LLB · Semester 3 · Paper K-3001
Chaudhary Charan Singh University
Family Law II (Muslim Law)
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“Muslim Law — Introduction & Applicability”, the complete chapter, exactly as it appears in the full notes.
The term Muslim means "submission" — one who follows the religion of Islam. A person can be Muslim in two ways:
Born to Muslim parents and raised within the faith — no formal declaration required.
An adult of sound mind professes faith in Islam voluntarily; protected under Article 25 of the Constitution (freedom to practice, profess & propagate religion).
| Basis | Where Muslim Law Applies | Where It Does Not Apply |
|---|---|---|
| Territorial | All of India except Goa | Goa (Portuguese Civil Code, 1867) |
| Subject Matter | Marriage, divorce, maintenance, inheritance, wills, gifts, waqf | Criminal law matters (governed by BNS 2023) |
| Marriage Regime | Nikah performed under personal law | Marriage registered under Special Marriage Act, 1954 |
| Governing Statute | Shariat Act, 1937 / DMMA, 1939 | Indian Succession Act, 1925 (for SMA couples) |
Chapter by chapter, mapped to the LLB Semester 3 syllabus.
About the Family Law II (Muslim Law) paper and these notes.
The notes cover who is a Muslim and the Shariat Act 1937, sources of Muslim law, Sunni and Shia schools, marriage, mahr, talaq and maintenance, wills (wasiyyat), gifts (hiba), waqf, pre-emption, and acknowledgement of paternity, legitimacy and guardianship.
The notes explain the primary sources: the Quran, the Sunna, Ijma and Qiyas, followed by the Sunni and Shia schools of law.
Under Sunni law, two male witnesses, or one male and two female witnesses, who are sane, adult and Muslim, are compulsory at the time of marriage. Under Shia law, witnesses are not necessary. The notes also classify marriages as Sahih, Batil and Fasid, and discuss Muta marriage.
In Mohd. Ahmad Khan v. Shah Bano Begum (1985), the Supreme Court held that Sec 125 Cr.P.C. (now Sec 144 BNSS) is secular and applies to Muslim women irrespective of personal law. The notes trace what followed: the Muslim Women Act 1986, Danial Latifi v. Union of India (2001) and Shabana Bano v. Imran Khan (2010).
A Muslim can bequeath at most one-third of the net estate, after debts and funeral expenses. A gift (hiba), by contrast, transfers property immediately during lifetime and can cover the entire property, except during Marz-ul-Maut.
As given in the notes: Section A has 5 compulsory questions of 4 marks, Section B asks 2 of 3 questions of 10 marks, and Section C asks 3 of 5 questions of 20 marks, for a total of 100 marks.
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