1989-2000 MUSLIM LAW

1989-2000 MUSLIM LAW


Q.(i) A, a sunni, has a son S and a grandson G by S. S, negligently causes the death of A. Can S succeed to the estate of A? Would it make any difference if the parties were governed by the Shia Law?

(ii) 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 makes any difference if the family had been governed by the Shia law? (D.J.S. 1989)


Q.(a) What do you understand by option of puberty (Khayar-ul-bulugh).

(b)  A Muslim minor girl is given in marriage by her father, when she attained the age of 17½ years. She repudiated the marriage and brought a suit for dissolution of her marriage. What facts she is required to prove in order to succeed? Can the husband successfully resist the suit on any ground?

Would it make any difference if the party repudiating the marriage is the husband?

(c) C, a Muslim executed a deed of gift of a house in favour of D. At the time of gift, the house was in possession of A who claimed it adversely to C. D sues A to recover possession of the house as donee of the property and joins. C also as defendant. C in his written statement admits claim of D. A contends that the gift is void since C had no possession of the house at the date of the gift and no possession was ever given to D.

(d) A Hindu, who has a Hindu wife and children, embraces Islam and marries a Muslim wife and begets children. On his death his Hindu widow and children claim a share in his assets. A re they entitled to a share? (D.J.S. 1990)


Q.(a) What are the essentials of a Valid Gift under the Mohammedan Law? Does Mohammedan Law make any distinction between ancestral or self acquired property or movable or immovable property.

(b) A gift of a house was made by donor 'X' to donne 'Y' without delivering the title deeds; no mutation of name was effected and the donor continued to pay the house-tax. Comment whether gift is valid.

(c) A Mohammedan 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 I.P.C.

(d) Is a stipulation between husband and wife, conferring the right on the wife to divorce herself permissible under Mohammedan Law? If so, is it conditioned by pre-requisites? What are the principles on which Mohammedan Law recognizes such a stipulation? (D.J.S. 1991)


Q. It is often said that "Muslim Marriage is a Civil Contract." Can parties to this contract put any condition to contract they like? Discuss. (D.J.S. 1996)


Q. Nazma a Muslim girl was married to Ahmed when she was 13-year-old. After 6 months she went back to her father's house and refused to come back to Ahmed's house. Ahmed filed a petition for restitution of conjugal rights. Nazma pleaded she is no longer his wife as immediately on attaining the puberty she had repudiated the marriage with him. In rejoinder Ahmed pleaded consummation of marriage and stated that she had lost the right of option to repudiate the marriage on attaining puberty. Decide who will succeed. Give reasons. (D.J.S. 1996)


Q. Mahmood has got property worth Rs.10 lacs. He has to pay Rs.one lac to his creditor and Rs.50,000/- to his wife as dower. He bequeaths his entire property by will in favour of his son. Mahmood dies without discharging his debt. Whether the son will succeed on Wasiyat? Discuss. (D.J.S. 1996)


Q. Akbar an NRI resides in London offers to marry Waheeda in Delhi by long distance call over the phone. Waheeda accepts the offer on phone. In this a valid marriage under Muslim Law? Discuss. (D.J.S. 1996)

Q.(a) Who are the Guardians of a Muslim minor under Mohammedan Law?

(b) 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 for herself and her son. Is the sale valid?

(c) What are various modes of pronouncing Talak in Mohammedan Law?

(d) Under Section 3(1)(b0 of Muslim Women (Protection of Rights on Divorce) Act, 1986 the husband is required to pay maintenance to the children for a period of 2 years from the respective date of birth of the children. What remedy is available for the maintenance of children after 2 years period. Discuss. (D.J.S. 1999)


Q.(a) What is meant by 'Wakf? If a Wakf is valid, without designating a "Mutawalli"? How can a Mutawali be appointed and by whom?

(bWho can be de facto and de jure Guardians respecting Minor's property under the Mohammedan Law? To what extent a de facto guardian of a minor can alienate the immovable and movable property of a minor?

(c) A divorced Muslim woman is entitled to get a fair and reasonable provision made for her livelihood under section 3(1) of the Muslim Woman (Protection of Right on Divorce) Act, after the period of 'Idaat', apart from her right to get maintenance during the period of 'idaat'. Discuss about the liability of a Muslim to maintain his divorced wife during her life time, if she does not remarry.

(d) What are the essential requirements of a valid gift or 'hiba', under the Mohammedan law? (D.J.S. 2000)


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