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Test: Will under Muslim Law - Judiciary Exams MCQ


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25 Questions MCQ Test Civil Law for Judiciary Exams - Test: Will under Muslim Law

Test: Will under Muslim Law for Judiciary Exams 2024 is part of Civil Law for Judiciary Exams preparation. The Test: Will under Muslim Law questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Will under Muslim Law MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Will under Muslim Law below.
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Test: Will under Muslim Law - Question 1
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According to Islamic law, what is the maximum portion of a Muslim's property that can be bequeathed through a Will without requiring consent from legal heirs?

Detailed Solution for Test: Will under Muslim Law - Question 1
Islamic law permits a Muslim to bequeath assets up to one-third of their property without needing consent from legal heirs. This rule ensures that the remaining two-thirds of the property is distributed according to the legal heirs' shares as prescribed by Islamic law.
Test: Will under Muslim Law - Question 2
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Who is referred to as the 'legatee' in Islamic law when it comes to executing a Will?

Detailed Solution for Test: Will under Muslim Law - Question 2
In Islamic law, the 'legatee' is the beneficiary who receives property through the Will. The term 'legatee' represents the individual chosen by the testator to inherit assets or property as outlined in the testamentary document.
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Test: Will under Muslim Law - Question 3
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What is a key requirement for the individual creating a Will in accordance with Islamic Law, ensuring they can understand the implications of the Will they are drafting?

Detailed Solution for Test: Will under Muslim Law - Question 3
In Islamic Law, one of the fundamental requirements for creating a Will is that the individual must be of sound mind and possess the legal capacity to understand the implications of the Will they are drafting. This ensures that the person is capable of making decisions regarding the distribution of their assets after their passing.
Test: Will under Muslim Law - Question 4
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According to Islamic principles, what is a critical condition that must be met for the assets being gifted in a Will to be legally bequeathed?
Detailed Solution for Test: Will under Muslim Law - Question 4
In Islamic Law, for assets to be legally bequeathed in a Will, they must meet the critical condition of being capable of being legally bequeathed under Islamic principles. This requirement ensures that the assets being gifted align with the guidelines and rules set forth by Islamic law regarding inheritance and bequests.
Test: Will under Muslim Law - Question 5
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What aspect of a will ensures that the distribution of assets is carried out in a fair and transparent manner?
Detailed Solution for Test: Will under Muslim Law - Question 5
Consent of Parties underscores the significance of both the testator and the recipient agreeing to the terms of the Will without any form of pressure. This mutual agreement ensures that the distribution of assets is done in a fair and transparent manner. It is crucial for the parties involved to willingly accept the terms outlined in the will to ensure a just distribution of assets.
Test: Will under Muslim Law - Question 6
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Who is eligible to create a Will under Muslim Law?
Detailed Solution for Test: Will under Muslim Law - Question 6
In Muslim Law, the eligibility to create a Will depends on various factors. One crucial criteria is that the individual must be of sound mind at the time of creating the Will. This means that the person should understand the implications of their actions and make decisions rationally. If the individual becomes insane after creating the Will, the Will becomes void. Soundness of mind ensures that the individual's intentions are clear and that the Will reflects their true wishes.
Test: Will under Muslim Law - Question 7
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What happens to a Will created by a person who renounces Islam after its creation?
Detailed Solution for Test: Will under Muslim Law - Question 7
According to Muslim Law, if a person renounces Islam after creating a Will, the Will remains valid. This legal principle ensures that the individual's wishes, as expressed in the Will, are respected and upheld regardless of any subsequent changes in religious beliefs. This provision highlights the importance of honoring the intentions of the testator, regardless of their religious affiliations at the time of their passing.
Test: Will under Muslim Law - Question 8
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What is a crucial requirement for creating a valid Will under Muslim Law regarding the individual's mental state at the time of making the Will?
Detailed Solution for Test: Will under Muslim Law - Question 8
In creating a Will under Muslim Law, one of the essential prerequisites is that the individual must be of sound mind while making the Will, comprehending the consequences of their actions. This requirement ensures that the individual is capable of understanding the implications of the decisions they are making regarding the distribution of their assets. Being of sound mind is fundamental to ensure that the Will accurately reflects the individual's intentions without any undue influence or incapacity affecting the process.
Test: Will under Muslim Law - Question 9
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Under Shia and Sunni laws, how do they differ in their treatment of a Will executed by a person who attempted suicide?
Detailed Solution for Test: Will under Muslim Law - Question 9
The distinction between Shia and Sunni laws concerning a Will executed by an individual who attempted suicide lies in their validity. Under Shia law, a Will created by a person who attempted suicide is considered void due to the presumed mental instability associated with the act. Conversely, Sunni law recognizes a Will executed after an attempted suicide as valid, emphasizing the importance of the individual's intentions and decisions in determining the legitimacy of the Will. This variance in interpretation reflects the differing legal perspectives on testamentary capacity and the implications of such actions on the validity of a Will.
Test: Will under Muslim Law - Question 10
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What is the significance of free consent in the creation of a Will under Muslim Law?
Detailed Solution for Test: Will under Muslim Law - Question 10
Free consent of the individual creating the Will is of utmost importance under Muslim Law for the Will to be considered valid. Any instance where the consent is compromised, such as under coercion, undue influence, or fraud, renders the Will null and void. This emphasizes the fundamental principle that the individual must willingly and consciously make decisions about the distribution of their assets through the Will, ensuring that their intentions are genuine and not influenced by external factors.
Test: Will under Muslim Law - Question 11
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How is the inheritance of an unborn child handled in Islamic law under specific conditions?
Detailed Solution for Test: Will under Muslim Law - Question 11
According to Islamic law, a child in the mother's womb is considered a living entity and can inherit under specific conditions. To be eligible for inheritance, the child must be in the womb at the time the Will is made and must be born alive within six months (Sunni law) or ten months (Shia law) after the Will's creation. This provision ensures that unborn children are not excluded from inheritance rights under Islamic legal principles.
Test: Will under Muslim Law - Question 12
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What is the potential consequence for a legatee who causes the death of the testator deliberately or accidentally under most circumstances?
Detailed Solution for Test: Will under Muslim Law - Question 12
In most circumstances, a legatee who causes the death of the testator deliberately or accidentally is disqualified from inheriting under the Will. This rule serves to uphold the integrity of the inheritance process and prevent individuals from benefiting from unlawful actions.
Test: Will under Muslim Law - Question 13
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What happens if a beneficiary decides not to accept the inheritance under Islamic law?
Detailed Solution for Test: Will under Muslim Law - Question 13
Under Islamic law, if a beneficiary decides not to accept the inheritance, the Will becomes null and void. This provision ensures that individuals have the right to refuse an inheritance if they so choose, leading to the nullification of the entire testamentary document and the need for an alternative arrangement to distribute the assets.
Test: Will under Muslim Law - Question 14
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In Muslim Law, when a will clearly specifies the share of each beneficiary, how is the property distributed among the beneficiaries?
Detailed Solution for Test: Will under Muslim Law - Question 14
When a will under Muslim Law clearly outlines the share of each beneficiary, the property is distributed proportionately based on the specified shares. This means that each beneficiary receives a share according to what is explicitly mentioned in the will. This ensures that the distribution of the property aligns with the wishes of the person making the will.
Test: Will under Muslim Law - Question 15
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What is the key determining factor for executing a Will in Muslim law?
Detailed Solution for Test: Will under Muslim Law - Question 15
In Muslim law, the crucial factor for executing a Will lies in the explicit, clear, and unequivocal intention of the legator. This means that the primary focus is on the clarity and certainty of the legator's intentions rather than specific formalities, signatures, or witness attestations. The absence of specific formal requirements highlights the emphasis on the legator's intent as the key factor in determining the validity of a Will.
Test: Will under Muslim Law - Question 16
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In Islamic law, how can a Will be made through gestures?
Detailed Solution for Test: Will under Muslim Law - Question 16
Islamic law allows for a Will to be made through gestures, known as a Gestural Will. This means that if a person, such as a sick individual unable to speak, conveys their intentions through gestures like nods, these gestures can be considered a valid form of bequest. This provision demonstrates the flexibility in Islamic law to accommodate unique situations where verbal or written communication may not be possible, emphasizing the importance of honoring the intentions of the testator even when traditional forms of communication are not feasible.
Test: Will under Muslim Law - Question 17
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What type of property must be included in a Will according to Islamic law?
Detailed Solution for Test: Will under Muslim Law - Question 17
Islamic law allows any type of property, whether physical or non-physical, movable or immovable, to be included in a Will. This inclusive approach ensures that individuals can bequeath a broad range of assets to beneficiaries, facilitating the transfer of wealth and possessions in accordance with Islamic legal principles.
Test: Will under Muslim Law - Question 18
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What is a critical requirement regarding the ownership of property at the time of the legator's death when creating a Will?
Detailed Solution for Test: Will under Muslim Law - Question 18
Ownership at the time of death is a crucial condition when creating a Will. This means that the person making the Will (legator) must be the rightful owner of the property at the time of their passing. Even if new properties are acquired after drafting the Will, they will also be included in the bequest. This requirement ensures that the distribution of assets is carried out according to the wishes of the deceased and legal protocols.
Test: Will under Muslim Law - Question 19
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What is an essential consideration regarding the property intended to be transferred through a Will?
Detailed Solution for Test: Will under Muslim Law - Question 19
The property intended to be transferred through a Will must be capable of being transferred as per Islamic law. This requirement ensures that the assets included in the Will can be legally passed on to the designated beneficiaries without any hindrances. It is essential to consider the legality and permissibility of transferring the property according to the relevant laws and regulations to avoid any complications in the distribution process.
Test: Will under Muslim Law - Question 20
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What is the maximum portion of his total bequeathable property that a Muslim is allowed to include in his Will according to Islamic law?
Detailed Solution for Test: Will under Muslim Law - Question 20
According to Islamic law, a Muslim is permitted to draft a Will for his assets amounting to a maximum of one-third of his total bequeathable property. This limitation ensures that the distribution of assets is done in a fair and regulated manner, considering the rights of legal heirs. In cases where the bequest exceeds this limit, the approval of the heirs is required for the excess portion to be considered valid.
Test: Will under Muslim Law - Question 21
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In what scenario can a Muslim bequeath his assets to anyone and in any amount without being bound by the one-third limit under Islamic law?
Detailed Solution for Test: Will under Muslim Law - Question 21
If a Muslim lacks legal heirs, he has the freedom to bequeath his assets to anyone and in any amount without being bound by the one-third limit imposed by Islamic law. This provision allows individuals without direct legal heirs to distribute their assets according to their wishes, ensuring that their possessions are allocated as per their preferences in the absence of immediate family members.
Test: Will under Muslim Law - Question 22
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In Shia law, what distinguishes the approach to bequests from Sunni law?
Detailed Solution for Test: Will under Muslim Law - Question 22
One key difference between Shia law and Sunni law regarding bequests is that in Shia law, there is no differentiation between an heir and a non-heir when making a Will. This distinction allows for greater flexibility, enabling anyone to receive a bequest of up to one-third of the property without the restrictions imposed by Sunni law. This aspect provides individuals making a Will under Shia law with more testamentary powers and options for distributing their assets.
Test: Will under Muslim Law - Question 23
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What action is NOT considered sufficient for the revocation of a Will under Muslim Law?
Detailed Solution for Test: Will under Muslim Law - Question 23
In revoking a Will under Muslim Law, it is essential to go beyond mere denial of the Will without a clear action indicating the intent to revoke. While actions like deliberately destroying the Will, creating a new conflicting Will, or making an oral or written revocation are recognized means of revoking a Will, mere denial without a clear act is not considered sufficient for revocation.
Test: Will under Muslim Law - Question 24
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What distinguishes implied revocation from express revocation in Islamic law regarding Wills?
Detailed Solution for Test: Will under Muslim Law - Question 24
In Islamic law concerning Wills, express revocation is characterized by clear actions or declarations indicating the intent to revoke, such as destroying the Will or creating a new conflicting one. On the other hand, implied revocation occurs when the legator's actions contradict the bequest in the Will, leading to the subject-matter of the bequest no longer existing. This distinction underscores the importance of the legator's clear intention to revoke in both express and implied revocation scenarios.
Test: Will under Muslim Law - Question 25
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What principle is followed in Shia Law when heirs reject the excess bequeathable property?
Detailed Solution for Test: Will under Muslim Law - Question 25
In Shia Law, when heirs reject the excess bequeathable property, there is no reduction in legatees' shares. This principle is known as preferential distribution, where the property is distributed following the order of preference as mentioned in the Will. For instance, if someone specifies a sequence of beneficiaries in their Will, the first mentioned beneficiary receives their full share before the subsequent beneficiaries receive anything.
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