5 FAMILY LAW 677 The prophetic character of Muhammad is Muslim and subject to Muslim law. 3 A person who professes to be Muslim shall be considered a Muslim until proven otherwise. Therefore, professing Islam is sufficient; Exercise is not necessary. A completely non-religious person (for example, someone who does not perform Namaj or fast during Ramzan) may be considered Muslim. However, presumption will not suffice, nor will a color conversion 4 or fraudulent 5. Hindus and Muslims are subject .dem to Hindu law or Islamic law as amended by law. Every church in India has its own family law. It is easy to support this claim with regard to the Hindu and Muslim communities. But when you engage with other communities like the Parsis, Christians, and Jews, the difficulties begin to creep in.
These communities do not really have their own integrated legal system. Only a few branches of their family law are codified. With regard to matters not covered by the law, it is easy to say that they are not subject to any legal system other than to indicate the law applicable to them. To say that they are subject to the common law or the common law will be too vague to be helpful. In India, Indians or any other community have nothing comparable to the common law in the sense that the term is generally understood. Customs abound in India and it is its abundance that still confuses things. The Parsis came and settled in India as a result of their persecution in their homeland. Very few British or European Christians came to India to settle here, but a large number of Christian missions succeeded in converting some Hindus and Muslims to Christianity. And more often than not, it is these people (i.e. the first converts and their descendants) who make up the Christian community in India.
In addition, there are the Anglo Indians. It seems that the word «Parsi» has both a religious connotation and a racial meaning. Indian Parsis belong to the Zoroastrian faith and, in this sense, Parsi and Zoroastrians are synonymous in India. In modern India, Parsi law applies to the following three groups of people: (a) persons who are descendants of the first Persian emigrants and were born to Zoroastrian parents, (b) persons whose father is (or was) a Parsi and whose mother is a foreigner but is admitted to the Zoroastrian faith, and (c) Zoroastrians of Iran, 3rd Ameer Ali, ΠMahommedan Law, 5th ed., p Skinner v. Orde (1871) 14 MIA Khambatta v. Khambatta AIR 1934 Bom. 93 and Ali Nawaz v. Mohammed YusufPLD (1963) SC Phiroze K. Irani, «The Personal Law of the Parsis of India», Anderson (ed.), Family Law in Asia and Africa, 1968, p. 273, p.
286. See also SirDinshawM. Petit v. Sirjamsetji Jijibbai (1909) 11 Bom. LR 85-128 and Jamsbed Irani v. Banu Irani (1967) 68 Bom LR 794. Marital composition and the role of women. (d) Factors affecting the family: demographic, environmental, religious LL.B Part II (FIRST SEMESTER) LABOUR — I FAMILY LAW — I (HINDU LAW) M.M. 100 (1) Hindu Marriage Act, 1955.
(2) Hindu Succession Act, 1956. (3) Hindu Minority and Guardianship Act 1956. (4) Hindu Adoption and Maintenance Act, 1956 The above laws and the following subjects are prescribed for study:(1) (2) (3) Marriage and kinship a) Development of the institution of marriage and family. (b) The role of new trials and religious practices in the development of the rules governing the rules governing marriage. (c) types of families. (d) Matrilineal ancestry (e) matriarchal (f) number of matrimonial entities — nuclear, extensive, common and compound. g) New concepts: Maitri Sambandh and shared house. Structure of authority — patriarchal and customary and State regulation (a) Polygamy. (b) Concubine.
(c) Child marriage (d) Sati. (e) Dowry. Conversion and its impact on the family. (a) marriage. (b) Adoption. (c) Guardianship. (d) Succession. (4) Sources of Hindu law, schools of Hindu law, Hindu common family. 5) The family and its changing fashions a) New emerging trends. 1 (b) Attention to family ties. (c) Women in employment and their impact on marital relations: composition of marital status and the role of women.
(d) Factors influencing the family: demographic, environmental, religious and legislative. (e) The process of social change in India: Sanskritization, Westernization, secularization, universalization, provincialization, modernization, industrialization and urbanization. (6) Manager or Karta of the common Hindu family. (7) Pious obligation (8) Division (9) Women`s property (10) Stridhan (11) Wills (12) Gifts (13) Debts (14) Maintenance (15) Coparcenarian (16) Inheritance Principled causes (1) Smt. Rukhma Bai v. Lala Laxminai-ayan and others RIAs (1960) Sc.335 (2) Luhari Amritlal Nagji v. Jayantilal Jethalal et al. AIR (1960) S.C.964. (3) Abhiraj Kunwar v.
Davendra Singh AIR 1962 SC 351 (4) Mullesappa Bandeppa Desai and another v. Desai Mellappa alias Mallesappa, A.I.R. 1961 S.C. 1268. Recommended Books (1) Paras Diwan — Hindu Law (1985) (2) S.T. Desai — Mulla Hindu Law Principles (1998) Butterworths India. (3) Paras Diwan — Family Law: Law of marriage and divorce in India (1984). (4) A.M. Bhattachargee Hindu Law: Past and Present.
(5) Paras Diwan — Adoption, Ministry, Guardianship and Custody Act (2000) Universal. (6) J.D.M Derrett — Hindu Law: Past and Present. (7) J.D.M Derrett — A critique of modem Hindu Law 2 LL.B Part II (FIRST SEMESTER) PAPER — II FAMILY LAW — II Mohammedan Law with Family Courts Act, The Muslim Women (Protection of Rights on divorce) Act 1986 and Special Marriage Act 1954. M.M. 100 (1) Muslim Shariyat Act, 1937. (2) Muslim Marriage Dissolution Act 1939. (3) Family Court Act, 1984. (4) Muslim Women (Protection of Rights in Case of Divorce) Act 1986 Case Investigation — Mohd.
Ahmad Khan v. Shah Bano A.IR 1985 S.C.945 (5) Special Marriage Act 1954. The above laws and the following topics are prescribed for study: (1) Conception, origin and development of Muslim law. (2) Sources of Muslim law. (3) Schools of Muslim law. (4) Conversion to Islam. (5) Marriage. (6) Dowage. (7) Divorce.
(8) Ancestry, legitimacy and recognition. 9) The law of age and guardianship. (10) The right to maintenance. (11) The law of gift and will. (12) The Waqf Law in India. (13) Death transactions — lit. (14) Right of first refusal. (15) Inheritance and administrative law. (16) Inheritance. (17) Uniform Civil Code — necessity. (a) Religious pluralism and its implications. 3 (b) Connotations of the Directive in Article 44 of the Constitution.
(c) obstacles to the drafting of the Uniform Civil Code. (d) The idea of an optional uniform civil code. Landmark cases (1) Maina Bibi v. Chowdhari Vakil Ahmad 30 CWN 673 (PC) A.I.R (1925) PC 63. (2) Mohd. Aladad Khan vs. Mohd. Ismail Khan. — ILR 10 Alld.
289 (Mahmood J. only). (3) Janjira Khatoon v. Mohd. Fakrulla, ILR 49. Calcutta 477 AIR 92 Cal. 429. (4) Kappor Chand. Vs Kida Nisha Air 1953 5 C 413 Recommended Books (1) A.A.A Fyzee — Overview of Muslim Law (2) A.M.
Bhattachargee — Muslim Law and the Constitution (1994) Eastern Law House, Calcutta. (3) The Mohammedan law of Mulla. (4) Family Courts Act, 1984. (5) Muslim Women (Protection of Divorce Rights) Act 1986. (6) Special Marriage Act, 1954. 4 LL.B Part II (FIRST SEMESTER) DOCUMENT — III Indian Legal and Constitutional History M.M. 100 (A) Indian Legal History (1) (a) Charter of 1726 (2) Diwani Grant. (3) The Statutory Act, 1773. (4) The Settlement Act of 1781. (5) Charter of 1774 and establishment of the Supreme Court in Calcutta, Bombay and Madras. (6) Some notable cases — (7) (b) Charter of 1753 (The Mayors Court) (a) Issue of Raja Nand Kumar (1775): (b) The Patna Affair (1777-79).
(c) The Cossijurah case (1779-80) Judicial reform (a) Judicial reform by Warren Hasting. (b) Cornwallis judicial reforms. (c) Sir John Shore`s reforms. (d) Lord Wellesley`s reforms. (e) Lord Minto`s reforms. (f) Reforms of Lord William Bentick. (g) Amherst judicial reform.