Muslim Family Law

Muslim Family Law

Meaning, Definition, Nature, Scope, Importance of Muslim Family Jurisprudence, Recent Trends and Changes in the Muslim Family Laws; Crime and Punishment in Islam, Rule of Law in Islamic Jurisprudence;

Sources of Muslim Personal Law, The Quran, The Hadith, Ijma or Consensus of Jurist’s Opinions, Qiyas (Analogical Reasoning), Concept of Ijtihad (Interpretation) and Mujtahid (Scholar of Islamic Law with Comprehensive Understanding of the Texts and Reality);

Different Schools’ Thoughts in Muslim Family Law and Reasons for Growth of their  Development;

Development of Muslim law in British India, Pakistan, Bangladesh, Legislative Developments and Judicial Decisions, Statutory Development of Muslim Law in Bangladesh, and Judicial Decisions, Development of Muslim Family Law in Bangladesh: Empowerment or Streaming of Women?

The Issues of Muslim Family Law, Marriage and Dissolution of Marriage, Restitution of Conjugal Rights, Dower and Dowry, Maintenance, Legitimacy, custody and guardianship of Children;

Family Court and Procedure, Nature and Scope of Family Courts Ordinance, 1985, Object of Establishment of Family Courts, Constitution of Family Courts, Competence and Jurisdiction of the Court, Trial Procedure, Pre-Trial and Post-Trial Conciliation, Adinterim Orders, Judgement, Decree, Appeal, Execution of Decrees;

Relevant Laws:

1. The Muslim Personal Law (Shariat) Act, 1937

2. The Dissolution of Muslim Marriages Act, 1939

3. The Child Marriage Restraint Act, 1929

4. The Muslim Family Laws Ordinance, 1961

5. The Muslim Marriage and Divorces (Registration) Act, 1974

6. The Dowry Prohibition Act, 1984

7. The Family Courts Ordinance, 1985

Books recommended:

1. Islamic Family Law in a Changing World: A Global Resource

Book by Abdullahi A. An-Na’im (Editor)

2. Muslim Family Law: A Sourcebook by Hodkinson, Keith, London, Croom

Helm, 1984

3. Muslim Family Law: A Sourcebook by Keith Hodkinson

4. Principles of Mohammedan Law by D.F Mullah

5. Digest of Mohammedan Law by N.B. Baillei

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

7. Mohammedan Law by F.B Tyabjee

8. Origin of Mohammedan Jurisprudence by J. Schact

9. The Philosophy of Islamic Jurisprudenceby Mahassani

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

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

12. Mohammedan Jurisprudence by Abdur Rahim

13. Muslim Law by Shawkat Mahmood

14. Mohammedan Law by Ameer Ali

15. Muslim Law by Sayed Khalid Rashid

16. Family Law in Islam by Arif Ali Khan

17. Women in Muslim Family Law by John L. Esposito

18. Muslim Women & Law by Archna Chaturvedi, 2004

19. Islamic Law: Myths and Realities by Denis J. Wiechman, Jerry D. Kendall, and

Mohammad K. Azarian

20. Cases in the Muhammadan Law in India, Pakistan and Bangladesh: Asaf

A. A. Fyzee (Edited) and Tahir Mahmood (Revised)

21. Development of Muslim Family Law in Bangladesh: Empowerment

Or Streaming of Women? By Ansur Rahman

http://www.asiaticsociety.org.bd/journals/Dec_2008/contents/AnisurRahman.htm

Leading Cases:

1. Abraham v. Abraham (1863) 9MIA 195

2. Narantakath v. Parakkal (1922) 45 Mad. 986

3. “Must. Rukia Khatun V/s Abdul Khalique Laskar” [ (1981) 1 G.L.R. 375]

4. Sri Jiauddin Ahmed V/s Mrs. Anwara Begum” [(1981) GLR 358]

5. Abdul Waheed v. Asma Jehangir (PLD 1997 Lah 331),

6. Khurshid Bibi v. Md. Amin (PLD 1967 SC 97)

7. Syed Ali Nayaz Gsrdezi V. Col. Muhammad Yousuf  PLD (1963)

8. Muhammad Hefzur Rahman V. Shamsur Nahar Begum 15 BLD 1994 34

9. Nelly Zaman V. Giasuddin Khan 34 DLR 1982 221

10. Hasina Ahmed V. Syed Abul Fazal 32 DLR 1980 294

11. Muhammad Bashir V. Gulam Fatima PLD 1963 Lahore 63

12. Ahmed Ali V. Sabha Khatun Bibi PLD 1952 Dhaka 385

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

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