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    Muslim Law UNIT 1 PPT

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    devang gupta
    The document provides information about the Family Law II course offered at the Department of Law. It includes 3 course outcomes that will impart students with understanding of the nature and sources of Muslim Law, the concept of marriage and divorce under Muslim Law, and gifts and inheritance through will under Muslim Law. The course also provides in-depth knowledge about various aspects of Muslim Law, including the essentials of marriage such as proposal and acceptance, capacity to contract marriage, puberty, and guardianship in marriage. It discusses assessment methods such as questions about evidence, differences between Shia and Sunni, and impediments to Muslim marriage. References for further reading are also provided.

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    Muslim Law UNIT 1 PPT

    Uploaded by

    devang gupta
    57 views14 pages
    The document provides information about the Family Law II course offered at the Department of Law. It includes 3 course outcomes that will impart students with understanding of the nature and sources of Muslim Law, the concept of marriage and divorce under Muslim Law, and gifts and inheritance through will under Muslim Law. The course also provides in-depth knowledge about various aspects of Muslim Law, including the essentials of marriage such as proposal and acceptance, capacity to contract marriage, puberty, and guardianship in marriage. It discusses assessment methods such as questions about evidence, differences between Shia and Sunni, and impediments to Muslim marriage. References for further reading are also provided.

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    Muslim_law_UNIT_1_PPT

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    The document provides information about the Family Law II course offered at the Department of Law. It includes 3 course outcomes that will impart students with understanding of the nature and sources of Muslim Law, the concept of marriage and divorce under Muslim Law, and gifts and inheritance through will under Muslim Law. The course also provides in-depth knowledge about various aspects of Muslim Law, including the essentials of marriage such as proposal and acceptance, capacity to contract marriage, puberty, and guardianship in marriage. It discusses assessment methods such as questions about evidence, differences between Shia and Sunni, and impediments to Muslim marriage. References for further reading are also provided.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    57 views14 pages

    Muslim Law UNIT 1 PPT

    Uploaded by

    devang gupta
    The document provides information about the Family Law II course offered at the Department of Law. It includes 3 course outcomes that will impart students with understanding of the nature and sources of Muslim Law, the concept of marriage and divorce under Muslim Law, and gifts and inheritance through will under Muslim Law. The course also provides in-depth knowledge about various aspects of Muslim Law, including the essentials of marriage such as proposal and acceptance, capacity to contract marriage, puberty, and guardianship in marriage. It discusses assessment methods such as questions about evidence, differences between Shia and Sunni, and impediments to Muslim marriage. References for further reading are also provided.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 14

    INSTITUTE

    DEPARTMENT OF LAW
    Bachelor of Law
    Subject Name and Code: FAMILY LAW II and LLT-262
    Class: LL.B. [Sem. VI]

    FAMILY LAW DISCOVER . LEARN . EMPOWER


    FAMILY LAW-II

    CO Number Title Level


    CO1 Students will be imparted complete understanding and knowledge Understand  
    nature and sources of Muslim Law.
    CO2 Students will understand the concept of marriage, kinds of marriages Understand
    and divorce under Muslim Law.  

    CO3 To give to the student’s complete knowledge of gifts under Muslim Understand
    law and also about the law relating to alienation through will.

    https://www.quora.com/

    2
    FAMILY LAW-II

    This Subject provides detail knowledge about


    Muslim Law, Students will get in depth
    knowledge of all aspects of Muslim Law

    https://images.search.yahoo.com

    3
    Essentials of Marriage
    PROPOSAL AND ACCEPTANCE
    1. To ensure a fair trial where none of the rights of the accused are compromised nor are they unjustifiably
    favored.

    2. To know the inception of evidence law and its use . 

    4
    www.cuchd.in Campus: Gharuan, Mohali
    •For those Facts Evidence is Given to the Court by two ways,

    •One is Orally and Second is Documentary (includes Electronic Documents),

    •Oral Evidence mostly suggest the Verbal deposition before the Court (and not other wise), and Which includes oral
    statement regarding materials too,

    • Documentary Evidence suggest the Documents.

    5
    www.cuchd.in Campus: Gharuan, Mohali
    1. There should be a proposal (Ijab) and an acceptance (qubool) of the proposal

    2. Neither writing nor any religious ceremony is essential for a valid


    MuslimMarriage.

    3. The presence of witnesses, however, is nothing more than a mere matter of


    evidence; for a marriage without witnesses is fasid (irregular)only, and not
    batil (void); in fact in Shia law, the presence of witnesses isnot even
    necessary.

    6
    www.cuchd.in Campus: Gharuan, Mohali
    CAPACITY TO CONTRACT
    MARRIAGE
    1.The parties to the marriage should have either the capacity to marry or
    the capacity to be married.
    2. Persons who are not of sound mind, or who have attained puberty, can
    be contracted in marriage by their respective guardians.
    3.Under Muslim law, every Muslim who is of sound mind and who has
    attained puberty, has the capacity to marry. Under Muslim law majority
    is attained at puberty.

    7
    www.cuchd.in Campus: Gharuan, Mohali
    PUBERTY DEFINED
    1. Under the Hanafi law, puberty in a minor of either sex, is presumed to have
    been attained on completion of the fifteen year. In the case of Shia female,
    the age of puberty begins with menstruation.
    2 Puberty means the period oflife at which persons become capable of begetting or bearing
    children.
    3. Puberty in case of female usually commences at the age of thirteen or
    fourteen year in India.
    4. But under Muslim law, puberty is presumed , in the
    absence of evidence, on the completion of the age of fifteen years.

    8
    www.cuchd.in Campus: Gharuan, Mohali
    GUARDIANSHIP IN MARRIAGE (JABAR)
    The order of guardianship for the purpose of marriage is as follows:

    1.Father
    2. Paternal grandfather, how high so ever
    3.Brother and other paternal relatives , in the same order as for inheritence
    4. Mother
    5. Other maternal relations within the prohibited degrees – and failing all these
    The Government
    Shia Law – the only guardians recognized by the Shia law are the father and the
    paternalgrandfather, how high so ever. A marriage brought about by a person other than the
    father or a grandfather is wholly ineffective, unless it is ratified by the minor on attaining
    majority.

    9
    www.cuchd.in Campus: Gharuan, Mohali
    Assessment Pattern

    • What is the meaning of Evidence?


    • Analyze the various part of Evidence ?
    • What are various questions in Evidence ?

    10
    Assessment Pattern

    • What is the meaning of Shia and Sunni?


    • Analyze the various impediments of muslim marraige ?
    • Who is Guardian ?

    11
    APPLICATIONS
    1. The Muslim law help students in Practice also
    2. Students will acquainted with the various modes of Marriage,Divorce .guardianship, gift in Muslim Law

    12
    REFERENCES

    • Dr. M.A Qureshi, Muslim Law (Central Law Publications, 4thEdn. 2012).
    • Dr. Poonam Pradhan Saxena, Family Law –II (Lexis Nexis Publications, 3rdEdn. 2011).
    •  
    • M. Hidayatulla and Arshad Hidayatulla, Mulla’s Principles of MahomedanLaw (19th Edn. 2006)
    • Tahir Mahmood, Fyzee’s Outlines of Muhammedan Law (3rd Edn. 2008)
    •  
    • Tahir Mahmood, The Muslim Law of India(Law Book Company, 1980 RanganathMisra (Rev.).

    13
    THANK YOU

    For queries
    Email: [email protected]
    subject_code_LLT-

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