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Practice Based Questions on Muslim Laws on Marriage & Divorce: A Sacred Contract and Dissolution | Legal Reasoning for CLAT PDF Download

Q1: In which of the following case was it held that "in view of the provision under section 129 of the transfer of property act, the provision of section 123 of the transfer of property act shall not affect the validity of the gift under any rule of Mohammedan law?" 
(a) Abdul Rahim and Ors. Vs. Sk. Abdul Zabar and Ors
(b) Ashiq Ali and Ors. Vs. Smt. Rasheeda Khatoon and Anr
(c) Norr Sabha Khatoon Vs. MD Quasim
(d) Mustafa vs. Abu Bakr
Ans: (b) 

Q2: In which of the following case was it held that a child born out of a Muslim couple would be Muslim, even if he, by choice, goes to a Hindu Temple? The person would be a Muslim till the time he does not renounce his religion and converts to another religion. 
(a) Sarla Mudgil v. Union of India
(b) Azima Bibi v. Munshi Samalanand
(c) Bhaiya Sher Babadur v. Bhaiya Ganga Baksh Singh
(d) Lily Thomas v. Union of India
Ans: (b) 

Q3: Which of the following is the major school of Shia? 
(a) Hanafi
(b) Maliki
(c) Shafei
(d) Imamia
Ans: (d)

Q4: Which of the following terminology in Muslim law is correct? 
(a) Valid Marriage - Fasid
(b) Void Marriage - Batil
(c) Irregular Marriage - Sahih
(d) All are correct
Ans: (b)

Q5: Which of the following is not a ground of irregular marriage under Muslim law? 
(a) Polyandry
(b) Unlawful conjunction
(c) Muslim with a fifth wife
(d) Marriage without witness
Ans: (a) Polyandry

Q6: When the dower is payable immediately on the marriage taking place, and it must be paid on demand unless the delay is agreed, what is it called? 
(a) Marjjal
(b) Muwajjal
(c) Mahr
(d) Mahar-i-nisi
Ans: (a)

Q7: Which of the following is the ground for divorce for Muslim women under the dissolution of the Muslim Marriage Act 1939? 
(a) Talaq-ul-sunnat
(b) Zihar
(c) Talaaq-i-tafweez
(d) Ila
Ans: (c) 

Q8: Under the dissolution of the Muslim Marriage Act 1939, which of the following is not the correct ground for judicial divorce?
(a) The husband is missing for 7 years
(b) Husband's failure to maintain the wife for 2 years
(c) Imprisonment of the husband for 7 years
(d) Husband's failure to perform a marital obligation for 3 years.
Ans: (a) 

Q9: In which of the following case did the Supreme court hold that the marriage of a man with 2 sisters shall not be void? It stated that this marriage shall merely be irregular in nature. And further discussed that the child of out such marriage shall be entitled to inheritance from his father. 
(a) Imambandi v. Mutsaddi
(b) Gohar Begum vs. Nazma Begum
(c) Chand Patel v. Bismillah Begum
(d) Noor Sabha Khatoon v. Md. Quasim
Ans: (c) 

Q10: Which of the following person does not come in the category of sharer in the Muslim Law? 
(a) Husband
(b) Wife
(c) Daughter
(d) Son
Ans: (d) 

Q11: Which of the following statement is correct with regard to the principle of inheritance under Muslim law? 
(a) Males have no preferential right of inheritance over females, but normally the share of a male is double the share of a female.
(b) Upon the death of a Muslim, if his heirs include also the females, then, male and female heirs inherit the properties simultaneously.
(c) Both are correct
(d) Neither is correct
Ans: (c)

Q12: Choose the correct statements pertaining to the adoptions among the Muslims? 
(a) Islam does not recognize adoption
(b) A Muslim person can adopt a child under the Juvenile Justice (Care and Protection of Children) Act 2000 irrespective of the religion he or she follows
(c) Both A and B
(d) Neither A nor B
Ans: (c)

Q13: Which of the following is not the essential conditions for the Hiba? 
(a) An acceptance of the gift, express or implied, only by the donee
(b) Declaration of gift by the donor
(c) The transfer and delivery of possession of the gift
(d) None of the above
Ans: (a)

Q14: Under which of the following cases, a gift that has completed in the manner specified by the Muslim law would not be irrevocable?
(a) where the donor and the donee are husband and wife or vice versa
(b) where the donor and donee are within prohibited degrees of relationship
(c) where the gift has substantially increased in value
(d) None of the above
Ans: (d)

Q15: A Muslim girl, who married before attaining the age of 15 years with the consent of his father or guardian can repudiate the marriage on? 
(a) Before the age of 18
(b) On attaining puberty
(c) Within one year of attaining puberty
(d) Both B and C
Ans: (a) 

The document Practice Based Questions on Muslim Laws on Marriage & Divorce: A Sacred Contract and Dissolution | Legal Reasoning for CLAT is a part of the CLAT Course Legal Reasoning for CLAT.
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FAQs on Practice Based Questions on Muslim Laws on Marriage & Divorce: A Sacred Contract and Dissolution - Legal Reasoning for CLAT

1. What are the requirements for a valid marriage under Muslim laws?
Ans. According to Muslim laws, there are certain requirements for a valid marriage. These include: - Consent of both parties: Both the bride and groom must willingly agree to the marriage. - Presence of witnesses: At least two witnesses must be present during the marriage ceremony. - Mahr: The groom must provide a gift or payment, known as mahr, to the bride as a symbol of his commitment and responsibility towards her. - Legal age: Both the bride and groom must have reached the legal age of marriage, which is 18 years for males and 16 years for females.
2. Can a Muslim woman initiate divorce?
Ans. Yes, a Muslim woman has the right to initiate divorce under certain circumstances. According to Muslim laws, a woman can seek divorce through various methods such as: - Talaq-e-Tafweez: If the marriage contract includes a clause allowing the wife to divorce, she can invoke this provision. - Khula: A woman can seek divorce by offering financial compensation to her husband in exchange for her release from the marriage. - Faskh: A woman can approach a Shariah court and seek annulment of the marriage if she can prove valid grounds for dissolution, such as cruelty, neglect, or inability to fulfill marital obligations.
3. What is the concept of a sacred contract in Muslim marriage?
Ans. In Muslim laws, marriage is considered a sacred contract between a man and a woman. It is a solemn agreement that establishes their rights and obligations towards each other. The concept of a sacred contract emphasizes the importance of mutual consent, respect, and commitment in marriage. It also highlights the belief that marriage is not merely a social or legal arrangement but a spiritual bond that should be entered into with sincere intentions and a sense of responsibility.
4. How can a Muslim marriage be dissolved?
Ans. A Muslim marriage can be dissolved through various methods, including: - Talaq: The husband has the right to unilaterally divorce his wife by pronouncing talaq. This can be done orally or in writing, following the prescribed procedure. - Khula: If both parties mutually agree to end the marriage, the wife can seek divorce by offering financial compensation to the husband. - Judicial divorce: In certain cases, such as when the husband refuses to grant a divorce or when there are valid grounds for dissolution, a Muslim woman can approach a Shariah court and seek judicial divorce.
5. What are the grounds for divorce in Muslim laws?
Ans. Muslim laws recognize several grounds for divorce, including: - Adultery: If one spouse engages in extramarital affairs, the other spouse may seek divorce on the grounds of adultery. - Cruelty: If one spouse treats the other with cruelty, either physically or mentally, it can be a valid ground for divorce. - Desertion: If one spouse abandons the other without any valid reason, the abandoned spouse may seek divorce on the grounds of desertion. - Incompatibility: If the spouses are unable to live together harmoniously due to irreconcilable differences, they may seek divorce on the grounds of incompatibility.
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