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Family Law I · Unit 1

Sources, Schools, Marriage and Mehr under Muslim Law

Unit 1 of Family Law I (Muslim, Parsi and Christian Law; Indian Succession Act) (syllabus: Module 1 — Shariat Act 1937; sources and schools; nikah, kinds of marriage, iddat, muta, option of puberty, mehr). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.

What this unit covers

  • Why does an Indian court apply the Shariat at all, and what has since been read out of the section that tells it to?
  • Can a Hindu husband convert to Islam in order to take a second wife?
  • What must actually be proved before a court will hold that a nikah took place?
  • A Sunni man marries his wife's sister while the first marriage subsists. Is the second marriage void, or something less?
  • A girl married in infancy was subjected to intercourse before she turned fifteen. Has she lost the option of puberty?
  • Can a wife refuse to live with her husband until the prompt dower is paid, and what happens after consummation?
  • A widow is in possession of her late husband's property because her dower was never paid. Can the heirs turn her out, and can she sell?

Treat that list as a self-test: recite each topic's rule from memory before you open its cases.

Provisions

Leading cases

Full case summaries

Exam questions on this unit