Muslim Property Law


Muslim Property Law

Introduction to Muslim Property Law: Idea on Muslim Property Law, Evolution of Islamic Law relating to Land and Property; Sources of Islamic Law relating to Land; Muslim Women’s Rights To Property;

Gift or Hiba:

Definition, Essentials of a Valid Gift, Consequences, revocation, capacity of Making gift, Capacity of Donor and Donee, Gift made in favour of Minor, Subject matter of Gift, Classification of Gift, Registration of Gift under Muslim law, Gift with Return: Hiba-bil-ewaz, Hiba-ba-shart-ul-ewaz;

Will or Wasiyat:

Definition, Form of will, Essentials, Consequences, Capacity to make Will and to accept Will, what and how much can be bequeathed, limitation of Will, Will made in favour of Minor, Registration of Will, Revocation of Will, Comparison with Gift;

Waqf:

A.        General rules:

Meaning and Definition of Waqf, Characteristics of Waqf, Legal Effects of Valid Waqf, Kinds of Waqf, Capacity to create Waqf and to accept Waqf, Subject matter of Waqf, Objects of Waqf, Essentials of a Valid Waqf, Administration of Waqf, Application of the Income of Waqf, Remuneration of Imam, Waqf and Trust Distinguished;

B.         Statutory Provisions:

The Waqfs Ordinance, 1962: Appointment of Administrator of Waqf Offices and Staff and Constitution of Committee; Power and Functions of the Administrator, Enrollment of Waqf, Waqf Account, Mutawallis, Finance, Judicial Proceedings;

Pre‑emption or Shufa:

Definition, Nature of the right of Pre-emption, Formalities to be Observed, Subject matter of Pre-emption, Legal Effect of Pre-emption, Loss of the Right of Pre-emption, How Pre-emption is Evaded; Right of Pre-emption under the State Acquisition and Tenancy Act, 1950 (Amended in 2006);

Administration of Estates and Payment of Debts:

Legal Representative of a Deceased Muslim, The Requirement of Probate and Letters of Administration, Functions of Legal Representatives, Recovery of Credits to the Property of the Deceased, Alienation before Payment of Debt, Alienation by Co-sharer before Partition, Suit by Creditor against Heirs, Alienation for Payment of Debt;

Inheritance:

General Principles of Law of Inheritance, Objections regarding the Law of Inheritance and their Justifications, Classification of Heirs, Doctrine of Representation, Doctrine of Radd and Awl, Rules of Exclusion, Illustration with Practical Examples, Differences between Shia and Sunni Law of Inheritance;

Relevant Laws:

  1. Regulation of 1780
  2. The Guardians and Wards Act, 1890
  3. The Succession Act, 1925
  4. The Majority Act, 1875
  5. The Wakf Ordinance, 1962
  6. The Musalman Wakf Validating Act, 1913
  7. The Musalman Wakf Validating Act, 1930
  8. The Muslim Prsonal Law (Shariat) Act, 1937
  9. Dissolution of Muslim Marriages Application Act, 1974

10.      Child Marriage Restraint Act, 1929

11.      The Muslim Family Laws Ordinance, 1961

12.      The Muslim Marriage and Divorcees (Registration) Act, 1974

13.      Dowry Prohibition Act, 1984

14.      The Family Courts Ordinance, 1985

Book recommended:

1. Outline of Mohammedan Law by AA Fyzee

2. Principles of Mohammedan Law by D F Mulla

3. Succession in the Muslim Family by N.J. Coulson

4. A Text Book on Muslim Law by David Pearl & Dr. W. Menski

5. A Handbook on Muhammadan Law by F.B Tyabji

6   Islamic Law in the Modern World by J.M.U. Anderson

7.  Digest of Muhammadan Law by N.B.S. Bailie

8. An Introduction to Islamic Law by Joseph Schacht

9. Hand Book of Muslim Family Laws (6th Edition) 2005 by DLR Publication

10. Muhammedan Law by DLR Publication

11. Muslim Law by Sayed Khalid Rashid

12. Muslim Law by Shawkat Mahmood

13. Muslim law by M. Habibur Rahman (Vol. I & II)

14. Muslim law in Modern Society by Paras Diwan

15. A Code of Muslim Personal Law by Dr. Tanzilur Rahman

16. Islamic Law Reform in the Muslim World by Tahir Mahmud

17. From Partriarchy to Gender Equity: Family Law and Its Impact on Women in

Bangladesh by Taslima Mansoor

18. Mahommedan Law by Ameer Ali (Vol. I& II)

19. The Principles of Muhammadan Jurisprudence by Abdur Rahim

20. Reconstruction of Religious Thoughts in Islam by Mohammed Iqbal

21. Islamic Law, land and Property: UN Habitat, 2005

http://www.unhabitat.org/downloads/docs/3546_65292_ILP%203.doc

22. Law of Partition (2nd Edition) by DLR Publication

Leading Cases:

1.  Abdul Fata V. Russomoy Choudhury (1894) 22 IA 76

2.  Ahmed Ali V. Sabha Khatun Bibi PLD 1952 Dhaka, 385

3.  Ali Nawaz V. Mohd. Yousuf (1996) 15 DLR 9 (SC)

4.  Gobinda Day V. Inayatullah (1885) 7 ALL 775

5.  Habibur Rahman V. Altaf Ali (1921) 48 IA 114

6.  Marina Jatoi V. Nuruddin Jatoi, PLD 1967 ISC 580

7.  Muhammad Ali Allahbad V. Muhammad Ismail (1880) IO 29

8.  Muhammad Bashir V. Ghulam Fatima PLD 1953 Lahore 73

9.  Nawab-Uniad Ally Khan V. Mst Mahudee Begum (1867) JM JA 517

10. Beguman V. Saroo (1964) PLD Lab 451

(Also Additional Books, Journal Articles, Contemporary cases, materials form Websites will be discussed by the Course Teacher Concerned)