Muslim Marriage under Muslim Law: Nature, Essentials & Legal Implications Meaning and Nature of Muslim Marriage The Arabic word “Nikah” literally means union of sexes, but in law, it refers to marriage. According to Baillie’s Digest, marriage is “a contract for the purpose of legalising sexual intercourse and procreation of children.” As per Ameer Ali, it is an institution for the protection of society and a shield against unlawful desires. Abdur Rahim describes Muslim marriage as having both the nature of ‘Ibadat (devotion) and Muamalat (dealings). In the landmark case Abdul Kadir v. Salima (1886), Justice Mahmood observed: “Marriage among Muhammadans is not a sacrament but purely a civil contract.” Yet, Prophetic traditions (Ahadith) add a spiritual dimension: • “He who marries completes half of his religion.” • “Three persons Allah helps: one who marries to safeguard chastity…” Thus, while contractual in form, Muslim marriage also has religious value. Essentials of a Valid Muslim Marriage 1. Proposal (Ijab) and Acceptance (Qubul) must be made in one sitting. 2. Both parties must be sane, adult (baligh) and capable of contracting. 3. Free consent of the parties is essential. 4. In Sunni law, two male or one male and two female witnesses must be present. 5. No religious rituals or written documentation are mandatory, though Kabinama (marriage deed) is often used. Capacity for Marriage • Puberty (usually presumed at 15 years) marks the age of majority in Muslim law. • Governed by personal law, not the Indian Majority Act, 1875. • However, the Prohibition of Child Marriage Act, 2006 applies—marriage under 18 (girls) and 21 (boys) is voidable, not void. Option of Puberty (Khyar-ul-Bulugh) A minor married by a guardian can repudiate the marriage upon reaching puberty if: • Marriage occurred before 15, • Repudiation is done before 18, • Marriage is not consummated. This right is protected under the Dissolution of Muslim Marriage Act, 1939. Legal Effects of Valid Marriage 1. Sexual intercourse becomes lawful 2. Children are legitimate 3. Wife entitled to dower (mahr) and maintenance 4. Husband gains right to restrain wife’s movement reasonably 5. Mutual inheritance rights arise 6. Iddat becomes mandatory upon divorce/death 7. Any agreements in the Kabinama are enforceable 8. No right in each other’s property 9. Marriage gives rise to affinity prohibitions Types of Muslim Marriages Sunni Law • Valid (Sahih) – fulfills all legal conditions • Void (Batil) – prohibited by consanguinity, affinity, or fosterage • Irregular (Fasid) – temporary bars like no witnesses, interfaith, during iddat, etc. Shia Law • Marriage is either Valid or Void; no category of “irregular”. Prohibited Marriages A. Absolutely Prohibited (Void/Batil) • Blood relations (e.g. mother, sister) • Affinal relations (e.g. wife’s daughter) • Foster relations (e.g. foster-sister) B. Relatively Prohibited (Irregular/Fasid) • Polygamy exceeding 4 wives • Marrying a woman in iddat • Marrying without witnesses (Sunni law) • Interfaith marriages (Muslim woman with non-Muslim is void; Muslim man with non-Kitabia is irregular) C. Prohibitory Incapacity • Polyandry (woman marrying second time while first husband lives) • Marriage of Muslim woman with non-Muslim man • Marriage of minor without guardian’s authority D. Directory Incapacity • Marrying pregnant woman by another man • Marriage during pilgrimage (Ihram state) • Marriage with a terminally ill person Legal Conditions in Marriage (Kabinama) Valid Conditions: • Husband to maintain wife • Prevent second marriage • Fix place of residence • Delay consummation • Stipulation for divorce on misconduct Illegal Conditions: • Wife living permanently with parents • Pre-agreement for divorce • Binding husband not to divorce • Denial of inheritance rights or maintenance Guardianship (Jabr) Under Sunni law, marriage of a minor can be contracted by: 1. Father 2. Grandfather 3. Male relatives 4. Mother 5. Maternal relatives 6. State Under Shia law, only father and grandfather can act as guardians. Conclusion: Muslim marriage is more than a civil contract. It is a legal, social, and spiritual bond governed by both Shariah and personal law statutes in India. While it contains contractual elements, its religious essence cannot be denied. Start Your Preparation with TOA At Theory of Abrogation, we equip you with everything you need: •Subject-wise expert classes •Mock test series •Legal current affairs •Personalized mentorship for interview preparation “Your law degree is your foundation, but your preparation is what will build your success.” Join Our New Batch Now! Prepare smart. Prepare with Theory of Abrogation. Contact Us: 📍 B-109, Commercial Complex Dr. Mukherjee Nagar, Delhi-09 📞 +91 9971399324 | +91 8840961324 📧[email protected]
Author: toahostinger
Most Important Questions of Code of Civil Procedure, 1908 for Mains Judiciary 1. Define the followings: a. Decree-holder b. Legal representative c. Judgement-debtor d. Mesne profits e. Public officer 2. How will you introduce CPC to a new law student? 3. What do you understand by the pecuniary jurisdiction of a court? Will a court be competent to hear a suit exceeding , limits if the parties to the suit have given their consent? 4. Define decree. And which orders are not included in the definition of decree. Are the following orders are decree: a. an order dismissing a suit in default b. an order imposing cost c. an order rejecting the plaint 5. Distinguish between a. Decree and order b. Preliminary decree and final decree c. Illegal decree and void decree d. Decree and judgement e. Judgement and order 6. What is preliminary decree and in what cases such decree is passed? Can two preliminary decree be passed in a suit? Can two final decrees be passed in one suit? 7. What do you understand by a ‘suit of a civil nature? 8. What is meant by jurisdiction of a civil court? 9. How will you decide that a suit is of a civil nature? Are the following suits of civil nature: (i) Right to take out religious procession. (ii) Right to franchise (iii) Right of Pardanasheen lady to observe Parda (iv) Contribution of fund for holding festival. (v) The right of priest to worship in the temple. (vi) Expulsion of a member from his caste. (vii) Suits for specific relief (viii) Suits for dissolution of partnership 10. What is res judicata? Discuss the conditions necessary for its application in legal proceedings. Whether the principle of res judicata applies between two stages in the same litigation? Whether the provisions contained in the code of civil procedure are exhaustive ? Whether the principle of res judicata applies to execution proceedings? When a judgement operates as res judicata between co-defendants? 11. Write the differences between the followings: •res judicata and estopple, •res judicata and res subjudice, •res judicata and constructive res judicata 12. What do you understand by the principle of ‘conclusiveness of judgement is a rule of estoppel’? 13. What is doctrine of res sub judice as provided in section 10 of Code of Civil Procedure ? When can this doctrine be applied ? 14. A litigant filed a complaint before the Bar Council of Delhi against his advocate alleging negligence. This complaint was dismissed. Aggrieved against dismissal order of State Bar Council, A filed revision before Bar Council of India. This revision was also dismissed on merits by speaking order. Subsequently, A filed a civil suit for damages based on negligence of B. If decision of Bar Council of India will operate as resjudicata in this suit? Discuss the law and decide with reasons. (DJS 2006) 15. B and ‘S’ were defendants in a suit filed on the original side of the High Court for recovery of possession of the suit property. The suit was dismissed by the Single Judge and the Plaintiff carried an appeal to a Division Bench. In the appeal, both ‘B’ and ‘S were respondents. The Division Bench allowed the appeal. AS respondents before the Division Bench, both B’ and “S’ were aggrieved by the decree against them. “B1, the present Appellant, filed an SLP and thereafter ‘S’ also filed an SLP. Both in the matter of filing the SLP and granting of leave, ‘B’s appeal was prior. The appeal filed by ‘S was dismissed for default for non-removal of office objections.It was contended by the Respondent-plaintiffs before theSupreme Court that inasmuch as the appeal filed by ‘S’ was dismissed by the Supreme Court for non-prosecution, thejudgment of the Division Bench of the High Court would operate as res judicata. It was urged that the judgment and decree had become final against ‘B and all other defendants in the original suit. It was further contended that even otherwise the appeal should be dismissed as it may result In conflicting decrees. That is, if the present appeal’ were allowed, resulting in setting aside the decree or making any modification thereof,It would result in the anomalous situation of there being conflicting decrees between the same parties, arising out of the same cause of action.Whether the plea of the Respondent-plaintitts that principles of res judicata will apply to bar the appeal as not tenable?(DJS 2007) 16. The legislature and judiciary have taken several steps to reduce multiplicity of suits and harassment of defendants again and again under Civil Procedure Code, 1908. Discuss the above statement with reference to sections 10, 11, 12 and Order 2 rule 2 of the Civil Procedure Code, 1980. 17. What is a foreign judgement under what circumstances is it conclusive when and how a decree of any foreign court can be executed in India ? 18. Enumerate the provisions by which place of Suing is determined under CPC. And discuss those provisions of Civil Procedure Code which are applied in determination of forum for filing a suit relating to immovable property. 19. ‘A’ is a tradesman in Calcutta. ‘B’ carries on business in Delhi. ‘B’ by his agent in Calcutta, buys goods of ‘A’ and request ‘A’ to deliver them to the railway. ‘A’ delivers the goods accordingly in Calcutta. At what place ‘A’ can sue ‘B’ for the price of the goods? (RJS 1986) 20. Under what conditions, the objection as to the place of suing can be allowed by any appellate or revisional court? 21. A supplied goods at Mumbai to a company having its principal office at Mumbai and branch offices throughout the country, including Delhi. Since B failed to pay the price of the goods, A filed a suit in Delhi, for recovery of price of goods, on the ground that B was also carrying on business at Delhi and therefore Delhi Court also had jurisdiction to try the suit. Decide. (DJS 2005) 22. A resides at Shimla….
Schools of Muslim Law (Madhahib): An In-Depth Overview: •Introduction The schools of Muslim law, also known as Madhahib (singular: Madhhab), represent diverse interpretations of Islamic jurisprudence developed by prominent scholars. Rooted in the Quran, Sunnah, Ijma (consensus), and Qiyas (analogy), these schools provide frameworks for legal reasoning (ijtihad) across various regions and cultures of the Muslim world. ✓ Factors Behind the Formation of Schools • Several key factors contributed to the emergence of different schools of Muslim law: 1. Geographical Spread As Islam expanded into different parts of the world, scholars adapted legal rulings to local customs and cultural practices. These adaptations resulted in the formation of regionally distinct madhahib. 2. Legal Reasoning (Ijtihad) Early Islamic scholars practiced ijtihad, deriving rulings independently from the Qur’an and Sunnah. Their varied approaches and methodologies gave birth to different schools of thought. 3. Diverse Juridical Methods Each madhhab developed its own principles of interpreting Shariah sources: • Hanafi: Emphasized istihsan (juristic preference) and custom • Maliki: Gave weight to the practice of the people of Madinah • Shafi’i: Focused on qiyas (analogy) and systemized legal theory • Hanbali: Followed textual evidence strictly and minimally used analogy • The Four Major Sunni Schools of Law: 1. The Hanafi School Founder: Imam Abu Hanifa (699–767 CE) Region: Widely followed in India, Pakistan, Turkey, Afghanistan, Egypt, and parts of Central Asia. Key Features: • Relatively less dependence on Hadith unless they are of unquestionable authenticity • Strong emphasis on Qiyas (analogy) • Introduction of Istihsan (juristic preference) for fairness in unique cases • Broader scope of Ijma (consensus) Notable Students: Imam Abu Yusuf, Imam Muhammad al-Shaybani — instrumental in spreading and documenting Hanafi jurisprudence. Fun Fact: The Hanafi school is followed by over one-third of Muslims worldwide. 2. The Maliki School Founder: Imam Malik ibn Anas (711–795 CE) Region: North and West Africa, Bahrain, Kuwait, and parts of the Arabian Peninsula. Key Features: • Strong reliance on traditions of the Prophet (Hadith) • Acceptance of Amal Ahl al-Madinah (practice of the people of Madinah) as a legal source • Use of al-Masalih al-Mursalah (public welfare) — a unique principle • Limited use of Qiyas only when no clear text exists Legacy: Imam Malik’s Muwatta is one of the earliest and most authentic collections of Hadith. 3. The Shafi’i School Founder: Imam al-Shafi’i (767–820 CE) Region: Egypt, parts of Syria, Lebanon, Indonesia, Malaysia, Yemen, Palestine, and East Africa. Key Features: • Clear hierarchy of sources: Qur’an → Sunnah → Ijma → Qiyas • Rejected Istihsan (Hanafi) and Masalih Mursalah (Maliki) • Emphasis on legal methodology — authored Al-Risalah, a foundational book in Usul al-Fiqh (principles of Islamic jurisprudence) Notable Pupil: Ahmad ibn Hanbal, who later founded his own school. ∆ Known for its balance between textual evidence and rational deduction. 4. The Hanbali School Founder: Imam Ahmad ibn Hanbal (780–855 CE) Region: Saudi Arabia (official school), parts of Syria, Iraq, and the Gulf. Key Features: • Strict adherence to Qur’an and Sunnah • Use of weak (da’if) Hadith when necessary • Restrictive use of Qiyas and Ijma • Rejected analogical and public interest reasoning unless absolutely needed Hanbali school forms the legal foundation of Saudi Arabia’s modern legal system. Extinct Sunni Schools Although four schools survived and flourished, some others became extinct over time: • Awzai School – Prominent in 2nd century AH • Zahiri School – Rejected analogy and relied solely on literal texts • Tabari School – Formed by historian and jurist Al-Tabari • Final Thoughts: Why Understanding Madhahib Matters The diversity of Sunni schools of Muslim law reflects the intellectual richness of early Islamic jurisprudence. Each school emerged from sincere efforts to apply divine guidance in different social contexts. Though distinct, they all remain united in core beliefs and reverence for the Qur’an and Sunnah. ✓Start Your Preparation with TOA At Theory of Abrogation,we equip you with everything you need: •Subject-wise expert classes •Mock test series •Legal current affairs •Personalized mentorship for interview preparation “Your law degree is your foundation, but your preparation is what will build your success.” ✓ Join Our New Batch Now! Prepare smart. Prepare with Theory of Abrogation. Contact Us: B-109, Commercial Complex Dr. Mukherjee Nagar, Delhi-09 +91 9971399324 | +91 8840961324 [email protected]
Sources of Muslim law •Introduction to Muslim Law Muslim Law, also known as Islamic Law or Shariah, is a divine legal system based on the commands of Allah ﷻ and the teachings of Prophet Muhammad ﷺ. Its authority is derived from both revelation and reasoning.The sources of Muslim law are broadly categorized into two types: •Categories of Sources of Muslim Law A.Primary Sources of Muslim Law These are the divine and foundational sources considered authoritative by the Prophet ﷺ himself: 1.Quran – The Word of Allah • Composed of 114 Surahs and approximately 6237 verses (Ayats). • Only around 200 verses relate directly to legal matters. • Deals with issues like inheritance, marriage, punishment, and social reforms. • Regarded as the first and most important source of Islamic Law. • Not a complete code, but more like an amending act (Tyabji). Shayara Bano v. Union of India (2017) 9 SCC 1 • Issue: Constitutionality of Triple Talaq (Talaq-e-Biddat) • Held: Supreme Court declared instant triple talaq unconstitutional as it has no basis in the Quran and violates fundamental rights. 2. Hadith / Sunnah – Implied Revelation • Based on the sayings, actions, and approvals of Prophet Muhammad ﷺ. • Three types of Sunnah: • Sunnat-ul-Qaul – Sayings • Sunnat-ul-Fail – Actions • Sunnat-ul-Taqrir – Silent approvals • Classified into: • Mutawatir – Widely accepted • Mashhoorah – Known but not universal • Wahid – Narrated by few Mohd. Ahmed Khan v. Shah Bano Begum (1985) 2 SCC 556 • Issue: Maintenance of a divorced Muslim woman under Section 125 CrPC • Held: Court interpreted Quranic verses and Hadith to affirm that maintenance is an obligation, even beyond iddat, unless properly settled. 3. Ijma – Consensus of Jurists • Defined as consensus among qualified Islamic scholars (Mujtahids). • Types of Ijma: • Ijma of Companions – Binding and irreversible • Ijma of Jurists – Based on reasoning • Ijma of the People – Lesser significance • Backed by Hadith: “My followers will never agree on something wrong.” Masroor Ahmed v. State (NCT of Delhi), 2008 (103) DRJ 137 • Issue: Validity of oral talaq without witnesses • Held: Delhi High Court referred to the Ijma of jurists and classical scholars to say unilateral oral talaq without reasonable cause or attempt at reconciliation is invalid. 4. Qiyas – Analogical Deduction • Derives law by analogy when Quran, Sunnah, and Ijma don’t apply directly. • Must not contradict primary sources. • Supports Islamic adaptability and reasoning. • Correctives to Qiyas: • Istihsan – Juristic preference • Istidlal – Consideration of public good Daniel Latifi v. Union of India (2001) 7 SCC 740 • Issue: Interpretation of Muslim Women (Protection of Rights on Divorce) Act, 1986 • Held: Applied reasoning (Qiyas) to conclude that the law ensures fair and reasonable provision for a divorced woman, consistent with Quranic values. B.Secondary Sources of Muslim Law These are supplementary sources that aid in interpretation and application of the primary texts: 1. Custom (Urf) • Only accepted if not contradictory to the Quran or Sunnah. • Abolished in matters like marriage, inheritance, divorce via Shariat Act, 1937. 2. Judicial Precedents • Decisions from Indian High Courts, Supreme Court, and Privy Council. • These interpretations shape modern Muslim law in India. 3. Legislation Some notable acts modifying Muslim Law in India include: • Shariat Act, 1937 • Dissolution of Muslim Marriages Act, 1939 • Muslim Women (Protection of Rights on Divorce) Act, 1986 • Prohibition of Child Marriage Act, 2006 • Muslim Women (Protection of Rights on Marriage) Act, 2019 4.Justice, Equity, and Good Conscience • Applied when analogical deduction is insufficient or unjust. • Promoted by Hanafi School in exceptional cases. Shia Perspective Under Shia Law, the primary sources include: 1. Quran 2. Traditions from the Prophet’s family (Ahlul Bayt) 3. Ijma (with specific limits) They do not accept Qiyas as a valid source of law. Conclusion The Sources of Muslim Law represent a rich blend of divine guidance, prophetic tradition, scholarly consensus, and reasoned judgment. Whether for legal professionals, students, or spiritual seekers, understanding these sources is vital for navigating Islamic jurisprudence in a modern world. Start Your Preparation with TOA At Theory of Abrogation, we equip you with everything you need: •Subject-wise expert classes •Mock test series •Legal current affairs •Personalized mentorship for interview preparation Your law degree is your foundation, but your preparation is what will build your success. Join Our New Batch Now! Prepare smart. Prepare with Theory of Abrogation. Contact Us: 📍 B-109, Commercial Complex Dr. Mukherjee Nagar, Delhi-09 📞 +91 9971399324 | +91 8840961324 📧[email protected]
Who is a Muslim under Muslim Law? Islam, which literally means submission to the will of Allah, is a monotheistic religion based on the Holy Qur’an and the teachings of the Prophet Muhammad (peace be upon him). In a secular sense, the Prophet is seen as the founder of Islam, but under Islamic belief, he is regarded as the last and final Messenger of Allah. Those who follow Islam are called Muslims. With over 1.9 billion followers globally, Islam is the second-largest religion after Christianity. • Definition of a Muslim (Legal and Theological View) A Muslim is a person who: • Believes in the Oneness of Allah (Tawheed) • Accepts Prophet Muhammad (PBUH) as the final messenger of God ✓ Scholarly and Judicial Views Aghnides’ View: A Muslim is one who: (i) Believes in the mission of Prophet Muhammad (ii) Declares that there is no god but Allah and Muhammad is His Prophet (iii) Believes in the essential principles of Islam Justice Amir Ali: “Any person who professes the religion of Islam, i.e., accepts the unity of God and the Prophethood of Muhammad (PBUH), is a Muslim.” √ Judicial Recognition: This view was affirmed in Narantakath v. Prakkal (1992) 45 Mad 986, where the Madras High Court held that: The only essential doctrines required to be a Muslim are: • (a) Belief in one God, and • (b) Belief in Prophet Muhammad (PBUH) Any belief beyond this is not relevant for a court of law. ∆ By Birth or Conversion • A person born to Muslim parents is presumed Muslim. • A person can also embrace Islam by sincere conversion, through declaration of Shahada. • Key Case Laws on Conversion: ° Skinner v. Orde (1871) 14 MIA 309 The Privy Council held that conversion must be genuine, not to circumvent personal law. Mere ceremony without sincere belief is invalid. ° Bhaiya Sher Bahadur v. Bhaiya Ganga Baksh Singh (1914) 41 IA 1 An illegitimate son born to a Muslim woman and a Hindu man, raised as a Hindu, was held to be Hindu, not Muslim. • Apostasy and Continuity of Faith A person remains Muslim by birth unless they renounce Islam after attaining majority. Courts do not interfere in doctrinal variations as long as the basic beliefs are satisfied. • Application of Muslim Law in India Muslim Law does not apply universally to all aspects of a Muslim’s life. Indian courts apply only personal laws relating to family and inheritance based on: °Muslim Personal Law (Shariat) Application Act, 1937 Section 2: Muslim Personal Law applies to Muslims in matters of: • Intestate succession • Special property of females • Marriage and its dissolution • Maintenance, Dower (Mehr) • Guardianship, Gift, Trust, Waqf ✓Land and agricultural disputes are excluded. Section 3 – Voluntary Application Any person who: • (a) Is a Muslim • (b) Is competent to contract • (c) Is a resident of the territory Can declare before the prescribed authority that they wish to be governed by Muslim Personal Law. Upon declaration, adoptions, wills, and legacies will also be governed by Muslim Law for the declarant and descendants. • Muslim Law & Justice, Equity, and Good Conscience In absence of statutory provisions, Muslim personal law is applied on the basis of: Justice, Equity, and Good Conscience Example: The law of pre-emption is applied in many states (except Tamil Nadu) on this principle. • Conclusion (Summary) A Muslim, under law, is a person who believes in the oneness of Allah and the Prophethood of Muhammad (PBUH)—either by birth or genuine conversion. In India, Muslim Personal Law applies primarily to family matters through the Shariat Act, 1937, while other applications may arise through justice, equity, and good conscience. ✓ Start Your Preparation with TOA At Theory of Abrogation, we equip you with everything you need: •Subject-wise expert classes •Mock test series •Legal current affairs •Personalized mentorship for interview preparation “Your law degree is your foundation, but your preparation is what will build your success” ✓ Click here to watch the TOA Playlist on Muslim law:-https://youtube.com/playlist?list=PLqZx–XvsMkU95SYUQhEUtv5UWhkVsDq9&si=IZpEbkH66CjPx4hx Join Our New Batch Now! Prepare smart. Prepare with Theory of Abrogation. Contact Us: 📍 B-109, Commercial Complex Dr. Mukherjee Nagar, Delhi-09 📞 +91 9971399324 | +91 8840961324 📧[email protected]
Important Jurisprudence Questions for Judiciary Mains: • Nature & Scope of Jurisprudence 1. Define Jurisprudence. Discuss its nature and scope. 2. Discuss the meaning and importance of Jurisprudence in the development of law. 3. What is the utility of studying Jurisprudence in the legal field? 4. Discuss the classification of Jurisprudence as given by Salmond. • Schools of Jurisprudence Analytical School 5. Explain Austin’s Command Theory of Law. Critically examine it. 6. What is Positive Law? How does Austin define it? 7. Differentiate between general jurisprudence and particular jurisprudence. 8. Discuss H.L.A. Hart’s contribution to legal positivism. 9. What are Primary and Secondary Rules? 10. Compare the theories of Austin and H.L.A. Hart. Historical School 11. What is the Historical School of Jurisprudence? 12. Discuss the contributions of Savigny and Henry Maine. 13. Explain the phrase “Law is not made, it is found.” Sociological School 14. Discuss the Sociological School of Jurisprudence. 15. What is law according to Roscoe Pound? 16. How does Sociological Jurisprudence help in law reform? Realist School 17. What is the Realist School of Jurisprudence? 18. Discuss the views of Jerome Frank and Oliver Wendell Holmes. Natural Law School 19. What is Natural Law? Discuss its relevance in modern legal systems. 20. Compare Natural Law with Legal Positivism. • Theories of Law 21. What is the Pure Theory of Law? 22. Discuss Kelsen’s concept of Grundnorm. 23. Compare the theories of Kelsen and Hart. 24. What are the criticisms of the Pure Theory of Law? Sources of Law 25. What are the sources of law? 26. Differentiate between custom, precedent, and legislation. 27. Distinguish between formal and material sources of law. Legal Concepts 28. What is legal personality? 29. Define Ownership and Possession. Distinguish between them. 30. Explain the concept of Liability – civil and criminal. 31. What is legal right? Explain its elements. 32. Distinguish between right and duty. 33. Define Property. What are the different kinds of property? 34. Explain the concept of obligation in jurisprudence. • Miscellaneous Important Questions 35. What is justice? Explain distributive and corrective justice. 36. What is the relation between law and morality? 37. Discuss the relationship between law and society. 38. What is the difference between substantive and procedural law? 39. What is the difference between public and private law? 40. Define person. What are the types of persons in law? Start Your Preparation with TOA At Theory of Abrogation,we equip you with everything you need: •Subject-wise expert classes •Mock test series •Legal current affairs •Personalized mentorship for interview preparation ✓Your law degree is your foundation, but your preparation is what will build your success. Join Our New Batch Now! Prepare smart. Prepare with Theory of Abrogation. Contact Us: 📍 B-109, Commercial Complex Dr. Mukherjee Nagar, Delhi-09 📞 +91 9971399324 | +91 8840961324 📧[email protected]
TOA Judiciary: Most Important Questions on BNSS (CrPC) – 2025 Edition Are you preparing for Judiciary Exams 2025? Then mastering the Bharatiya Nagarik Suraksha Sanhita (BNSS) — the new procedural law replacing CrPC — is non-negotiable. This article presents the most important and frequently asked questions for judicial services, structured section-wise for clarity and smart study. SECTION A: Historical Background & Key Definitions 1. What are some of the important changes that have been made in BNSS? 2. Write a brief history of criminal procedure in India. 3. Define the following terms as used in BNSS: (i) Complaint (ii) Inquiry (iii) Police Report (iv) Warrant case (v) Cognizable offence (vi) Judicial Proceeding (vii) Summons case (viii) Recording of evidence in the absence of accused (ix) Sessions Court (x) Public Prosecutor (xi) CJM (xii) Proclaimed offender (xiii) Bail (xiv) Bail bond (xv) Electronic communication (xvi) Sessions Judge (xvii) Provisions for speedy trial 4. Distinguish between: (i) Summons case and warrant case (ii) Compoundable and non-compoundable offences (iii) Discharge and acquittal SECTION B: Arrest, Detention & Police Powers 5. In what cases can a police officer arrest without a magistrate’s order or warrant? 6. What are the BNSS provisions regarding the search of an arrested person? Is it illegal if no grounds are given? 7. When can a private person arrest any other person? 8. Why can’t an arrested person resist medical examination under Section 51 BNSS? 9. What property may be seized by police without court order? What is the procedure afterward? 10. What is preventive arrest? When is it legal, and for how long can one be kept in custody SECTION C: Compelling Appearance of Accused/Witness 10. State the processes to compel appearance of the accused or witnesses. 11. How is summons served on a government servant? 12. Write a short note on coercive steps to ensure attendance of accused. 13. Procedure against absconding person when a warrant is issued. 14. Write a note on Proclaimed Offender. 15. What is the next step if a warrant is not executed? 16. When can a warrant be issued instead of summons? 17. Can an accused be directed to produce a document? Under which law? 18. Who can order restoration of abducted/unlawfully detained woman or female child under 18? 19. Write a note on search warrant and production warrant. SECTION D: Security for Peace & Good Behaviour 20.When can a show cause notice under section 129 BNSS be issued? what is the procedure? 21.Who can require a person to execute bond under Section 126 BNSS? 22.Describe the procedure for taking security for good behaviour and peace. 24.When can a court order security for peace after conviction? SECTION E: Maintenance 24. What are CrPC provisions regarding wife’s maintenance? Can the amount be changed? 25. When can Magistrate cancel a maintenance order? 26. When is wife not entitled to maintenance? 27. Can an illegitimate son be ordered to maintain his father? 28. Can a second wife, deceived into marriage, claim maintenance? What offence is committed? 29. Can a divorced wife claim maintenance? What is the maximum? 30. When can Magistrate set aside an ex parte order under Section 145 BNSS? 31. Maintenance claim by woman with disputed marital status and child (F v. M). 32. Write a short note on interim maintenance. SECTION F: Executive Magistrate Powers 33. Conditional order for removal of nuisance (Section 152 BNSS). 34. Duration of order under Section 163 BNSS. 35. What issue can an Executive Magistrate decide under Section 164 BNSS? SECTION G: FIR, Investigation & Evidence 37. Can FIR under Section 173 BNSS be used as substantive evidence? 38. Difference between Sections 156 and 200 CrPC. 39. Can a person being examined by police refuse to answer questions? 40. Who can record confession under Section 183 BNSS? 41.Can police remand be granted without producing accused? 42. Scope and limitation of case diary under Section 192 BNSS. 43. Notes on statements under Sections 180 and 183 BNSS. 44. What can a Magistrate do when a closure report is filed? 45. Law of remand under Section 187 BNSS. 46. What is FIR? What is its evidentiary value? 47. Can FIR be refused due to lack of territorial jurisdiction? 48. Procedure when investigation cannot be completed in 24 hours. 49. Place of trial in criminal cases — example of kidnapping at Delhi and concealment at Simla 50. Rule under Section 177 CrPC — trial in court with local jurisdiction. SECTION H: Cognizance, Complaints & Inquiry 51. What is cognizance? How is it taken by Magistrate? 52. When can Magistrate or Sessions Judge take cognizance? 53. Is sanction under Section 197 CrPC required for offences by public servant? 54. Notes on complaint proceeding. 55. Meaning and process of taking cognizance. 56. Complaint vs challan case — which one to proceed with? 57. What is a petty offence under Section 206(2)? 58. Scope of inquiry under Section 202 CrPC. 59. Can protest petition be entertained after closure report is accepted? 60. Procedure in complaint cases. SECTION I: Charges & Joinder of Offences 61. Law relating to misjoinder of charges. 62. What is a charge? What are its essentials? 63. Is a defective charge fatal to conviction? 64. One charge for each offence —exceptions to this rule. 65. Can a person be tried at one trial for different offences in the same transaction? 66. At what stage can a court alter a charge? 67. Frame a charge under Section 326/149 IPC and Section 307 IPC. 68. Can case be reopened if victim dies after conviction for grievous hurt? SECTION J: Trial Procedure 69. Grounds for discharge by Sessions Court. 70. Is detailed speaking order required before framing charge? 71. Procedure in warrant trial. 72. Ways to speed up warrant case trials. 73. Procedure in warrant case upon police report. 74. Procedure in warrant case instituted on police report. 75. What is a summons case? Procedure for trial. 76. Effect of complainant’s death or absence in summons case. 77. Who…
Haryana Assistant District Attorney Exam2025:Complete Syllabus,Pattern, Eligibility,and Preparation Guide: If you’re aspiring to become an Assistant District Attorney in Haryana,this detailed guide will walk you through every aspect of the Haryana ADA Exam 2025, including syllabus, exam pattern, eligibility, and selection process. The Haryana Public Service Commission (HPSC) conducts this exam to recruit top-tier legal professionals for the role of ADA (Assistant District Attorney). •Overview of Haryana Assistant District Attorney Exam 2025 √Exam Name:-Haryana Assistant District Attorney Exam 2025 √Conducting Body:-Haryana Public Service Commission (HPSC) √Mode of Application:-Online √Mode of Exam:-Offline (Pen and Paper) √Exam Stages:-Prelims, Mains, and Interview √Official Website:-hpsc.gov.in Eligibility Criteria for Haryana ADA Exam ✓ Educational Qualification: •Law Degree (Professional) or an integrated law course from a recognized university. •Must be enrolled as an Advocate with the Bar Council. •Should have studied Hindi or Sanskrit up to Matric standard. ✓ Age Limit: • Minimum: 21 years • Maximum: 42 years (Relaxation applicable as per government rules.) Haryana ADA Exam Pattern 2025 Preliminary Examination • Type: Objective (Multiple Choice Questions) • Duration: 2 Hours • Negative Marking: •¼ mark deducted for each wrong answer •¼ mark deducted if no option is selected or fifth bubble (unattempted) is left blank • Cutoff: Minimum 25% required to qualify • Selection: Top 4x the number of vacancies, category-wise, proceed to Mains Prelims Paper Division: Part I – Law (80% Weightage) Civil Law: • Code of Civil Procedure • Indian Evidence Act / Bharatiya Sakshya Adhiniyam (if applicable) • Indian Contract Act • Indian Partnership Act • Sale of Goods Act • Hindu Law • Mohammedan Law & Customary Law Criminal Law: • Indian Penal Code / Bharatiya Nyaya Sanhita (if applicable) • Criminal Procedure Code / Bharatiya Nagarik Suraksha Sanhita (if applicable) • Indian Evidence Act Part II – General Studies & Aptitude • General Awareness • General Mental Ability • Comprehension • Logical Reasoning and Analytical Ability • Decision Making and Problem Solving • Basic Numeracy • Data Interpretation • History, Geography, Polity, Economy & Culture of Haryana Mains Examination (Subject Knowledge Test) • Type: Descriptive / Subjective • Duration: 3 Hours • Maximum Marks: 150 • Minimum Qualifying Marks: 35% Mains Syllabus Breakdown Civil Law: • Code of Civil Procedure • Indian Evidence Act • Indian Contract Act • Indian Partnership Act • Sale of Goods Act • Hindu Law • Mohammedan Law & Customary Law Criminal Law: • Indian Penal Code • Criminal Procedure Code • Indian Evidence Act Interview (Viva-Voce) • Weightage: 12.5% of total score • Candidates who clear Mains will be invited for the final personality assessment. • Final merit list = Mains Marks + Interview Marks ∆ Key Highlights for Aspirants • 80% of Prelims Paper is Law-focused – deep legal knowledge is essential. • New Criminal and Evidence Codes may apply (BNS, BNSS, BSA) – stay updated. • Negative marking even for unmarked questions if fifth option is not darkened. • Mains is purely subjective, requiring detailed legal answers – practice descriptive writing. • Knowledge of Haryana’s culture, polity, and economy is crucial for General Studies. ∆ Preparation Tips for Haryana ADA Exam 2025 1. Master Bare Acts – Especially CPC, CrPC, IPC, Evidence & Contract Act. 2. Stay Updated – Watch out for changes from IPC/CrPC to BNS/BNSS and Evidence Act to BSA. 3. Daily Practice – Solve MCQs for Prelims; write structured answers for Mains. 4. Mock Interviews – Improve communication, presence of mind, and legal articulation. 5. Focus on Haryana GK – State-specific facts often give you an edge in GS. ∆ Final Words The Haryana ADA Exam 2025 is a prestigious opportunity for legal professionals aiming to serve the state. With a clear understanding of the exam pattern, updated syllabus, and strategic preparation, you can crack this exam with confidence. Start Your Preparation with TOA At Theory of Abrogation, we equip you with everything you need: •Subject-wise expert classes •Mock test series •Legal current affairs •Personalized mentorship for interview preparation “Your law degree is your foundation, but your preparation is what will build your success.” Join Our New Batch Now! Prepare smart. Prepare with Theory of Abrogation. Contact Us: 📍 B-109, Commercial Complex Dr. Mukherjee Nagar, Delhi-09 📞 +91 9971399324 | +91 8840961324 📧[email protected]
Most important questions of Muslim law
•Most Important Questions of Muslim Law Q.1. Who is a Muslim? How far IJMA is a source of Muslim law? Can IJMA be used for the further development of Muslim law? Q.2.Discuss the various sources of Muslim Law. Q.3.Write a note on the schools of Sunnis. Q.4.Marriage among Muslim law is not sacrament,but purely a civil contract.Discuss this statement with reference to the contractual nature of a Muslim marriage. Q.5.Examine the validity of the following: (i) A marriage with a woman undergoing iddat (ii) A marriage with a wife’s sister after the death of wife Q.6.Write short notes on the Nature of Muslim Marriage. Q.7.In Abdul Kadir v. Salima, (1886) 8 All 149,Justice Mahmood stated, “Marriage among Muslims is not a sacrament but purely a civil contract.”On the other hand,another noted scholar of Muslim Law, Abdul Rahim states that marriage among Muslims is both an Ibadat (devotional act) as well as muamlat (dealings among men). In the light of these statements, discuss the exact nature of Nikah,pointing out its essentíal features and referring to case-law wherever required. Q.8. What relations are prohibited from marrying on the ground of consanguinity,by a Muslim male? (RJS 1986) Q.9. Distinguish between ‘Batil’ and ‘Fasid’ marriage. In which category will you place the following:- (a) Marriage with a woman undergoing Iddat. (b) Simultaneous marriage with two consanguine sister. (c) Marriage with a fifth wife during the life time of four wives. (d) Marriage with a Christian woman. (e) Marriage in contravention of the rule of Kufr. Q.10. How can irregular marriages be made under the Muslim Law? (DJS 2015) Q.11. ‘State briefly the Muslim Law of Dower’.How far does it differ from the Hindu Law of Maintenance?A husband agrees to give his wife as Dower next years crops.The Wife files a suit to recover the same.Decide the suit. Q.12.(A) Explain what is “Mehr” in relation to a Muslim marriage. Can its payment be deferred either wholly or in part? (B) Whether “Mehr” can be termed as debt and thus a charge on the property ot the husband? (C) Can the payment of the ‘Mehr’ be excused, if so, by whom? Q.13. Write short note on Mehar-i-Misal. Q.14. State the nature and kinds of Mahr.Whether a Muslim widow can retain her husband’s property in lieu of Mahr? Whether right to receive Mahr and enjoyment of the property is transferable or heritable. Discuss with the help of Maina Bibi’s Case? Q.15.What is the nature of widow’s right of retention of the husband’s property in case her dower remains unpaid?Whether this right of retention is heritable and transferable?.Give views of the various High Courts. Q.16.Write short note on Iddat. Q.17. Distinguish between ‘Talaq-ul-biddat’ and ‘Talaq-ul-sunnat’ and state when ‘Talaq’ becomes irrevocable. Q.18. Draw distinction between the following: Ahasan Talak and Hasan Talak. Q.19. Write short note on Khula. (RJS 1971) Q.20. On what grounds a Muslim wife can seek dissolution of her marriage? Q.21.What do you understand by “cruelty by the husband” under the Dissolution of Muslim Marrlage Act, 1939? (RJS 2014) Q. 22. (a) Distinguish between ahsan talaq,hasan talaq and talaq-e-tafwiz. (b) Explain the concepts of khula and mubaraat. (c) What are the grounds of dissolution of marriage available to a Muslim wife under the Dissolution of Muslim Marriage Act, 1939? (DJS2008) Q.23. Write short but critical note on Guardianship in marriage. Q.24. “A” is mother of a minor Muslim “B”.She sells “B’ s” immovable property for his necessities and benefits. “A” is de facto guardian of “B”.Discuss the validity of the saie..[UPJS 2012] Q.25. Discuss briefly the rules of Muslim law with regard to legitimacy of a child.What is the effect of acknowledgment of legitimacy? Q.26. Stating the concept of presumption of legitimacy under Muslim Law,point out the differences between Muslim Law and Section 112 of Indian Evidence Act in this regard. Q.27. The law of adoption is unknown to Muslim Law. In this connection explain the meaning of acknowledgment of paternity under Muslim Law. Q.28. Write short note on Maintenance of a wife. Q.29. To what extent is a Muslim husband bound to maintain his wife?Explain.(UPJS 1985) Q.30. Write short note on testamentary guardian and his powers. Q.31. Write short note on Hizanat. Q.32. Who are the Guardians of a Muslim minor under Muslim Law?.(DJS1999) Q.33. What is meant by Khayar al-bulugh or “option of puberty”? ( DJS 2008) Q.34. What are the general principles of succession under the Hanafi Law?Explain. Q.35. Write short note on classification of heirs under the Shia Law of Inheritance Q.36. (a) What do you mean by doctrines of ‘Aul and Radd’. (b) (i) A Muslim woman died leaving her husband and two sisters. How her property will devolve? (ii) A Muslim male died leaving his mother, widow and daughter. How much share they will get? Q.37. Define “Residuaries” under the Muslim Law. .(RJS 1986) Q. 38. Distinguish between hiba and hiba-bil-iwaz.Illustrate our answer. Q.39. What are the constituents of a valid ‘Hiba’ ? Can a valid gift be made in favour of a Non-Muslim? Q.40. Explain the nature of ‘Hiba-ba-shar-tul-iwaz’ and how far it is distinguishable from the incidents of sale? Q.41. Explaining the essential conditions of a valid gift under the Muslim Law,state the circumstances, if any, when transfer of possession is not necessary for making gift. Q.42. Write short note on Gift made during Murz-ul-Maut. Q.43. A maternal grand father made a gift in favour of his newly born grand child.The mother of the child accepted the gift on behalf of the minor. Is this gift valid under Muslim Law. Q.44. What is limited estate? Does Muslim law recognise the transfer of limited estate? Refer.to decided cases..(UPJS 1991) Q.45. “Life estate is unknown to Muslim Law as administered in India, but life interest can be created” [UPJS 1999] Q.46. When and how can a gift be revoked by a donor under Muslim law? In what cases the power to revoke comes to an end? Discuss. (UPJS…
Chhattisgarh ADPPO Exam 2025: Syllabus, Eligibility, and Exam Pattern Are you aspiring to become an Assistant District Public Prosecution Officer (ADPPO) in Chhattisgarh? The Chhattisgarh Public Service Commission (CGPSC) is set to conduct the Chhattisgarh ADPPO Exam 2025 on 04 February 2025. Here’s a complete guide on the exam pattern, syllabus, and eligibility criteria to help you prepare effectively. Overview of the Chhattisgarh ADPPO Exam ✓Details Exam Name:-Chhattisgarh ADPPO Exam 2025 Conducting Body:-Chhattisgarh Public Service Commission (CGPSC) Official Website:-psc.cg.gov.in Exam Mode:-Offline (Objective Type) Selection Process:-Written Examination + Interview Total Marks: 330 (Written: 300 + Interview: 30) Eligibility Criteria for Chhattisgarh ADPPO 2025 Educational Qualification: • Must hold a Law Degree from a recognized university or institution. Age Limit: • Minimum Age: 21 years • Maximum Age (Non-Domicile): 30 years • Maximum Age (Chhattisgarh Domicile): 40 years Age Relaxation: •SC/ST/OBC (Chhattisgarh):-5 years •Women (All Categories):-10 years •Temporary/Permanent Workers (Chhattisgarh):-3 years •Govt Employees (Chhattisgarh):-8 years (Max age 38 years) •Ex-Servicemen (Deduction of service period):– Max 3 years •Divorced/Widowed Women:-5 years •PwD (Persons with Disabilities):-5 years •Inter-caste Marriage Beneficiaries:-5 years •Sports Award Winners:-5 years •Contractual Govt Employees Equal to service (Max age):- 38 years Exam Pattern for Chhattisgarh ADPPO 2025 1.Written Examination (objective Type) •General Knowledge of Chhattisgarh √No.of questions:-50 √Marks:-100 •Law (Major and Minor Acts) √No of questions:-100 √Marks:-200 •Total √Questions:-150 √Marks:-300 2.Interview • Total Marks: 30 √Qualifying Marks: • Unreserved Candidates: 33% • SC/ST/OBC Candidates: 23% Detailed Syllabus for Chhattisgarh ADPPO 2025 Part 1: General Knowledge (100 Marks) •History of India & Freedom Movement •History of Chhattisgarh & Its Role in Freedom Movement •Physical, Social & Economic Geography of India (Special Reference to Chhattisgarh) •Constitution & Polity of India, Chhattisgarh’s Administrative Structure, Local Government & Panchayati Raj •Economy, Commerce, Industry, Forest & Agriculture (India & Chhattisgarh) •Tribes, Dialects, Festivals, Dances, Tourist & Archaeological Sites of Chhattisgarh •Current Affairs & Sports (India & Chhattisgarh) Environment Part 2: Law (200 Marks) Constitutional Law: • Fundamental Rights & Duties, DPSPs • President, Vice-President, Governor • Parliament & State Legislature • Judiciary (SC, HC, Subordinate Courts) Major Criminal Laws (Can be updated to new criminal codes): • Indian Penal Code, 1860 (or Bharatiya Nyaya Sanhita, 2023) • Criminal Procedure Code, 1973 (or Bharatiya Nagarik Suraksha Sanhita, 2023) • Indian Evidence Act, 1872 (or Bharatiya Sakshya Adhiniyam, 2023) Important Special Laws: • Chhattisgarh Excise Act, 1915 • Information Technology Act, 2000 (Chapters 1–4, 9, 11–13) • SC/ST (Prevention of Atrocities) Act, 1989 • NDPS Act, 1985 • Arms Act, 1959 • Food Safety and Standards Act, 2006 • Protection of Human Rights Act, 1993 • Right to Information Act, 2005 • Legal Services Authorities Act, 1987 (Chapters 3, 4 & 6) • Chhattisgarh Shaikshanik Sansthan Me Pratarna Ka Pratishedh Adhiniyam, 2001 •Chattisg Tonahi Pratadna Nivaran Adhiniyam, 2005 • Unlawful Activities (Prevention) Act, 1967 • Chhattisgarh Vishesh Jan Suraksha Adhiniyam, 2005 • Chhattisgarh High Court Criminal Rules, 2005 Final Tips for ADPPO Aspirants 1. Focus on Chhattisgarh-specific GK. 2. Practice MCQs with negative marking strategy. 3. Update legal knowledge with new criminal laws (BNS, BNSS, BSA). 4. Study local laws unique to Chhattisgarh. 5. Prepare for interview by revising law basics and recent judgments. Conclusion The Chhattisgarh ADPPO Exam 2025 is a golden opportunity for law graduates to serve as public prosecutors in the state. A strong grip over criminal law, local acts, and Chhattisgarh-specific general knowledge is key to cracking this exam. Start your preparation today with a clear roadmap and updated syllabus. FAQs Q1. Is there negative marking in the Chhattisgarh ADPPO exam? Yes, 1/3rd marks are deducted for each incorrect answer. Q2. What is the age limit for general category candidates? 21 to 30 years for non-domicile and up to 40 years for domicile candidates. Q3. Is knowledge of local Chhattisgarh laws necessary? Yes, several state-specific acts are part of the syllabus. Start Your Preparation with TOA At Theory of Abrogation, we equip you with everything you need: •Subject-wise expert classes •Mock test series •Legal current affairs •Personalized mentorship for interview preparation ✓Your law degree is your foundation, but your preparation is what will build your success. Join Our New Batch Now! Prepare smart. Prepare with Theory of Abrogation. Contact Us: 📍 B-109, Commercial Complex Dr. Mukherjee Nagar, Delhi-09 📞 +91 9971399324 | +91 8840961324 📧[email protected]