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Family Law 2
Ith7873\COURSE TEACHER : CHAITHANYA NAIR.S
Lecturer K.L.E Law college
LESSON PLAN FOR FAMILY LAW –II
1st February, 2012 to 26th May, 2012 Syllabus :K.S.L.U
CLASS : I yr/3 YEARS;
An introduction to the study of family law.Relevance of personal law and constitutional perspective.Brief of the course, concern and objective of its study.Familiarizing students about the portion of Islamic Civil Law or Mohammedan Law herein after called ‘Muslim Law’ Discussion also about the syllabus and references.
- The origin of Mohammedan Jurisprudence.
- History of Muslim law and its development in middle east
- Advent of Islam2 and outline of Mohammedan law.
- Life and Teachings of Prophet Mohammed
Source Of Muslim Law
The four conventional source are:
2) Sunna and Ahadis
3) Ijmaa and
Two modern sources :-
1) Legislation and
Detailed discussion about the sources and eminent interpreters and jurists of these sources.
Discussion on the schools of Islamic law its establishment and theoretical principles laid down by the proponents of these schools
Classification of school3
a) The sunni school
b) The shia school
c) The Ahmadia school
Classification of sunni school
Classification of shia school
1) Isna – Asharia
Discussion on Ahmediyaschool, and the doctrines of Ahmediyas.
Difference between sunni and shia schools relating to certain subject mattes like Marriage, mehr, Divorce, Custody, Maternity, paternity, Gift, wakft, Pre-emption will, inheritance, etc.
The shariat Act 19.37
- Operation and application of Muslim law
- Who is Muslim according to the act?
- The Five Pillars of Islam:-
1) Profession of full fiath
2) Prayer or Namaz
3) Alms giving or zakat
4) Fasting or roza
5) Pilgrimage or Hajj
Concept of marriage or ‘nikah’
“Muslim Marriage is a civil contract”- How? Requirements of a valid marriage (10)
- Single husband/ plurality of wives
- Contemporaneous marriage
- Prohibition during iddat.
- Marriage with triple divorced woman
- Difference of religion
- Capacity of parties
10. Presence of witnesses discussion of cases Abdul Kadir- V.Salima
The object, nature and essentials of a Muslim marriage.
- Classification of marriage.
- Valid marriage – SahihNikah
Effects of a valid marriage
- Void Marriage – BatilNikah
Effects of void marriage
- Irregular marriage fasidNikah
Effects there of Also discussion on Land mark case AizunnissaV.Karimunissa.
- The legal incidents of muta marriage
- The duration and implications of the muta relation discussion about its validity and applicability
Custody practices and state regulation of Islamic law
- The customary practice of Dower or Mehr
- Classification of Mehr, proportions payable, the land mark case discussion of the widows right to possession of Mehr property
- MainaBih V. ChandhariVakil Ahmed
- Kapoor Chand V. KidarNissaBegam
- The customary practice of wakf and religious endowments. The state regulation of polyganny, child marriage and pre-emption.
- Essentials of a valid Wakf and conditions applciabel to it and what property can be diedicated as wakf.
Conversion and its consequences in Muslim law- discussions on the requirements for conversion to Islam.The Consequences or after effects of conversion on marriage, guardianship and succession Apostasy from Islam, etc.
Guardianship under Muslim law
- Child and family , the parental rights
- Custody maintenance and education of the child
- Right of custody or hizanat
- Classification of guardianship etc
– Guardianship for marriage custody of minor, minor wife, illegitimate child.
Court appointed guardian and De-facto guardian.
Paternity and acknowledgement under Muslim law
- Establishment of paternity and maternity
- S112 of evidence Act and Muslim law
- Presumption of paternity and its verificaiton.
Pre-emption, essential of pre-emption, the three demands constitutional validity.
Right of presumption, who can pre-empty right of re=purchase and substitution pre-emptor evading his right.
UNIT – III UNDER ISLAMIC LAW “
Kind of divorce (or) forms of Talaq. The requirements of :
- Talaq –i- sunnat
- Talaq-i- biddat
Discussion of the procedure of Talaq and its forms there of Divorce under the dissolution of Muslim Marriage Act – 1939 The ground of Divorce.
Continues…. Discussion of grounds and all case laws on divorce under Muslim Law.
Under Muslim law Maintenance of wife, principles to be followed, person entitled to, agreement by wife, under the personal law.
Right to maintenance u/s 125Cr.P.C.
- Maintenance of wife, parents, children
- Maintenance of collaterals
- Maintenanceof illegitimate children
- Effect of apostasy
- Discussion of case law on maintenance landmark case:-
Mohammed Ahmed Khan V Shah Bano Begum
Maintenance of divorced Muslim woman under the Muslim women (protection of rights on Divorce) Act 1986. A review of maintenance as an independent remedy.
Indian Divorce Act 1969
- Introduction to the object of the enactment
- Grounds of divorce
- Applicability of the act.
Nullity of marriage and bar to matrimonial relief.Under Indian Divorce act.
Alimony and maintenance
Under the Indian Divorce Act 1969 – the procedure there of ……
The changes brought into the Indian Divorce Act by amendment and the loop holes in the enactment. The Christian woman and the Indian Divorce procedural lacunae.Appraisal of the voice of Christian community against the enactment- a critical evaluation.
–Seminar on unit III specific topic – Assignment presentations.
Will and inheritance under Muslim Law
- Meaning of will
- Forms of will
- Bequests to heirs
- Requisites of a will
Revocation of will difference In Sunni and Shia law of will
Comparative study of will and gift
- difference between wasiyat and Hiba
- What is gift under Muslim law?
- Requirements of a Valid Gift
- Subject matter of gift
- Kinds of gift
- Revocation of gift
Donatio- Mortis Causa- Gift- Completion of Life- Grant.
Gift of Mushaa
Will made in favor of relations and rules of interpretation.
Muslim law of inheritance Sunni and Shia school on distribution of
- General rules of inheritance
Vesting of estates in the heirs, in heritance and child in the womb, no joint family property
Rule of primo geniture, rule of representation and rule of exclusion applicable while inheritance of property under Muslim law.
- Sunni law of inheritance
Classes of heirs
Shares and residnaries
Table of sharers, the Doctrine of Radd or Return Rules of succession.
Ascendants of the deceased Des
Shia law of inheritance
- No. distant kindred
- Classification of heirs
- Group1, Group II and Group III
Table of sharers under the Shia law
Hermaphrodite Heir, Double capacity.
- Heir in the womb, effect of birth of a heir, universal legatee and escheat.
The Seven Rules of Muslim law of inheritance. Discussion of the fundamental principles of inheritance.
Distinction between the Sunni and Shia law of inheritance.
Doctrine of Aul and (increase)
Doctrine of Rudd. (Return)
Competitive study of the Muslim Law and Hindu law of inheritance
Introduction to the Christian law life and teachings of Jesus Christ Christian community in India and protection under their personal law.Legislations governing Christian community.
– Indian Succession Act -1925
- Applicability of the Act.
- Its object
- Act governs Christians, Parsis and Jews
- Modes of succession
- Parisis intestate succession.
- Non-parsis intestate succession
- The effect of succession
- Succession certificate.
- Probate and letters of administration
Discussion on meaning of probate and its applicability
- Powers and duties of the Executor
- Who can execute under the Indian Succession Act?
- His powers and duty of execution.
Discussion about the distribution of property under the Indian succession Act and case law relating to it.
- The Quranic Basis of Muslim law and Biblical Basis of the Christian law’ Critical evaluation Indian.
- Seminar on the Laws regulating inheritance of Muslims and Christians.
Construction of will in brief outlines of Mohammedan law on wills
Privileged will and unprivileged will
Its requirements and applicability.
Void bequest and void will
Meaning of ‘Bequest’ and its essentials
Meaning of legacy
Kinds of legacies
Protection of property of the deceased.
Acknowledgement in favor of divorced.
Testamentary succession limit of testamentary power
Abatement of legacies
Woman and law of inheritance under Muslim law.
- Succession by a Muslim girl child
- by mother, grand mother, etc.
- any female relations.
- Christian woman and succession.
- Case laws relating to succession
- Mary roycase – discussion and critical evaluation of the complete enactment.
- Laws regulating the application of shariat Act 1937.
- Brief discussion of other enactment.
- Child marriage Restraint Act 1929 and customary practice of Muslims.
- The Wakf Act 1995
- The MussalmanWakf validating Act 1930
- It object and applicability
- The family courts act 1984
- Reasons for the establishment of family court
- The objectives
- Brief overview of the enactment.
- Establishment of Family court in India.
The jurisdiction of the court.
Constitution and power of the family court
Provisions of family court Act and the procedure followed while entertaining abase.
Function of the family court and its constitutional basis
Family court Judges, their appointment, working conditions and removal.
Discussion of the constitution of family court and its ability in setting disputes or family disputes
Settlement & Counseling
- Counselors and family court activity
- Importance of counselors
- Export psychologist and how they help the court in arriving at the final decision.
- Seminar on family court its efficiency in solving disputes on the basis of personal law.
- Appeals from Family courts,
Family court a civil court
Order of maintenance/Exparte order.
Alternative dispute resolution and family court.
Existing family law legislation and family court, dedicated to the cause of saving Indian family.
- Association of social welfare agencies and family court .family court Act – A Beneficent Legislation.
- The need for uniform civil code
The concept of uniform civil code in the Indian constitution.
Article : 44:- Establishment of the U.C.C. for creating a secular India.
- Uniform Civil Code V Right To Religion
Relevance of U.C.C. in a land of diverse religions
- Is govt. ready for U.C.C. after 63 years.
Do we need a uniform civil code?
- An open discussion
- Reason for its reserve
- An analytical and judicious study of the controversy relating to the implementation of uniform civil code.
- Seminar on U.C..C – A highly sensitive issue
- Personal religious law opposing U.C.C.
- Revision of Unit I to Unit III Base don previous Que. Papers.
- Revision of Unit IV& Unit V
Instruction to solve problems and writing answers to the que.
Making students confident to appear for exam on family law II with complete guidance.
Unit – I
- Asaf .A. Fyzee’s Outlines of – Mohammedan Law’
- TahirMohamood, - Mohammad an Law.
- Dr. Mohammed Nazmi- Mohammadan Law
Unit – II
- Fyzee’sMohammadan Law
- A.M.Bhattacharjee’s Muslim law and the constitution
- Indian Divorce Act (Bare act) 1986
Unit – IV
- D.D. Basu – Law of succession.
- B.B.Mitra’s Indian succession Act 1925
- Mulla’s Principles of Mohammadas law
- PrasDiwan law of intestate and testamentary succession.
Unit – V
- Shukla’s Indian Constitutional law
- Mohammad Nazmi – Mohammeden law
- Krishnalyer.J – Uniform Civil code.