Muslim
Law
For
MJPRU / GJUM / CCSU / MSU / Others
Unit I: Introduction and Foundational Concepts of Muslim Law
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Introduction to Muslim Law: Meaning, Nature, Scope and Application
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Definition of a Muslim, Conversion to Islam, Apostasy and its legal implications
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Sources of Muslim Law: Classical and Modern Sources (e.g., Quran, Sunna, Ijma, Qiyas, Custom, Equity, Justice and Good Conscience, Legislation)
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Schools of Muslim Law: Sunni Schools (Hanafi, Maliki, Shafi'i, Hanbali) and Shia Schools (Isna Ashari, Ismaili, Zaidya), their characteristics and differences
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Applicability of Muslim Law in India: Personal Law status and extent
Unit II: The Law of Marriage (Nikah) and Dower (Mahr)
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Marriage (Nikah): Definition, Nature, Objectives, Capacity for Marriage (competency, age, consent)
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Essentials of a Valid Marriage: Formation, conditions, and legal requirements
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Classification of Marriages: Valid (Sahih), Void (Batil), Irregular (Fasid) marriages and their legal effects
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Prohibitions to Marriage: Absolute and Relative
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Dower (Mahr): Definition, Nature, Objects, Classification of Dower (Specified, Proper), Confirmation, Enforcement and Rights of Wife in Dower
Unit III: Dissolution of Marriage, Post-Divorce Rights, and Maintenance
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Talaq: Forms of Talaq (Talaq-ul-Sunnat: Ahsan, Hasan; Talaq-ul-Biddat), Legal implications of Triple Talaq, Talaq-e-Tafweez
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Other modes of Unilateral Dissolution: Ila, Zihar
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Dissolution by Mutual Consent: Khula, Mubarat
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Judicial Dissolution of Marriage: Lian, Faskh, Grounds for Divorce under Dissolution of Muslim Marriage Act, 1939
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Maintenance: Rights of Wives and Divorced Muslim Women under Muslim Personal Law
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Statutory Provisions for Maintenance: Section 125 of Cr.P.C. (including Shah Bano Case), Muslim Women (Protection of Rights on Divorce) Act, 1986
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Contemporary Legislation: The Muslim Women (Protection of Rights on Marriage) Act, 2019 (Triple Talaq Act) and Maintenance provisions under The Bhartiya Nagrik Suraksha Sanhita, 2023 (e.g., Section 144)
Unit IV: Law of Gifts (Hiba) and Wills (Wasiyat)
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Gifts (Hiba): Definition, Essentials of a Valid Hiba, Formalities for making a Gift, Kinds of Hiba (e.g., Conditional, Contingent), Revocation of Gifts
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Special types of Gifts: Gift of Mushaa, Marz-ul-Maut
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Wills (Wasiyat): Definition, Nature, Capacity to make a Will, Subject matter of a Will (Testamentary succession), Limits on testamentary power
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Beneficiaries (Legatees), Abatement of Legacies, Revocation of Will
Unit V: Wakf, Pre-emption, Succession, Acknowledgement, and Guardianship
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Wakf: Definition, Characteristics, Kinds, Creation, Management, and Administration of Wakf Properties
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Pre-emption (Shufa): Definition, Nature, Classification of Pre-emptors, Formalities, Constitutional Validity
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Inheritance: General principles of succession, Heirs (Sharers, Residuaries), Doctrines of Aul (Increase) and Radd (Return), Inheritance under Sunni Law
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Acknowledgement of Paternity: Conditions, Effects
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Guardianship (Wilayat): Types of Guardians (person, property), Appointment, Powers, Duties, Removal of Guardians
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