BAHRIA UNIVERSITY ISLAMABAD CAMPUS

LLB-5 Fall 2019 Evaluation Scheme

Course Code: LLB 313 Quiz (5+5+5) 15 Marks

Total Contact Hours: 03 Hours Assignments: (10+10) 20 Marks

Total Credit Hours: 48 Hours Mid Term Exam: 25 Marks

Email: ____________________ Final Exam: 40 Marks

Tutor:

Zartasha Iqbal

ISLAMCI PERSONAL LAW – I

Course Description
Muslim Personal Law is the branch of private law. It deals with the matters relating to the
family life of a person like marriage, divorce, maintenance, etc and also with the matters
relating to the disposal of property like gift, wakf, testamentary (wills) or through inheritance
law. Though state is trying to increase its role by introducing various laws in it like Muslim
Family Law Ordinance, 1961 but most part of it is still un-codified all over the Muslim world.
This course introduces Muslim Personal Law in its historical context as well as its current
application in Pakistan.

Course Specific Objectives

 To develop the ability of critical analysis of family laws in the sub-continent.
 To study various changes brought by the law of the land in the classical Muslim law.
 To examine the application of the Muslim law.
 Course Outline

 Marriages
 Dower
 Dissolution of Marriage
 Iddat
 Maintenance
 Parentage-Legitimacy and acknowledge
 Guardianship of Person and Property
 The Child Marriage Restraint Act, 1929
 The Dissolution of Muslim Marriage Act, 1939.
 The Muslim Family Law Ordinance, 1961.
 West Pakistan Muslim Personal Law (Sharjat) Application Act, 1962.
 The Guardians and Wards Act, 1890 (only Ss. 7,8,12,25)
 Dowry and Bridal Gifts (Restriction) Act, 1976.

Course Breakup/Lecture Delivery Plan

Week 1 September 09-13

Lecture: 1

Introduction to the Subject

Lecture: 2

Marriage- Definition, Scope, Comprehension of the legal nature of marriage in

Islam, form of marriage.
 Presumption of marriage, Competence to contract marriage, Essentials of
marriage.

Suggested Readings:
Niazi, Dr. Liaqat Ali Khan, Muslim Law and Jurisprudence
Dr. Tanzelur Rehman, “Code of Muslim Personal Law” Islamabad, Tahkikati Islami,
1987.
Outlines of Muhammadan Law by Asaf A.A. Fyzee.

WEEK 2 September 16-20

Lecture: 3

Kinds of marriage – Valid Marriage, its essentials and effects.

Lecture: 4

Irregular Marriage, its essentials and effects.

Suggested Readings:

Niazi, Dr. Liaqat Ali Khan, Muslim Law and Jurisprudence

Dr. Tanzelur Rehman, “Code of Muslim Personal Law” Islamabad, Tahkikati Islami,
1987.
Outlines of Muhammadan Law by Asaf A.A. Fyzee.

WEEK 3 September 23-27

Lecture: 5

Void and Muta marriage, its essentials and effects

Lecture: 6

Prohibitions of marriage
 Permanent and Temporary Prohibitions

Suggested Readings:

Niazi, Dr. Liaqat Ali Khan, Muslim Law and Jurisprudence

Dr. Tanzelur Rehman, “Code of Muslim Personal Law” Islamabad, Tahkikati Islami,
1987.
Outlines of Muhammadan Law by Asaf A.A. Fyzee.

WEEK 4 September 30-OCT 04

Lecture: 7

Introduction – Muslim Family Law Ordinance, 1961 and its provisions relating to
marriage.

Provisions of MFLO, 1961relating to Registration of Marriage – Explanation and

Criticism

Lecture: 8

Provisions of MFLO, 1961 relating to Polygamy

Suggested Readings:

Niazi, Dr. Liaqat Ali Khan, Muslim Law and Jurisprudence

Dr. Tanzelur Rehman, “Code of Muslim Personal Law” Islamabad, Tahkikati Islami,
1987.
Outlines of Muhammadan Law by Asaf A.A. Fyzee.

WEEK 5 October 07-11

LECTURE: 9

(Quiz-1)
 LECTURE: 10

Child Marriage Restraint Act, 1929

Suggested Readings:

Niazi, Dr. Liaqat Ali Khan, Muslim Law and Jurisprudence

Dr. Tanzelur Rehman, “Code of Muslim Personal Law” Islamabad, Tahkikati Islami,
1987.
Outlines of Muhammadan Law by Asaf A.A. Fyzee.

WEEK 6 October 14-18

LECTURE: 11

Dowry & Bridal Gifts Restraint Act, 1976

Lecture: 12

Dower – Definition, Historical Perspective, Nature

Kinds – Prompt Dower

Suggested Readings:

Niazi, Dr. Liaqat Ali Khan, Muslim Law and Jurisprudence

Dr. Tanzelur Rehman, “Code of Muslim Personal Law” Islamabad, Tahkikati Islami,
1987.
Outlines of Muhammadan Law by Asaf A.A. Fyzee.

WEEK 7 October 21-25

LECTURE: 13

Deferred Dower
 Remission & Enhancement of Dower, Surety for dower, Effect of consummation,
Nature of dower debt & effect of non-payment

Lecture: 14
Quiz – 2

Suggested Readings:

Niazi, Dr. Liaqat Ali Khan, Muslim Law and Jurisprudence

Outlines of Muhammadan Law by Asaf A.A. Fyzee.
Dr. Tanzelur Rehman, “Code of Muslim Personal Law” Islamabad, Tahkikati Islami,
1987.

WEEK 8 October 28-Nov 01

LECTURE: 15

Provisions relating to dower in MFLO, 1961 – Effects & Criticism

Lecture: 16

Dissolution of Marriage – Meaning, Modes

Dissolution by Death

Dissolution by Act of Parties

Suggested Readings:

Nyazee, Imran Ahsan Khan, Outlines of Islamic Jurisprudence.

Outlines of Muhammadan Law by Asaf A.A. Fyzee.
Dr. Tanzelur Rehman, “Code of Muslim Personal Law” Islamabad, Tahkikati Islami,
1987.

WEEK 9 November 04-08

 (MID TERMS)

WEEK 10 November 11-15

Lecture: 17

By Husband – Talaq

Irrevocable form of Talaq

Lecture: 18

ILLA

Zihar

Dissolution By Wife

Suggested Readings:

Niazi, Dr. Liaqat Ali Khan, Muslim Law and Jurisprudence

Outlines of Muhammadan Law by Asaf A.A. Fyzee.
Dr. Tanzelur Rehman, “Code of Muslim Personal Law” Islamabad, Tahkikati Islami,
1987.
The Mussalman
WEEK 11 Waqf Validating Act, 1931 18-22
November

Lecture: 19

Dissolution with mutual consent

Lecture: 20

Dissolution by Judicial Process

 Suggested Readings:

Outlines of Muhammadan Law by Asaf A.A. Fyzee.

Dr. Tanzelur Rehman, “Code of Muslim Personal Law” Islamabad, Tahkikati Islami,
1987.

WEEK 12 November 25-29

Lecture: 21

Introduction – Dissolution of Muslim Marriages Act, 1939

Grounds of dissolution provided by DMMA, 1939

Lecture: 22

Grounds of dissolution provided by DMMA, 1939

Suggested Readings:

Outlines of Muhammadan Law by Asaf A.A. Fyzee.

Dr. Tanzelur Rehman, “Code of Muslim Personal Law” Islamabad, Tahkikati Islami,
1987.

WEEK 13 December 02-06

Lecture: 23

Grounds of dissolution provided by DMMA, 1939

Lecture: 24

Grounds of dissolution provided by DMMA, 1939

Suggested Readings:

Outlines of Muhammadan Law by Asaf A.A. Fyzee.

 Dr. Tanzelur Rehman, “Code of Muslim Personal Law” Islamabad, Tahkikati Islami,
1987.

WEEK 14 December 09-13

Lecture: 25

Remarriage of same parties after divorce

Iddat

Lecture: 26

Quiz – 3

Suggested Readings:

Outlines of Muhammadan Law by Asaf A.A. Fyzee.

Dr. Tanzelur Rehman, “Code of Muslim Personal Law” Islamabad, Tahkikati Islami,
1987.

WEEK 15 December 16-20

Lecture: 27

Maintenance – Maintenance of children

Lecture: 28

Maintenance – Maintenance of Parents

Maintenance – Maintenance of other relations

Suggested Readings:

Niazi, Dr. Liaqat Ali Khan, Muslim Law and Jurisprudence

Outlines of Muhammadan Law by Asaf A.A. Fyzee.
Dr. Tanzelur Rehman, “Code of Muslim Personal Law” Islamabad, Tahkikati Islami,
1987

WEEK 16 December 23-27

Lecture: 29

Provisions relating to maintenance provided by MFLO, 1961

Lecture: 30

Revision for Final Exam

Suggested Readings:

Dr. Tanzelur Rehman, “Code of Muslim Personal Law” Islamabad, Tahkikati Islami,
1987

Supplementary Readings
 Mannan, Dr. M.A’; “D.F.Mullah’s Principles of Mohammadan Law” Lahore,
PLD Publishers, 1991.
 Peral, David; “A test Book on Muslim Personal Law” London, Croom Helm,
1972, 2nd edition.
 Dr. Tanzelur Rehman, “Code of Muslim Personal Law” Islamabad. Tahkikati
Islami, 1987.
 Family Laws in Pakistan by Dr. Tahir Mansoori
 Muslim Family Laws by Ch. Saghair Ahmed.
 Outlines by Muhammadan Law by Asaf A.A.Fyzee

Good Luck for your

FINAL EXAMINATION