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Family Law II - Mohammedan Law

Semester 2 · 23 topics in 5 units

Past question papers for Family Law II - Mohammedan Law

Unit I 6 topics

  1. Development of Muslim law and its schoolsHow Islamic law grew after the Prophet, how it came to be applied in India, the four Sunni and three Shia schools, the Motazilas, and the Hanafi–Shia differences that decide exam problems.6 min
  2. Sources of Muslim lawThe four primary sources (Quran, Sunna, Ijma and Qiyas), the secondary sources (custom, judicial decisions, legislation, and justice, equity and good conscience), and what section 2 of the Shariat Act 1937 actually covers.6 min
  3. Who is a Muslim: birth, conversion and apostasyWhen a person is a Muslim by birth or by conversion, what apostasy does to a marriage under section 4 of the Dissolution of Muslim Marriages Act 1939, and why conversion to Islam cannot be used to take a second wife (Sarla Mudgal, Lily Thomas).6 min
  4. Muslim marriage: nature, essentials and kindsWhat nikah is, whether it is a contract or a sacrament (Abdul Kadir v. Salima), the essentials of a valid marriage, the classification into sahih, batil and fasid with the legal effects of each, and muta marriage among Shias.6 min
  5. Polygamy, child marriage and the option of pubertyThe Quranic limit of four wives and how the State has regulated polygamy, the Prohibition of Child Marriage Act 2006 and the unresolved conflict with puberty under personal law, and the option of puberty under section 2(vii) of the 1939 Act.7 min
  6. Dower (mahr)What dower is, whether it is consideration or an obligation imposed by law (Abdul Kadir v. Salima), specified dower prompt and deferred, proper dower, when dower is confirmed, the widow's right of retention, and the wife's remedies.8 min

Unit II 6 topics

  1. Parentage, legitimacy and acknowledgment of paternityHow Muslim law fixes maternity and paternity, the minimum and maximum periods of gestation, acknowledgment of paternity after Habibur Rahman, and how section 116 of the Bharatiya Sakshya Adhiniyam overrides the old rules of presumption.7 min
  2. Guardianship and custody (hizanat) under Muslim lawThe mother's right of hizanat and its age limits, who takes custody after her and how the right is lost, and the legal, de facto and court-appointed guardians of a minor's property under Muslim law and the Guardians and Wards Act, 1890.7 min
  3. Talaq and the modes of dissolution of a Muslim marriageTalaq ahsan, hasan and biddat, the end of instant triple talaq in Shayara Bano and the 2019 Act, delegated divorce, khula and mubarat, ila, zihar and lian, and the grounds of judicial divorce under section 2 of the Dissolution of Muslim Marriages Act, 1939.8 min
  4. Iddat and the legal effects of divorceWhy a Muslim woman observes iddat, how long it lasts after divorce, death, pregnancy and an unconsummated marriage, her rights and disabilities during it, and what divorce does to dower, maintenance, inheritance and remarriage.6 min
  5. The Indian Divorce Act, 1869: dissolution, nullity and judicial separationWho the Indian Divorce Act applies to, the grounds of dissolution in section 10 as rewritten in 2001, divorce by mutual consent under section 10A, nullity, judicial separation, alimony and the bars to relief.7 min
  6. Maintenance of Muslim women: personal law, the 1986 Act and section 144 BNSSA Muslim wife's right to maintenance under personal law, the Shah Bano controversy, the Muslim Women (Protection of Rights on Divorce) Act, 1986 as read in Danial Latifi, and the 2024 ruling in Mohd. Abdul Samad that a divorced Muslim woman can still claim under section 125 CrPC, now section 144 BNSS.9 min

Unit III 4 topics

  1. Wills under Muslim lawWasiyat under Muslim law: who may make a will, the two limits of the bequeathable third and the bar on bequests to heirs, death-bed dispositions, how a will differs from a gift, and where Shia law departs from Sunni law.8 min
  2. Hiba: gifts under Muslim lawThe definition and three essentials of a hiba, the special kinds of gift (hiba-bil-iwaz, hiba-ba-shart-ul-iwaz, sadaqa, ariya), the doctrine of musha, revocation, death-bed gifts, and Hafeeza Bibi on writing and registration.8 min
  3. Wakf and the mutawalliWhat a wakf is, the essentials of a valid wakf, its kinds including the family wakf saved by the 1913 Act, the appointment, powers, duties and removal of the mutawalli, and the Waqf Act 1995 as renamed and amended in 2025, with what the Supreme Court stayed on 15 September 2025.8 min
  4. Pre-emption (shufa)The right of pre-emption under Muslim law: its nature, the three classes of pre-emptor, the three demands, the ways the right is lost, and its constitutional validity after Audh Behari Singh, Bhau Ram and Atam Prakash.7 min

Unit IV 4 topics

  1. Muslim law of inheritance: Sunni and ShiaGeneral principles of Muslim inheritance, the Quranic sharers, residuaries and distant kindred under Hanafi law, the three Shia classes, the doctrines of aul and radd, and a worked distribution.6 min
  2. The Indian Succession Act and domicileTo whom the Indian Succession Act, 1925 applies, and Part II on domicile: domicile of origin, of choice and of dependence under sections 4 to 19, and why domicile decides succession to movables.7 min
  3. Intestate succession: non-Parsis and ParsisPart V of the Indian Succession Act, 1925: the rules for Christians and other non-Parsis in sections 31 to 49 with worked shares, and the special rules for Parsi intestates in sections 50 to 56 as amended in 1991.6 min
  4. Probate, letters of administration and succession certificatesHow representative title to a deceased person's estate is proved: probate and letters of administration, the powers and duties of executors and administrators, and the succession certificate under sections 370 to 390 of the Indian Succession Act, 1925.8 min

Unit V 3 topics

  1. Wills under the Indian Succession ActCapacity to make a will, execution and attestation of unprivileged wills under section 63, privileged wills under sections 65 and 66, revocation, the main rules of construction, void bequests in sections 112 to 118, and proof of a will after Venkatachala Iyengar.9 min
  2. Legacies, ademption and protection of the estateSpecific, demonstrative, general and residuary legacies under the Indian Succession Act, 1925, ademption under sections 152 to 166, abatement, and the summary protection of a deceased person's property through curators under sections 192 to 210.8 min
  3. The Family Courts Act and the Uniform Civil CodeThe Family Courts Act, 1984: establishment, judges, jurisdiction, conciliation-based procedure and appeals; and Article 44, the Supreme Court's calls for a Uniform Civil Code, the Law Commission's 2018 consultation paper and the Uttarakhand Uniform Civil Code, 2024.8 min