ONLINE CERTIFICATE COURSE ON MUSLIM LAW
(MUSLIM LAW (Mohammedan Law) – SYLLABUS)
Unit I: Introduction
- Origin, development and history of Muslim Law
- Meaning and definition of Muslim Law
- Nature and scope of Muslim Law
- Application of Muslim Law in India
- Schools of Muslim Law:
- Sunni School (Hanafi, Maliki, Shafi, Hanbali)
- Shia School (Ithna Ashari, Ismaili)
- Difference between Sunni and Shia Law
Unit II: Sources of Muslim Law
- Primary Sources:
- Quran
- Sunnah
- Ijma
- Qiyas
- Secondary Sources:
- Custom (Urf)
- Judicial decisions
- Legislation
- Equity, Justice and Good Conscience
- Role of courts in the development of Muslim Law
Unit III: Marriage (Nikah)
- Concept, definition and nature of marriage
- Essentials and formalities of a valid marriage
- Capacity for marriage
- Kinds of marriage:
- Valid (Sahih)
- Void (Batil)
- Irregular (Fasid)
- Mahr (Dower): meaning, kinds and enforcement
- Rights and duties of husband and wife
- Prohibited degrees of marriage
- Mut’a marriage
- Registration of marriage
Unit IV: Dissolution of Marriage
- Talaq: meaning and kinds
- Talaq-e-Sunnat
- Talaq-e-Bidat (Triple Talaq)
- Talaq-e-Hasan
- Talaq under Muslim Women (Protection of Rights on Marriage) Act, 2019
- Ila and Zihar
- Divorce by mutual consent (Khula and Mubarat)
- Judicial divorce under the Dissolution of Muslim Marriages Act, 1939
- Effects of divorce
Unit V: Maintenance
- Maintenance of wife, children and parents
- Muslim Women (Protection of Rights on Divorce) Act, 1986
- Maintenance under Section 125 CrPC (now BNSS)
- Rights of divorced Muslim women
- Leading case laws
Unit VI: Paternity, Legitimacy and Guardianship
- Legitimacy and acknowledgment of paternity
- Legitimate and illegitimate children
- Guardianship:
- Guardian of person
- Guardian of property
- Guardian for marriage
- Custody (Hizanat): rights of mother and father
Unit VII: Gift (Hiba)
- Definition and essentials of a valid gift
- Kinds of gifts
- Gift of Mushaa
- Revocation of gift
- Hiba-bil-iwaz and Hiba-ba-shart-ul-iwaz
- Gift by husband to wife and vice-versa
Unit VIII: Wakf
- Meaning, definition and nature of Wakf
- Essentials of a valid Wakf
- Kinds of Wakf
- Wakf by user
- Wakf-ul-aulad
- Mutawalli: appointment, powers and duties
- Wakf Act, 1995
Unit IX: Inheritance
- General principles of Muslim inheritance
- Classes of heirs:
- Sharers
- Residuaries
- Distant kindred
- Rules of succession under Sunni and Shia Law
- Doctrine of Aul and Radd
Testamentary succession (Wasiyat)
- Escheat
Unit X: Recent Developments and Case Laws
- Constitutional validity of Triple Talaq
- Uniform Civil Code and Muslim Law
- Landmark judgments
- Contemporary issues and reforms in Muslim