Syllabus 202

© Khandker Tasnuva Haque, SoL, BRAC University
School of Law
LAW 202: Muslim Family Law and Reforms
Summer 2017
Class Room: UB 30201
Class Meeting Time: Sunday and Tuesday 2:00 pm to 3:20 pm
Course Instructor: Khandker Tasnuva Haque

Office: UB40503
E-mail: [email protected]
Credit Points: 3
Office Hours:
Normal consultation hours are available for student, which will be affixed outside the office
room’s door. In addition, students can also walk in for consultation when the course instructor is
available in her office.
I. Rationale:
A law student is expected to know all the basic governing laws of the country. Muslim law is
considered one of the major governing laws due to its application on majority of people. The
knowledge on this subject will develop students understanding on the application process of the
law in family dispute settlement. This law will provide a better understanding on family disputes
and give an overall idea on its different legislative instruments. A clear understanding of existing
governing provision will help students to get the idea on possible necessary reforms and
practices.
Different area of Muslim family law and its reforms will aid students to pursue their planning to
become a practicing lawyer and they can apply the law in practical scenario. This course can also
aid students to prepare themselves for giving exam in Bangladesh Judicial Service entrance
examination, as it is included in the syllabus.
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This course is relevant to some elective courses in law school. Such as: LAW 352: Succession,
Social Policy and Law Reforms.
II. Course Aims and Outcomes:
Aims
The course aims at providing:
a) Clear understanding on the overall governing laws relating to Muslim family issues.
b) Reasonable understanding on how a disputes need to be addressed with reference to specific
legal obligation and case observation.
c) Specific observation on different legal provisions and its possible need of reform (if any).
d) Clear and overall knowledge to the students, who are thinking of a career in the judiciary, as
the syllabus of this course is included in the syllabus for Bangladesh Judicial Service
Commission’s Entrance Examination. Students should find it useful
e) Understanding and analytical skill required by practicing lawyer, for the students who wants
to pursuit their career as a lawyer.
Specific Learning Outcomes:

It is expected that by the end of this course, students will be able to
a) Identify and conceptualize different issues relating to different legislations on Muslim family
laws.
b) Evaluate the major issues and identify the possible reforms.
c) Analyze and evaluate legal cases.
d) Solve different practical issue with reference to the prescribed legislations and cases.
e) Justify their reasonable argument on the basis of procedural and substantive law relating to
Muslim family disputes.
III. Format and Procedures:

The classes will be conducted mainly through delivering lectures. In addition, some other
teaching methods will be used. Such as: interactional sessions, PowerPoint presentations, Case
presentation and many more. Students are expected to participate in the class positively and
share their legitimate views and opinions in the class. Constructive participations will be
appreciated. A respectful relation between students and teacher is expected in the class. Students
are allowed to ask questions by raising their hands. However, unnecessary interruption with the
aim of disturbing the whole class is not accepted. Students will be appreciated for their positive
and constructive discussion. Students can play their participatory role by giving presentation on
cases and many more. Considering different areas of the course and student’s need, the teaching
method will be varied time to time. Students are encouraged to revise their earlier classes topics
as review questions can be asked to them with can add in the class participation mark.
IV. My Stance
Education is a wide area where students should not kept them confine to a particular course
outline. The consultation hours are available for students who want to ask any question relating
to the subject although not covered in the class. This will work as a learning process for both the
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teacher and the students. So, a positive learning process should always be appreciated.
Nevertheless, considering the syllabus and mark distributions, students should prepare
themselves for achieving good results which will be an indication of both teachers’ and student’s
collective success.
V. Course Requirements: Students are required to read and understand the legislations
properly. Only memorizing will not help student to get desired grade or outcome. Cases and
legislations are the main basic of the course. At the beginning of each days lecture students are
requested to read their previous lesson. This will help them to ask any further question and also
to relate them with new topics.
1. Class attendance and participation policy: BRAC University’s policy would be strictly
adhered to, which provides inter alia that a student attending less than 70% of the total classes
must not be allowed to sit for the final examination. Students are requested to note that as per the
policy of BRAC University, any students entering the classroom after 10 minutes from the
beginning of the class would miss the attendance.
2. Course readings:
(a) Required text:
A. Fyzee, ed., Outlines of Muhammadan Law (Delhi:Oxford University Press, 5thed, 2008)
A. K. M Moniruzzaman, Farayez Ain (Muhit Publications, 3rd ed, 2010)
D. Pearl, &Werner Menski, eds, Muslim Family Law (London: Sweet &Maxwell, 3rd ed, 1998)
D.A. Pearl, Textbook on Muslim Law (London: Croom Helm, 1979)
J. Schacht, An Introduction to Islamic Law (Oxford: Oxford University Press, 1982)
M. Hidaytullah and Arshed Hidayatullah, Mulla’s Principle of Mohamedan Law (LexixNexis,
19th ed, 1990)
Md. Joshim Uddin, Islamic Jurisprudence and Muslim Ain (Joshim Publication, 1st ed, 2014)
Obaidul Huq Chowdhury, Hand Book of Muslim Family Laws (Dhaka Law Reports, 6th ed,
2005)
V.P. Bhartiya, Syed Khalid Rashid’s Muslim Law (Eastern Book Company, 5th ed, 2009)
(b) List of Legislations:
a. Family Courts Ordinance, 1985
b. Muslim Family Laws Ordinance, 1961
c. Muslim Marriages and Divorces (Registration) Act, 1974
d. Dissolution of Muslim Marriages Act, 1939
e. Child Marriage Restraint Act, 2017
f. Muslim Marriages and Divorces (Registration) Rules 1975
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g. Dowry Prohibition Act, 1980
h. The guardians and Wards Act 1890
(c) Background readings

If required, additional materials will be provided to the students in the class.
VI. Grading Procedures:

(a) Attendance (5%)
(b) Case Summary (5%)
(b) Mid Term Exam (20%)
(b) Quiz (Two quizzes (10+10) = 20%)
(c) Assignment (10%)
(d) Final Examination (40%)
VII. Academic Integrity

Each student in this course is expected to abide by the BRAC University Code of Academic
Integrity. Any work submitted by a student in this course for academic credit will be the
student's own work. [Optional: For this course, collaboration is allowed in the following
instances: list instances.]. Also refer to plagiarism policy that will be on the web.
You are encouraged to study together and to discuss information and concepts covered in lecture
and the sections with other students. You can give "consulting" help to or receive "consulting"
help from such students. However, this permissible cooperation should never involve one student
having possession of a copy of all or part of work done by someone else, in the form of an e-
mail, an e-mail attachment file, a diskette, or a hard copy.
If copying occurs, both the student who copied work from another student and the student who
gave material to be copied will both automatically receive a zero for the assignment. Penalty for
violation of this Code can also be extended to include failure of the course and University
disciplinary action.
During examinations, you must do your own work. Talking or discussion is not permitted during
the examinations, nor may you compare papers, copy from others, or collaborate in any way.
Any collaborative behavior during the examinations will result in failure of the exam, and may
lead to failure of the course and University disciplinary action.
VIII. Accommodations for students with disabilities

I am available to discuss appropriate academic accommodations that may be required for student
with disabilities. Requests for academic accommodations are to be made during the first three
weeks of the semester, except for unusual circumstances, so arrangements can be made. Students
are encouraged to register with Student Disability Services to verify their eligibility for
appropriate accommodations.
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IX. Tentative Course Schedule

Topic 1: Sources of Muslim Law
Topic 2: Family Courts Ordinance 1985 (The procedural law for family disputes)
Topic 3: Chapters on Marriages (Different rights, obligations and nature of marriages)
Topic 4: The Dissolution of Muslim Marriages Act 1939
Topic 5: Muslim Marriages and Divorces (Registration) Act 1974 and Muslim Marriages and
Divorces (Registration) Rules 1975
Topic 6: Muslim Family Laws Ordinance 1961 (Topic such as: maintenance, talaq, dower,
polygamy etc will be covered)
Topic 7: Relevant Judgments (Case analysis, discussion and presentation)
Topic 8: Different concepts relating to Muslim marriage and restitution of conjugal rights
Topic 9: Different concepts relating to dower and maintenance (Includes: case discussion)
Topic 10: Discussion on dissolution of marriage
Topic 11: Concept of will and heba and its application
Topic 12: Guardianship and Custody of Children, the Guardians and Wards Act 1980
Topic 13: Dowry Prohibition Act 1980
Topic 14: Child Marriage Restraint Act 2017 (Different features of this legislation)
Topic 15: Brief overview on the law of succession under Muslim law (Additional Topic)
Considering the need, interest and other convenience of the students some topics may be added
later in this schedule.
X. Additional Resource Readings & Web Links

To download different forms please visit this official website:
http://www.dpp.gov.bd/bfpo/index.php/document/forms/103/order/80
Inheritance calculator:
http://inheritance.ilmsummit.org/projects/inheritance/home.aspx
**If required, additional resources will be provided in the class and will be uploaded in the
server later.

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© Khandker Tasnuva Haque, SoL, BRAC University

Course Instructor: Khandker Tasnuva Haque

Specific Learning Outcomes:

III. Format and Procedures:

(a) Required text:

(c) Background readings

VI. Grading Procedures:

VII. Academic Integrity

VIII. Accommodations for students with disabilities

IX. Tentative Course Schedule

X. Additional Resource Readings & Web Links

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