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Paper 203 · Semester 2 · Private Law

Family Law II

Muslim personal law: sources and schools, divorce and talaq, parentage, guardianship, gift, waqf, and the secular family statutes.

Study Notes: 31 Chapters

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Syllabus Overview (5 Units · 31 Chapters)

Unit 1: Sources & Schools of Muslim Law

Origin and Development of Muslim Law · Sources of Muslim Law · Schools of Muslim Law: Sunni and Shia · Operation and Application of Muslim Law · Conversion to Islam and its Effects · Nature and Essentials of Muslim Marriage · Kinds of Marriage: Valid, Void and Irregular · Dower (Mahr) · The Muslim Women (Protection of Rights on Marriage) Act, 2019

Unit 2: Divorce & Modes of Talaq

Classification of Divorce under Muslim Law · Modes of Talaq · Triple Talaq: Judicial Interpretation and Legislative Response · Divorce at the Instance of the Wife: Khula, Mubarat and Tafweez · The Dissolution of Muslim Marriages Act, 1939 · Maintenance under Muslim Law · The Muslim Women (Protection of Rights on Divorce) Act, 1986

Unit 3: Parentage, Guardianship & Gift

Parentage, Legitimacy and Acknowledgment · Guardianship under Muslim Law · Gift (Hiba): Requisites and Formalities · Kinds of Gift, Musha and Revocation · Wills (Wasiyat) under Muslim Law

Unit 4: Waqf & Its Administration

Waqf: Definition, Essentials and Kinds · The Waqf Act 1995 and the 2025 Amendment · Mutawalli: Powers, Duties and Removal · Succession under Muslim Law: General Principles · Sunni and Shia Schemes of Inheritance

Unit 5: Secular Family Statutes

Special Marriage Act, 1954 · The Indian Divorce Act, 1869: Salient Features · Domicile · Maintenance to Dependents and Spouses · Intestate Succession of Christians under the Indian Succession Act, 1925