Muslim Law MCQ Quiz in मल्याळम - Objective Question with Answer for Muslim Law - സൗജന്യ PDF ഡൗൺലോഡ് ചെയ്യുക

The correct answer is Musha.

Key Points

• Musha, also known as Hiba-bil-musha, literally means confusion. It is a gift that conveys an undivided share in the property to the donee. Hence, the gift of Musha represents an undivided portion of the property. In the Hanafi school (Sunni), there is a prohibition against Musha, and if the property is divisible, it must be divided first before transferring the share.
• According to the Hanafi Sunnis, the gift will be irregular if a divisible Musha property is gifted without dividing it. However, if the property is indivisible, such as the gift of the right to use stairs or a pathway passing through the property, Musha is allowed.
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The correct answer is Legal effects of a valid marriage.

Key Points

• Abdul Kadir v Salima is one of the most important cases on the nature of Muslim marriage and its legal consequences in British India.
• 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 (dealing among men).

The correct answer is Uchit Sakshi.

Key Points

• The main essentials of a valid marriage in Muslims are as follows:
  1. Proposal (Ijab)
  2. Acceptance (Qubul)
  3. Consent (Iqrar)
  4. Sufficient Witnesses (Uchit Sakshi)
  5. Capacity (Kabil)
  6. No impediments to marriage (Rukabat nahi hai)
• However, under the Shia Law, the witnesses are not essential. They are required at the time of dissolution of marriage.

The correct answer is either 1) or 2).

Key Points

• Hanafi, Shafi and Hanbali Schools requiretwo adult male witnesses or one male plus two females.However, in Malliki or Ithana Ashari's law, the presence of witnesses is recommended but not mandatory.

The correct answer is father alone.

Key Points

• In Muslim law, guardianship is based on the principle of the welfare and best interests of the child or person incapable of managing their own affairs (child). It is a legal relationship where a guardian is appointed to safeguard the rights and interests of the child. Guardianship covers both personal and property matters, ensuring the overall welfare of the child.It is known as HIZANAT in Muslim law. Sometimes, they are interpreted to mean the same thing. These two parts of guardianship, however, are distinct and are subject to different regulations under Islamic law.

• A child is under the general control of their guardian during their entire childhood. The natural guardian of the minor is his father, his executor, or, in his absence, his paternal grandparents. Contrarily, "custody of the child" only refers to the child's actual possession (custody) until they reach a specific age. The mother has a right to custody of the kid up until the child reaches a certain age, even though she is not the child's natural guardian according to Islamic law. However, the minor is under the full jurisdiction of the father or the paternal grandpa for the whole duration of their minor status.

Additional Information

• According to Muslim law, the following guardianships are acceptable:
  -Legal/Natural Guardian
  -Testamentary Guardian
  -Statutory Guardian or a Court-appointed Guardian
  -De facto Guardian

The correct answer is Option 3.

Key Points

• Section 2 of the Dissolution Of Muslim Marriages Act, 1939 deals with grounds for decree for dissolution of marriage.
• A woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely- 
  • that the whereabouts of the husband have not been known for a period of four years;
  • that the husband has neglected or has failed to provide for her maintenance for a period of two years;
  • that the husband has been sentenced to imprisonment for a period of seven years or upwards
  • that the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years;
  • that the husband was impotent at the time of the marriage and continues to be so;
  • that the husband has been insane for a period of two years or is suffering from virulent venereal disease;
  • that she, having been given in marriage by her father or other guardian before she attained the age of fifteen years, repudiated the marriage before attaining the age of eighteen years:

The correct answer is Section 5

Key Points

• Under Section 5 of The Muslim Women (Protection of Rights on Divorce) Act, 1986, divorced Muslim women and their former husbands are given the choice to opt for the provisions of sections 125 to 128 of the Code of Criminal Procedure, 1973, instead of the stipulations under this specific act.
• This choice must be declared either jointly or separately by both parties through an affidavit or any other formal written declaration, which should be presented in a form prescribed by law.
• This declaration needs to be filed at the court during the first hearing of an application under sub-section (2) of section 3 of the act. The first hearing refers to the date set within the summons for the respondent to appear in court.
• Once the affidavit or declaration is submitted, the Magistrate is required to handle the application as per the chosen provisions of the Code of Criminal Procedure, specifically sections 125 to 128.
• These sections typically deal with the maintenance and support obligations, providing an alternative framework for divorced women to seek maintenance, aligning with the broader criminal procedural laws that are generally applicable to all citizens.

The correct answer is Urf

Key Points Primary sources of Muslim law are:-

• Quran
• Sunnat
• Ijma
• Qiyas

The secondary sources of Muslim law are:

• Urf or Custom
• Judicial decision
• Legislation
• Equity, Justice, & Good conscience

The correct answer is Shamim Ara Vs. State of U.P., A.I.R. 2002 S.C.R

Key Points

• In Shamim Ara v. State of U.P. (2002), the Supreme Court held that the practice of triple talaq (three talaqs in one sitting) is not valid.
• The Court ruled that such a triple talaq should be treated as a single talaq, and the husband must observe the iddat period before the divorce becomes effective.
• This judgment aimed to prevent instant and irrevocable divorce by triple talaq and to protect the rights of Muslim women.

Additional Information

• Option 1. Mohd Ahmad Khan vs. Shah Bano (1985): This case dealt with maintenance rights of divorced Muslim women, not the validity of triple talaq.
• Option 2. Bai Taheri vs. Ali Hussain (1979): This case did not specifically address the issue of triple talaq.
• Option 4. None of the above: Incorrect because Shamim Ara is the correct and relevant case.

The correct answer is On the expiration of Iddat period

Key Points

• The "Ahsan Form" of talaq is a recognized form of divorce under Muslim law, characterized by a single pronouncement of talaq during a valid period of purity (tuhr).
• After the first pronouncement of talaq, the husband does not divorce the wife immediately; instead, the talaq becomes effective only after the completion of the 'iddat' period (waiting period).
• The iddat period typically lasts for three menstrual cycles or, in the case of pregnancy, until the birth of the child.
• During the iddat, the husband can revoke (take back) the talaq, thereby restoring the marriage.
• If the iddat period expires without revocation, the divorce becomes final and irrevocable.
• This form emphasizes reconciliation and provides a cooling-off period, reducing hasty divorces.

Additional Information

• Option 1. From the moment of pronouncement: Incorrect – Talaq in Ahsan form is not effective immediately; it becomes effective after the iddat period.
• Option 3. On the third pronouncement: Incorrect – This refers to the "Triple Talaq" or Talaq-e-Biddat, not Ahsan form.
• Option 4. From the execution of writing of talaq-nama: Incorrect – Talaq-nama (written talaq) is a formal documentation but does not determine effectiveness timing in Ahsan form.