•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 2013)
Q.47. Explain fully the formalities of a ‘Will’. Can a will once made be revoked. If so, under which circumstances.
Q.48. Can a Sunni Muslim make a Will in favour of an heir?.(RJS 1988)
Q.49. What is right of pre-emption?.(RJS 1986)
Q.50. Describe the classes of persons who can claim a right of
pre-emption.Whether the right of pre-emption is still available on ground of vicinage?Discuss. (UPJS 2016)
Q.51.What is Wakf ?How far is it correct to say that the conditions laid down by the Wakf are equivalent to the command of the law giver?
Q. 52. (a) “Wakf means the permanent dedication by person professing the Muslim faith of any property, for any purpose, recognised by the Mohammedan Law as religious, Pious or charitable”Comment upon this statement and explain the essentials of a valid Wakf under Muslim Law. (b) Examine the validity of the following Wakfs. Giving reasons for your answers:-
(i) The Wakf of a Muslim for a mosque or a burial ground.
(ii) The Wakf of a dower debt.
(iii) A Wakf for erecting and maintaining a Church opposite the house of the “Wakf”. (iv) A Wakf to maintain a college for teaching Muslim and Hindu
Jurisprudence.
Q.53.What are the objects of a ‘Wakf’ ? Who can make a Wakf.
Q.54. What is Wakf Al Aulad?Can a Muslim make a Wakf for the maintenance of Shiv temple?
Q.55. Write short note on Sajjadansahin
Q.56. In a Wakf deed, no “mutawalli” is designated.Is the Wakf valid? If so,how a “mutawalli” can be appointed and by whom?(DJS 1984)
Q.57. Summarise the provisions of the Shariat Act of 1937 as amended.
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