Course Description: 

The course will focus on Muslim Personal laws of Pakistan. The course is divided in to two modules; in this module both the classical and codified Islamic personal laws dealing with marriages, divorce, maintenance, custody of children and parentage will be discussed. The course will also include contemporary Islamic personal laws as applied in selected Muslim states.

Learning Outcomes:

Upon completion of the Course student should be able to know about:

  • Guiding principles of Islamic law covering all important issues that a Muslim may come across during his life.
  • Vital laws regarding marriage, dower, divorce, maintenance, inheritance (Hanfi & Shia Law), will, gift, parentage, guardianship and other family matters.
  • The study will enables the students to know how they can mold their personal lives according to the principles enunciated in their course.
  • Enable the students to provide legal aid according to the principles of Islamic law enunciated in their course.

Outline:

  • Family Laws

General introduction to the family law of Islam

The institution of family and its significance in Islam

  • Marriage

Definition

Ingredients

Kinds

Dissolution of Marriage

  • Definition Modes of Dissolution (Talaq, Khula, mubarat, zehar, Talaq-e-Tafweez etc.)
  • The Dissolution of Muslim Marriage Act 1939
  • The Child Marriage Restraint Act 1929
  • The Muslim Family Law Ordinance 1961

Dower (mahr)

Kinds

  • Maintenance of Kins

Recommended Books:

  1. Mansoori,M.T.(2006).Family Law in Islam:Theory and application.Islamabad:Shariah Academy.
  2. Mehmmod,T.,& Fayzee,A.A.(2005).Cases in muhammadan law in India,Pkaistan and Bangladesh:Oxford University Press
  3. Mulla, & Mannan. (2010). Principles of Muhammadan Law:Lahore.All Pakitan Legal Decisions.
  4. The Dissolution of Muslim Marriages Acts,1939 ( As amended up to date)
  5. The Child Marriage Restraint Act,1929 ( As amended up to date)   
  6. The Muslim Family Law Ordinance 1961 (As amended up to date)
  7. The Family Court Act, 1964 ( As amended up to date)
  8. The Guardian and Wards Act, 1890 (As amended up to date)


Week

Topics & Readings

Books with page number

1.

Family Laws

General introduction to the family law of Islam

 

Outlines of Islamic Jurisprudence. Page 319 to 321

2.

The institution of family and its significance in Islam

 

Muslim Personal Law by M. A. Chaudhary. Page 93 to 100

3.

Marriage

Definition

Essential

Legal Capacities

 

Principles of Muhammadan Law. Page 395 to 399

4.

Legal prohibitions of Marriage

Kinds of Marriage

 

Principles of Muhammadan Law. Page 399 to 403

5.

Kinds of Marriage

 Legal consequences of Marriages

Principles of Muhammadan Law. Page 399 to 403

6.

Minor  Marriage

Guardianship in Marriage

The Muslim Family Law Ordinance 1961

 The Muslim Family Law Ordinance 1961

(Statute)

7.

The Muslim Family Law Ordinance 1961

 Quiz

The Muslim Family Law Ordinance 1961

(Statute)

8.

Expected Mid -Term Exams

 

9.

Maintenance of Kins

 

Principles of Muhammadan Law. Page 435 to 431

10.

Dower (mahr)

Kinds of mahr

Principles of Muhammadan Law. Page 437 to 441

11.

Dower (mahr)

Kinds of mahr

Principles of Muhammadan Law. Page 437 to 441

12.

Divorce (Talaq)

Definition

Talaq Suunat & Talaq Biddat

Principles of Muhammadan Law. Page 460 to 476

13.

Modes of Talaq (Khula. Mubarat)

Presentations Group 1 to 2

Principles of Muhammadan Law. Page 477 to 497

14.

Modes of Talaq (Zehar, Talaw-e-Tafweez (Delegated Talaq))

Consequences of Divorce

 Presentations Group 3 to 4

Principles of Muhammadan Law. Page 478 to 497

15.

The Dissolution of Muslim Marriage Act 1939

Child Marriage Restraint Act

Presentations Group 5 to 6

The Dissolution of Muslim Marriage Act 1939 (Statute)

 

16.

Final Term

 
 

 

Description of system of evaluation:

Total marks: 100

Midterm exam/ termpaper: 30 Marks.

Sessional activities ( quizz, presentation, assignments, class participation) : 20 Marks.

Final Term examination / Termpaper: 50 Marks.

Key Dates and time of class mettings:

Midterm exam: 8th week of the semester.

Final term exam: 16th week of the semester.

Class timings:

LL.B 5 Years 2018-23 Regular (A) 5th Semester

Mondays: 08:00 to 09:30 am

Wednesdays: 9:30 to 11:00 am

LL.B 5 Years 2018-23 Regular (B) 5th Semester

Tuesdays: 2:00 to 03:30 pm

Fridays: 12:00 to 01:30 pm

 

Course Material