Professional Documents
Culture Documents
Islamic Family Law
Islamic Family Law
Islamic Family Law
FACULTY OF LAW.
CLASS: LLB II
SEMESTER: ONE
PROGRAM: LLB II
LEVEL: Undergraduate
INSTRUCTORS:
COURSE DESCRIPTION
1. The administration of Muslim Personal Law in Uganda as enshrined in Article 129 (1) (d)
of the Constitution.
2. The Family System in law in Islam as compared to Common law System.
3. Formation and dissolution of marriage in Islamic law.
4. The concept of polygamy in Islam, the rationale and the misconceptions.
5. Children, custody, adoption and family property.
6. The course also introduces the students to the principles of Islamic inheritance and the
laws of succession.
COURSE OBJECTIVES
1
3. To compare the secular/ Common and Islamic Law approaches towards Domestic
Relations Laws
The course will be conducted through lectures, discussions, moots and presentations. Each
student shall have an opportunity to make at least one presentation during the course and the
class will be expected to respond by critically evaluating the presentation made. During the
presentations, student contributions individually and collectively will be assessed by the tutor in
order to develop their individual and team skills in applying their knowledge to the problem in
question.
*This course outline is a guide to the reading materials but not exhaustive of the research work
expected of the students.
COURSE ASSESSMENT
The examination will consist of course work 30% and the final written examination of 70%.
2
COURSE STRUCTURE AND READING LIST
3
No. 39 of 2011).
1. Definition, meaning and perception of Abdullah Yusuf Ali, Translation of the Holy Quran, Kutub
Marriage.Q- 30:21. Rhana Ishsratul Islam, India 1996.
2. Preliminaries to marriage in Islam.
Bukhari Sahih, especially Kittab Al Nikah’ (Book of
-Selection of a partner. Marraiage).
- The marriage proposal. C.M Shafqat (1986). The Muslim Marriage, Dowry &
Divorce, Lahore Shah Press.
3. Nikah, (Marriage contract) and its nature.
4. Essential Conditions of a Marriage contract. Usamah Umar Alshaqar (2000), Mustajidaat fil Qadhaya
Al Zawaj (Urdun); Dar AL Nafis
-the marriage partners, age and prohibited
degrees of marriage. Q-2:221, 4:23.
4
-offer & acceptance.
-witnesses
-Obedience Quran 4:34 Usamah Umar Alshaqar (2000), Mustajidaat fil Qadhaya
Al Zawaj (Urdun); Dar AL Nafis.
-House management Q 4:34
Abdul Rahman Doi; Sharia: (1984), The Islamic Law,
4. Joint Rights.
Taha Publishers, London.
-Right to fidelity, chastity and self-respect
-Right to conjugal enjoyment Roshash (2013), A Glimpse on some issues in the Islamic
-Right to fair and kind treatment Law Viewpoint, Falah Publishing House, Mnazi Mmoja-
5. Maintenance of the wife Zanzibar.
6. Condition for maintenance
7. Loss of the right to maintenance
1. Background and reason-ending of Abdul Rahman Doi; Sharia: (1984), The Islamic Law,
unsuccessful marriage to prevent future Taha Publishers, London.
trouble like domestic violence and harm to
Abdullah Yusuf Ali, Translation of the Holy Quran, Kutub
either parties.
Rhana Ishsratul Islam, India 1996.
2. Definition of divorce
Bromley’s Family Law (1981), Butterworth & Co.
5
3. Quranic Authority on divorce Q 65:1 Publishers Ltd.
4. Grounds for divorce
Bukhari Sahih, especially Kittab Al Nikah’ (Book of
- Long absence of a spouse
Marraiage).
- Failure to provide for the wife
- Chronicle disease C.M Shafqat (1986). The Muslim Marriage, Dowry &
- Mistreatment Divorce, Lahore Shah Press.
- Deceptive representative
Commission of Ottoman Jurists (1867-77), Majjalat Al
- Etc
Ahkam Al-adliyyah
5. Conditions of a valid divorce
- Capacity Jamal Nasir (1986), The Islamic Laws of Personal Status,
- Free consent London: Scorpions Publishers.
- Clear intentions
Muhammad Iqbal Siddiq (1994). The Family Laws of
6. Timing of divorce
Islam, Lahore; Kazi Publications.
7. Procedural steps to divorce
- Careful analysis of the marital problem Neil Baille (1965), Digest of Mohammed Law, Lahore
- Disciplinary action Q 4:33, 4: 34, 4: 35, Premier Book House.
- Kind counsel Usamah Umar Alshaqar (2000), Mustajidaat fil Qadhaya
- Temporary abandonment in bed Al Zawaj (Urdun); Dar AL Nafis.
- Symbolic beating
- Llaa Q 2:226
- Family arbitration and counsel
- Divorce
8. Kinds of Divorce
-According to attribute
- According to effect
9. According to attribute;
- Talaq Sunni
- Talaq Bidi’i
6
-Quranic authority 2:229
-Haidth of Thabit Ibn Qays
-Procedure
-Legal Consequences
Read the case of Mifumi v Attorney General
Constitutional Appeal No. 2 of 2014.
12. Lian Q: 24: 6-7.
- Definition and its implication.
13. Zihar, its implication and legality.
Q 58:1-4, the case of Khawla bint Thalabah.
1. Definition and meaning. Abdullah Yusuf Ali, Translation of the Holy Quran, Kutub
2. Purpose Rhana Ishsratul Islam, India 1996.
3. Kinds;
C.M Shafqat (1986). The Muslim Marriage, Dowry &
- By course Q 2: 228
Divorce, Lahore Shah Press.
- By months Q 65:4, 2: 234
- BY delivery Q 65:4 Muhammad Iqbal Siddiq (1994). The Family Laws of
4. Rights and Obligations during the iddah Islam, Lahore; Kazi Publications.
period.
Usamah Umar Alshaqar (2000), Mustajidaat fil Qadhaya
5. Provision after divorce (Alimony/ mataa’)
Al Zawaj (Urdun); Dar AL Nafis.
Quran 2: 241, 65:6, 33: 49, 2:236.
-the parting gift
-long maintenance for the wife until
reunion
-Nature of mataa/
7
Case law. Islam, Lahore; Kazi Publications.
Uganda v John Eduku ([1975] HCB 359) Usamah Umar Alshaqar (2000), Mustajidaat fil Qadhaya
Al Zawaj (Urdun); Dar AL Nafis.
Alai v Uganda ([1967] EA 596)
8
- Women’s right to inheritance Mabaahiith Al-Faradhiyyah, Madina Islamic University.
3. The Peculiarity of Islamic laws of inheritance
Coulson N.J (1971), Succession in the Muslim Family,
4. Liability on the deceased’s property
London: Cambridge University Press.
5. Conditions for inheritance
6. Grounds for inheritance Majisul Ulama of South Africa (Port Elizabeth), Kitaabul
7. Impediments to inheritance Meerath; The Book of Inheritance, Young Men’s Muslim
8. Legal heirs Association, South Africa.
9. The shares of heirs
Mohamed Mustafa Ali (1989), Islamic Law of
- Due to blood ties
Inheritance: A new Approach, New Delhi.
- Due to marital ties
10. The heirs Sowed Juma Mayanja (2012), The Islamic Law of
11. The shares of the heirs Successin, A Practical Guide: Falah Publishing House,
12. Distribution of estate to the eligible heirs. Mnazi Mmoja- Zanzibar.
CASES.
NOTE:
For further reading, students are advised to access the internet for relevant and current legal
issues on the related topics.
*Websites like Ulii.org have a good number of cases of precedential value to Islamic Family law.
Other cases will be given in class as per topics.