MODULE ONE ONE point one Sources of Muslim Law Shariat Application Act, nineteen thirty-seven
Application of the Act, nineteen thirty-seven
Section Three: Power to make a declaration
The rule-making power of the State Governments under the Act of nineteen thirty-seven
Repeals under the Muslim Personal Law (Shariat) Act, nineteen thirty-seven
Sources of Mohammedan Law
Sunna (Traditions or Ahadis)
Ijma (Consensus- सर्वसम्मति)
Qiyas (Analogical deductions - सादृश्य कटौती)
Secondary sources of Muslim Law Judicial decision - (Precedent - मिसाल)
Equity, justice and conscience
Precedent cases that have given a new dimension to Muslim law
The Supreme Court verdict
One point two Schools of Muslim Law
Besides the schools under Shia and Sunni sects, there are some other schools which are also present which are:
One point three. Concept of Marriages and Mehr under Muslim Law
Difference between consideration in contract and consideration in Muslim Law
The conflict between the terms 'mahr' and 'dowry'
Classification of dower The dower may be classified into:
What to do if the amount of dower is intentionally given low and the wife cannot maintain herself
Rights of wife when dower is not paid to her
Refusal to cohabit (सहवास से इंकार)
Right to dower as a debt (कर्ज के रूप में दहेज का अधिकार)
Right to retain possession in lieu of unpaid dower (अवैतनिक मेहर के एवज में कब्जा बनाए रखने का अधिकार)
Suit for dower and limitation (दहेज और मर्यादा के लिए सूट)
Essential requisites of Valid Muslim Marriage (वैध मुस्लिम विवाह की आवश्यक आवश्यकताएं)
Essentials of a valid Muslim Marriage
Free From Legal Disability
Miscellaneous Prohibition
Absence of Proper Witness
Miscellaneous Prohibitions
Marriage under Muslim Law
Essentials of Muslim marriage
Marriage with women undergoing Idda/Iddat
Marriage in violation of the doctrine of equality
Characteristics of muta marriage
Characteristics of Sahih (valid) marriage
Characteristics of Batil (void) marriage
Fasid (irregular) marriage
Characteristics of Fasid (irregular) marriage
Doctrine of Puberty (Option of Puberty) Khyar-ul-Bulugh
Positions Held By Varied Authors
Prevalence of Puberty in the Indian Judicial Decisions
Concept of 'Halala Marriage' Understanding Nikah halala
Legal provisions of Nikah halala in Quran
Legality of Nikah halala in India
Legal validity of Nikah halala today
Concept of Mehr and its Classification Dower (Mahr) Origin
Right to Make A Legislation In Respect of Reasonable Dower
Object of Dower The object of Dower are:
Increase or Decrease of Dower
Classification of Dower Dower can be classified into two:
Presumption regarding prompt and deferred dower.
Proper (Customary) Dower.
Determination of Proper Dower- The amount of proper dower is decided on the basis of following factors:
Wife's Rights And Remedies On Non-Payment of Dower.
Two. Right to dower as a debt:
Three. Right to retain possession in lieu of unpaid dower:
Features of right to retain the possession are:
Six. Widow in possession liable to account:
Eight. Right of retention whether heritable or transferable:
Difference Between Sunni And Shia Law Relating To Dower
Amount of Dower and Condition Of Payment
One point four Dissolution of Muslim Marriage
Classification of Dissolution of Marriage
Divorce by Mutual Consent
The last mode mentioned in the above table for dissolution of marriage is, by way of judicial separation.
Points to be considered for a valid talaq
Talaq made during death illness
Divorce by wife Talaq-e-Tafweez
Divorce by mutual consent
Divorce by judicial decree under Muslim Dissolution of Marriage Act, nineteen thirty-nine Lian
Need for Uniform Civil Code
Criminalization of Triple Talaq Talaq-E-Biddat
Triple Talaq From The View Of The Indian Constitution:
One point five Maintenance
Persons entitled for Maintenance under Personal Law
Maintenance to Muslim Wife
Maintenance of wife under Criminal Procedure Code, 1973
Section One hundred twenty-five of the Criminal Procedure Code nineteen seventy-three
Maintenance under The Muslim Women (Protection of Rights on Divorce) Act, nineteen eighty-six
When does the right of maintenance comes to an end?
Muslim women (protection on right to divorce) Act, nineteen eighty-six
Muslim Personal Laws in India
Marriage and divorce in Muslims
The Muslim Women (Protection of Right on Marriage) twenty nineteen
The Literacy Statistics of Muslim's in India according to Census two thousand eleven
One point six Paternity Legitimacy, Parentage and Acknowledgment
PARENTAGE rishta: PATERNITY AND MATERNITY:
LEGITIMACY UNDER MUSLIM LAW:
LAWS OF LEGITIMACY (INDIAN EVIDENCE ACT, eighteen seventy-two):
ACKNOWLEDGEMENT OF PATERNITY (IKRAR-E-NASAB):
CONDITIONS OF A VALID ACKNOWLEDGEMENT OF LEGITIMACY:
One point seven Guardianship
DEFINITION OF GUARDIANSHIP UNDER MUSLIM LAW
APPOINTMENT OF GUARDIAN: Guardianship under Muslim law
KINDS OF GUARDIANSHIP/ GUARDIANSHIP UNDER MUSLIM LAW
GUARDIANSHIP IN MARRIAGE (JABR)
Six. The Qazi or the court.
TESTAMENTARY GUARDIAN FOR MARRIAGE
MARRIAGE PERFORMED BY REMOTER GUARDIAN IS VOID
EFFECT OF APOSTASY ON GUARDIANSHIP OF MARRIAGE:
GUARDIANSHIP OF THE PERSON OF THE MINOR FOR CUSTODY (HIZANAT).
FEMALE RELATION IN DEFAULT OF MOTHER
Other male relations entitled to hizanat are:
GUARDIANSHIP OF MINOR'S PROPERTY
Power of legal Guardians regarding immovable property
Relative rights of the heirs of a deceased person in the property inherited by them
Two. GUARDIAN APPOINTED BY THE COURT (OR CERTIFIED GUARDIAN)
Powers of legal guardian regarding movable property
DE FACTO (वास्तव में) GUARDIANS
No power to alienate immovable property
Alienation, not only voidable but void
Mother, brother and uncle, etc., as de facto guardians
Testamentary guardianship in property
Alienation of movable property
Disqualification of Guardian Disqualifications of guardianship of person
Termination of guardianship of person
MODULE Two point one. General Principles of Inheritance under Muslim Law
Intestate succession in Islamic law
In order to understand the rules of succession, it is crucial to know the meaning of the following:
General principles of inheritance
Residuaries in their own rights
Residuaries in another's rights
Two point two Sunni Law of Inheritance.
Doctrine of Representation
Female's Right of Inheritance
Widow's right to succession
Grounds of Disqualifications
Simultaneous Death of two Heirs
Two point three Shia Law of Inheritance
Comparison of Sunni and Shia interpretation of Quran
Shia Law Classification of heirs
One. Heirs by consanguinity (Nasab), that is blood relationship
Two. Heir by special cause (Sabab), which is heir by marriage (husband and wife).
two) Heir by special relationship (Wala).
How the distribution of property is affected
Succession among the heirs of the same class
The Rule of succession among descendants
Distribution among heirs of the first class
Distribution among heirs of the second class
Distribution among heirs of the Third class
Doctrine of Increase (Aul)
Doctrine of Return (Rudd)
Two point four Life Estate
Nawazish Ali Khan versus Ali Raza Khan:
Two point five Testamentary Succession/ Concept of Wills (Vasiyyat)
Meaning and nature of Will
Essentials of a valid Will
Attempt to suicide by Legator
Who can take property under a Will?
Where the share is not specified
The subject matter of a Will
Principle limitations on testamentary powers
Preferential distribution
Comparison of Sunni and Shia law of Will
MODULE Three point one. The Parsi Marriage and Divorce Act nineteen thirty-six:
Parsi Marriage and Divorce Act nineteen thirty-six
The penalty under the Act:
Dissolution of Parsi Marriage
In Parsi Divorce Act one of the partners may dissolve marriages by three means:
Reasons for marriage dissolution: When a husband or wife are separated from one another for a period of seven years.
Three point two. The Indian Christian Marriage Act, eighteen seventy-two
Individuals Eligible to Solemnise
Marriage Registrar Conditions
Notice of Intended Marriage
Pledge before the Registrar
Performance of the Marriage
Marriages of Indian Christian
Here are some key points regarding marriages of Indian Christians:
Penalties and Miscellaneous provisions
Three point three The Indian Divorce Act eighteen sixty-nine
Background of the Indian Divorce Act, eighteen sixty-nine
Grounds for dissolution of marriage
Different ways for obtaining divorce Divorce by mutual consent of the parties
Rights regarding maintenance
Rights regarding the custody of the children
Rights regarding property
Divorce that is not by mutual consent
Petition filed by husband
Grounds on which a petition can be dismissed
Decree for dissolution of marriage
Confirmation of dissolution of marriage
Verification of decree by high court
Decree of nullity of marriage
The Indian Divorce (Amendment) Act, two thousand one
Protection orders under The Indian Divorce Act eighteen sixty-nine
Alimony, Settlements, custody of Children, remarriage
Court Procedure and Miscellaneous
MODULE Four: Indian Succession Act, Nineteen twenty-five
Scheme of the Act, Application of the Act
Intestate and testamentary succession across religions
Important concepts of testamentary succession
One. Persons capable of making wills
Two. Testamentary guardian
Three. Revocation of will by testator's marriage
Five. Privileged and unprivileged wills
Six. Bequeath of property to religious or charitable causes
Intestate Succession under Indian Succession Act, nineteen twenty-five for Christians and Jews
Who is an 'Indian Christian'?
This Act recognizes three types of heirs:
A. Basic principles regarding intestate succession among the Christians and Jews
Succession in Christians and Jews can be done in two ways
B. Intestate Succession laws in Christianity and Jews
Rights of the widow and the widower
Rights of children and other lineal descendants
Succession laws when there are no lineal descendants
Intestate succession under Indian Succession Act, nineteen twenty-five for Parsis
A. Basic principles regarding intestate succession among Parsis (Section fifty)
B. Intestate succession laws in Parsis
Analysis of Christian, Jews, and Parsis succession laws
Critical Analysis of Christian and Parsi succession laws
Two. The spouse of the son and daughter (i.e. daughter-in-law or son-in-law) is not the legal heir
DOMICILE BY OPERATION OF LAW
THE LAWS REGULATING DOMICILE
Four point three. Inheritance (For other than Parsis)
Four point four Law of Inheritance for Parsis
Four point five Testamentary Succession.
Will is defined under section two (h) of The Indian Succession Act, nineteen twenty-five as follows:
Rules governing transfer of property through will:
Two. The Code of Civil Procedure, nineteen eight
Four. The Indian Stamp Act, eighteen ninety-nine
Bequest to Unborn Person or Non-Existing Person
Rule against Perpetuity (शाश्वतता के विरुद्ध नियम)
Onerous Gifts (महँगे उपहार), Conditional Gifts(सशर्त उपहार) Onerous Gifts:
Kinds of Legacies (विरासत के प्रकार)
Ademption of Legacies (विरासत की मुक्ति)