Muslim Law MCQ Quiz - Objective Question with Answer for Muslim Law - Download Free PDF

The correct answer is on the expiration of Iddat period

Key Points

• Ahsan form of talaq involves a single pronouncement of talaq during a period of purity (tuhr).
• After this single pronouncement, the talaq does not become effective immediately.
• The husband must wait through the iddat period (usually three menstrual cycles) during which reconciliation is possible.
• If the talaq is not revoked during iddat, the divorce becomes final and effective after the iddat period ends.

Additional Information

• Option 1. From the moment of pronouncement: Incorrect because talaq in Ahsan form is not immediate; it requires iddat.
• Option 3. On the third pronouncement: This relates to triple talaq (Talaq-e-Biddat), not Ahsan form.
• Option 4. From the execution of writing of talaq-nama: Incorrect as talaq effectiveness depends on iddat, not the paperwork.

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 of adultry

Key Points

• Lian serves as a legal remedy for a wife who faces a false accusation of adultery by her husband.
• In a society where a woman’s honour is highly valued, this remedy is significant, ensuring that a woman is not left helpless against baseless and defamatory allegations.
• Lian is not an invention of the modern era but finds mention in the Quran (Surah An-Nur, verses 6-9).
• The holy text details what must be done if a husband accuses his wife but cannot produce four witnesses.
• Both spouses are required to take solemn oaths, invoking Allah’s curse upon themselves if they are lying.
• This ancient safeguard highlights Islam’s emphasis on both the gravity of adultery and the seriousness of making such accusations.

The correct answer is ​Valid

Key Points

• Under Muslim law, for a bequest (wasiyyah) to be valid, the testator (person making the will) must express his intention clearly, either verbally, in writing, or through gestures.
• In this case, although the sick man was unable to speak due to weakness, he gave a nod of his head to signify his intention.
• Such a non-verbal but clear expression of intention is recognized as valid in Islamic law, provided it is clear and unambiguous.
• Since the nod was an intentional act to express his will, the bequest is considered valid, even though he died without regaining the power of speech.
• The key principle is that the testator’s intention to bequeath must be evident, and in this case, it was shown through the nod.

Additional Information

• Option 1. Void: Incorrect – The bequest is not void because the intention was clearly expressed.
• Option 2. Irregular: Incorrect – The bequest is not irregular; it is legally valid.
• Option 4. None of the above: Incorrect – Because the bequest is valid, this option is not applicable.

The correct answer is Guardian

Key Points

• Under Muslim law, when a minor is to be married, the consent of the guardian (usually the father or paternal grandfather) is required.
• If there is a conflict between the minor’s views and the guardian’s decision regarding the marriage, priority is given to the guardian’s decision.
• This principle is based on the idea that the guardian is presumed to act in the best interests of the minor, who is considered not fully competent to make such decisions.
• The guardian’s consent is essential to validate the marriage of a minor under Muslim law.
• However, if the minor is of sound mind and mature, some schools of Islamic law may give weight to the minor’s consent, but traditionally guardian’s consent is given precedence.

Additional Information

• Option 1. Minor: Incorrect – The minor’s preference does not override the guardian’s consent.
• Option 3. State: Incorrect – The State does not intervene directly in such disputes under Muslim personal law.
• Option 4. Court: Incorrect – Courts do not automatically intervene to decide between minor and guardian unless a petition is filed.

The correct answer is Shamima Farooqui v. Shahid Khan.

Key Points

• The Supreme Court of India upheld that a Muslim wife can claim maintenance under Section 125 of the Code of Criminal Procedure (Cr.P.C.) even after divorce in the case of Shamima Farooqui v. Shahid Khan.
• Section 125 Cr.P.C. provides a legal remedy for neglected wives, children, and parents to claim maintenance irrespective of their religion.
• The judgment reaffirmed that the statutory obligation to provide maintenance under Section 125 Cr.P.C. is distinct from personal laws.
• In this case, the court emphasized that the right to maintenance is a measure of social justice and cannot be denied based on religion or gender.
• The decision aligns with the constitutional mandate to ensure protection and dignity for women in a pluralistic society like India.

Additional Information

• Section 125 Cr.P.C.
  • It is a provision under the Indian Code of Criminal Procedure that mandates maintenance for neglected wives, children, and parents.
  • The objective is to prevent vagrancy and destitution by providing financial support to dependents.
  • It applies universally, irrespective of personal laws or religion.
• Maintenance under Muslim Law
  • Under Muslim personal laws, a wife is entitled to maintenance during marriage and for the iddat period (waiting period) after divorce.
  • However, Section 125 Cr.P.C. allows a divorced Muslim woman to claim maintenance beyond the iddat period.
• Landmark Case: Shah Bano Case (1985)
  • This case dealt with maintenance rights of a divorced Muslim woman under Section 125 Cr.P.C.
  • The Supreme Court ruled in favor of Shah Bano, stating that maintenance under Section 125 overrides personal law limitations.
  • The judgment led to the enactment of the Muslim Women (Protection of Rights on Divorce) Act, 1986.
• Muslim Women (Protection of Rights on Divorce) Act, 1986
  • This law was introduced to address concerns raised by the Shah Bano case judgment.
  • It limits a Muslim woman's right to maintenance to the iddat period, but subsequent judgments have clarified that Section 125 Cr.P.C. remains applicable.

The correct answer is 'Shayara Bano v. Union of India'

Key Points

• Shayara Bano v. Union of India:
  • The practice of "talaq-e-biddat" or instant triple talaq allows a Muslim man to divorce his wife by uttering "talaq" three times in one sitting, without the need for any justification or reconciliation process.
  • In the landmark case of Shayara Bano v. Union of India (2017), the Supreme Court of India declared the practice unconstitutional, holding it as discriminatory against women and violative of their fundamental rights under Articles 14 (Equality before the law), 15 (Prohibition of discrimination), and 21 (Right to life and personal liberty).
  • The court emphasized that triple talaq is not an essential practice of Islam and hence does not enjoy constitutional protection under Article 25, which guarantees religious freedom.
  • The judgment paved the way for legislative intervention, leading to the enactment of the Muslim Women (Protection of Rights on Marriage) Act, 2019, which criminalized the practice of triple talaq.

Additional Information

• Shabnam Hashmi v. Union of India:
  • This case dealt with the adoption rights of individuals belonging to different religious communities. The Supreme Court held that the right to adopt a child is available to all citizens irrespective of their religion under the Juvenile Justice Act.
  • It does not relate to the issue of triple talaq or talaq-e-biddat.
• Jubair Ahmad v. Ishrat Bano:
  • This case pertains to family disputes but is not a landmark judgment addressing the constitutionality of triple talaq.
  • It does not hold any significance regarding talaq-e-biddat.
• Sarla Mudgal v. Union of India:
  • This is a landmark case that dealt with issues related to bigamy and the conflict between personal laws and the uniform civil code under Article 44 of the Constitution.
  • It highlighted the need for a uniform civil code but did not address the issue of triple talaq.

The correct answer is option 4Key Points

•  Chapter 7 of Transfer of Property Act 1882 does not cover the gift under Muslim law. So, the Muslim Personal law governs the Muslim gift or “Hiba”.
• A written deed of gift is not an essential ingredient of gift under the Mohammedan law.
• There are mainly three essential conditions which need to be fulfilled for the successful transfer of property or making of a gift by a Muslim person. These conditions are as follow:
  • Declaration of gift by the donor.
  • Acceptance of gift by the donee.
  • Transfer of possession by the donor and it’s acceptance by the donee.

The correct answer is Option 1.

Key Points

• The Supreme Court of India ruled on the matter of registration of gifts under Muslim Law in the case of Hafeeza Bibi and others v. Shaikh Farid & others (2011) 5 SCC 654. In this landmark judgment, the Court held that under Muslim Law, the gift of immovable property which fulfills the essential requirements of a valid gift—namely declaration of the gift by the donor, acceptance of the gift by the donee, and delivery of possession—does not require compulsory registration, even if the gift is reduced into writing.
• This ruling clarified that as long as the three essentials of a valid gift under Muslim law are satisfied, the lack of registration does not invalidate the gift. This decision emphasizes the importance of adherence to Muslim personal law, under which the oral nature of transactions can still fulfill legal requirements if all essential conditions are met.

Therefore, the correct answer is: Hafeeza Bibi and others v. Shaikh Farid & others (2011) 5 SCC 654.

The correct answer is Ila.

Key Points

• Ila in its primitive sense signifies a 'vow'. It is when a person swears that he will not have sexual intercourse with his wife and abstains from it for four months; an irreversible divorce is effected on its termination.

• If intercourse is had within a period of four months, the Ila shall lapse but he has to atone for breaking his oath. Where the husband having made Ila abstains from having intercourse with his wife for four months, the marriage is dissolved with the same legal results, as if there had been an irrevocable divorce pronounced by the husband.

The correct answer is not compulsorily registrable.

Key Points

• Delivery of possession being essential to the validity of a gift, it follows that if there is no delivery of possession, there is no valid gift.
• Under the Mohammedan law, a valid gift can be affected by delivery of possession, and if there is delivery of possession, the mere fact that there is also an unregistered deed of gift does not make the gift invalid.

The correct answer is option 3.Key Points

• Section 2 of Dissolution of Muslim Marriage Act, 1939 deals with grounds for decree for dissolution of marriage.
• A woman married under Muslim law shall be entitle 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 a 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 :
    •  Provided that the marriage has not been consummated.
  • That the husband treats her with cruelty, that is to say, —
    • Habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment, or
    • Associates with women of evil repute or leads an infamous life, or
    • Attempts to force her to lead an immoral life, or
    • Disposes of her property of prevents her exercising her legal rights over it, or
    • Obstructs her in the observance of her religious profession or practice, or
    • If he has more wives than one, does not treat her equitably in accordance with the injunctions of the Qoran;
  • On any other ground which is recognised as valid for the dissolution of marriages under muslim law :

The correct answer is Dissolution of marriage with mutual consent.

Key Points Under Mubarat, both husband and wife are against the continuation of marriage and want to separate.

• Either the husband or the wife can make the offer.
• The other must accept it.
• When accepted, it becomes irrevocable
• Iddat period necessary

The correct answer is Custom 

Key Points The secondary sources of Islamic law are following;-