Divine Institute for Judicial services


Mains Test Series
Muslim Law

Maximum Marks - 200
Time - 3 Hrs

  • "Marriage in Islam is not regarded as a mere civil contract, but a religious sacrament too" - Mr. Justice Shah Sulaiman. Learned Abdur Rahim has also thrown light on the same. Comment giving the legal effects of a valid marriage.      [15 marks]
  • What is khilwat-us-sahih under Muslim Law?      [05 marks]
  • (a) Narrate the importance and function of 'dower' in Muslim Law.      [05 marks]
    (b) Discuss the rights and liabilities of Muslim Widow who is in possession of her deceased husband's property write in lieu of her unpaid dower.
  • What are the different modes of 'Talaq' under Muhammadan Law? Explain them. Discuss the grounds on which Supreme Court of India declared 'Talaq-ul-Biddat' as unconstitutional.      [15 marks]
  • Discuss the law relating to the right of divorce Muslim woman to claim maintenance?      [10 marks]
  • Define 'Hizanat'. Can this right be lost? If so, under what circumstances.      [15 marks]
  • Salma, a girl of 5 years was Married to Rahim, a boy of 8 years in 1994. Their marriage was consummated in 2003 Salma is now 17 years old and she doesn't want to continue her marriage with Rahim. Is her marriage as a minor child valid? What remedy is available to Salma under the Muslim Law? Would the case be different if the marriage was consummated in 2002 or if both parties were Hindus. Decide with the help of case law.      [20 marks]
  • A Mohammedan male dies leaving behind widow and a minor son. He had some immovable property which is sold by widow claiming that she needs money after herself and her son. Is the sale valid ?      [15 marks]
  • "Muhammadan Law was applied to Muslim in British India as a matter of policy". Examine this statement and point out the reasons which dictated British to follow this policy. Does shariat apply to Indian Muslims in cases of Crime and Evidence.      [10 marks]
  • In a wakf created by one A, the value of wakf property was ₹ 50,00,000. The Mutawalliship and Naib-Mutawalliship ran in the family if the wakf from generation to generation. The wakf is for religious purpose but it also provided for payment of substantial allowance for the mutawalli and Nabi Mutawallis and for family member in various portion?      [15 marks]
  • Write short note on:
    (i) Musha
    (ii) Hiba-bil-iwaz
    (iii) Marz-ul-maut transactios
    (iv) Doctrine of Iqrar
    (v) Ila      [20 marks]
  • A, a Sunni, bequeaths one-third of his estate to B, one-fourth to C and One-fifth to D, A's heirs refuse their consent to the bequest. How will this refusal affect the rights accruing to B, C and D from the bequest? Would it make any difference if the family had been governed by Shia Law?      [15 marks]
  • A Muhammadan husband becomes a convert to Christianity. The wife then marries another man before expiration of the period of Iddat. State if she is guilty of bigamy under section 494 IPC.      [10 marks]
  • Explain the terms 'paternity' and maternity under Muslim Law. Distinguish between 'legitimacy' and 'legitimation'. Does Koran recognize adoption? Refer to case law, How does acknowledgement of paternity take place?      [15 marks]