Family Law – 2 (Muslim Law) 3rd Semester 2nd Year CCSU, Meerut Important Questions

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Q.1. Explain the main sources of Mohammedan Law. Discuss the role of Koran and custom. Or Describe the primary or formal sources of Mohammedan Law. Discuss the contribution of Legislation and Judicial decisions regarding evolution of Mohammedan Law. Or ‘The lloly Quran is the first and fundamental but not the only source of Islamic Law.’ Comment. Or Explain the sources of Muslim Law and state briefly the difference between Shia and Sunni schools.

Q.2. Describe, who are Mohammedans and what are their main sects. Point out the reasons that led to the formation of the Sunni and Shia Schools of Mohammedan Law. Or Explain the different schools under the Muslim law of Sunni and

Q.3: Define Nikah and discuss its nature and objects under Muslim law. Or Is marriage according to Mohammedan Law a civil contract and not a sacrament? Comment. ….. …………….. ………… . …..

Q.A. Illustrates the essentials of a Muslim Marriage and also discuss what marriages are prohibited under Muslim Law? .

Q.5 Examine the kinds of marriages under the Muslim law on the basis of their validity and establish the differences among them. Or Distinguish between valid (Saliih) void (Batil) and irregular Wasid) marriages and point out the effects of each of such marriages.

Q.6a). What do you mean by a Muta marriage ? What are its incidents ?Distinguish it from Nikah.

Q.6b). Describe the nature and scope of ‘option puberty’. To what extent have its provisions been modified by legislature? Or. What is Khyar-ul-bulugh? Under what circumstances can a minor of either sex repudiate the marriage? What are limitations, if any, to suchrepudiation? .

Q.7. What are the grounds of prohibitions to marriage in Muslim Or Explain in detail the legal disabilities to marriage in Muslim Law?

Q.8. What is lddat ? Discuss the incidents, rights and duties of the partiesduring Iddat period.

Q.9. Explain and define dower (Mahr) and discuss its stature. What is the importance of dower in the Muslim law of marriage. State the object of dower

Q.10. Describe specified Dower (Mahr-i-Musamma) and proper Dower (Mater-ul-Mis1). Point out the differences between prompt and deferral slower.
Or Explain the kinds of dower. What are differences between prompt dowerand deferred dower?
Q.1 I. Describe the remedies available to the wife in case of non-payment of Mater to her. Or Explain She modes which has recognised by the Muslim Law for the enli►eeittent of dower.

Q.12. Describe the different modes of Talaq recognised under Muslim I Alw. Describe the procedure of pronouncing different kinds of Talaq. When does Talaq become irrevocable? Or Examine the different kinds of Talay and distinguish between Sunni

Q.13. Explain the grounds on which a wife married under the Muslim Law can obtain decree for the dissolution of her marriage under Dissolution of Muslim Marriages Act, 1939. Or Who can sue for dissolution of marriage under the provisions of the Dissolution of Muslim Marriages Act, 1939 ? On what grounds can a marriage be dissolved under this Act ?

Q.14. Examine the concept of Khula and Mubarat and distinguish

Q.15a). Explain the concept of Ila and Zihar. 53 Q.15b). Explain the concept of notes on Lian and Faskh.

Q.15c). With reference to Mohd. Ahmad Khan Vs. Shah Bano Begum, A.I.R. 1985 S.C. 945 briefly describe the right of maintenance of a Muslim woman against her husband. In what respects the Parliament has altered this law? Or
Explain maintenance. Who are entitled for the maintenance according to Muslim Law? Is a Mohammedan divorced lady entitled to maim:wince?

Q.16a). Who is a minor under Muslim Law ? (h) What are the various kinds of Guardians recognised under Muslim Law?

Q.17a). Describe the powers of the Guardians °fa muslin] minor in respect of his person, propertyr and ma rraige. Discuss fully. Or What are the powers of the de facto guardians of the minors property? Or What is II izanat? When mother’s right to the custody is lost?

Q.17b). Define and state the nature of the right of pre-emption. What are the grounds of its justification ? Or ‘The right of pre-emptinn is not a right of repurchase from the vendee. But it is a right of substitution entitling the pre-emptor to slam! in the shoes of purchaser.’ Comment.

Q.17e). When is the right of pre-eruption lost? What are the devices to defeat the rigt of pre-emption?

Q.17d). Distinguish between. 72 (I) lima and Qiyas (2) Will and liiha (3) Public and private Waki (4) Prompt and deferred dower (5) Talaq-ui-Sunmat and Talak-ui-hiddat Q. 17e). What do you mean by gift (I liba) ? What are the kinds of I I iha ? What are the essential conditions of a valid gift amkr Muslim Law ? When can a gift be revoked ? 74 Q. I 7f). is delivery of possession essential for the validity of gift under Muslim Law ? If so, under which circumstances delivery of possession is not necessary ? Discuss. Or I low is the delivery ofpossession ofinunovable property made under the Mohammedan Law of Gift ?Are there any eases in which delivery of possession is not considered necessary fur the validity of Iliba ? lf so, explain them.

Q.183). What is Iliba-bit-iwaz andiliba- Shart-td-iwat..? What are the differences between them? Or Define Hiba-bit-iwa-z and itilia-shart-uNwaz, and distinguish them. 79 Q.1819. Life estate is unknown to Muslim Law, but life interest may be created by means of Flilwa, Explain the statement with the help of decided eases. 80 Q.18c). Describe Mari.-ul-maut. What. is the law regarding death-
(1) bed gills and aeknowlmIginent of debt 9 81 Q.18d). Write short notes on the following : 82 (1) Gift of Ilk interest. (2) NI ushaa. (3) I liba-bil-lwaL (4) I liba-Shart-ill-Iwat. (5) Aareeat and Sadaga. Q.18e). Write short notes on— 85 (1) Liam (2) Sajjadanashin. (3) Pin-Money. (4) Doctrine of cypres. (5) Muslim Women (Protection of Rights on Divorce) Act, 1986. Q.180. Define will. WhO can make a will ? What formalities are necessary for a valid will and in whose favour can it be made ?

Q. 18g). Explain the restrictions laid down by the Muslim Law on a person desiring to dispose of his property by will? When will can be revoked? What are the differences between Shia and SUM Ili Law regarding will 9 89 Q.I811). Define Wag What are its essentials and characteristic features ? What are the legal and illegal objects of Wacif ?

Q.19a). Who is Mut:m:111i ? Who eail appoint Muatawalli ? Or Who may be appointed Mutawalli ? Can a female, minor and non-mushm be appointed Mutaawaalli

Q.19b). Describe the powers and functions of MU1Widli. Is the office of klutawaiii transferable ? llow can a Mutwalii be removed from his office ? Can a person make a valid waqf in favour of his children and family i.e. watif-alal-aulad

Q.20. Explain the special features of Mohammedan Law of inheritance, bring out the main difference between the Sunni and Shia law in this matter. Or What are the general principles of Muslim Law of inheritance.?