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

The correct answer is Option 3.

Key Points

• Under Muslim Law, a bequest (will) in favour of a child in the womb (also called an unborn child) is valid, provided certain conditions are met:
  • Under Sunni Law:
    • The child must be born alive.
    • The child must be born within 6 lunar months from the date of the will.
    • This is based on the minimum gestation period presumed under Islamic jurisprudence.
• Under Shia Law:
  • The child must be born alive, and
  • Must be born within 10 lunar months from the date of the testator’s death (not the will).
  • The Shia school allows a longer gestation period, hence the 10-month limit.

Additional Information

• Within 3 months of the date of will – Too short; not recognized by either Sunni or Shia law.
• Within 4 months of the date of will – Also incorrect; does not meet the minimum requirement under Sunni or Shia law.
• None of these – Incorrect because the combined 6-month (Sunni) and 10-month (Shia) rule is well established.

The correct answer is Void

Key Points

• Iddat is a mandatory waiting period a Muslim woman must observe after the death of her husband or divorce, during which she cannot remarry.
• The primary purposes of Iddat are to:
  • Determine pregnancy, and
  • Maintain clarity of lineage.
• Marriage during Iddat is considered absolutely unlawful (Batil) under Muslim personal law — meaning null and void from the very beginning.
• Any marriage solemnized during the Iddat period has no legal effect, and the parties are not treated as husband and wife under the law.

The correct answer is Mother

 Key Points

• Under Muslim Law, an illegitimate child (i.e., a child born outside a valid marriage) is generally not recognized as the lawful child of the father.
• Therefore, such a child has no right of inheritance from the father and does not fall under his guardianship.
• The mother is considered the natural guardian and has the right to custody (Hizanat) of the illegitimate child.
• The responsibility of maintenance and care also falls upon the mother, not the father.

The correct answer is Triple Talaq

Key Points

• Shayara Bano v. Union of India (2017) is a landmark Supreme Court case concerning Muslim personal law.
• The case challenged the constitutional validity of "Talaq-e-Biddat", also known as Instant Triple Talaq, where a Muslim man could divorce his wife by pronouncing "talaq" three times in one sitting.
• The Supreme Court, in a 3:2 majority decision, declared Triple Talaq unconstitutional, holding it to be arbitrary and violative of Article 14 (Right to Equality) of the Indian Constitution.
• This case led to the passing of the Muslim Women (Protection of Rights on Marriage) Act, 2019, which made Triple Talaq a criminal offence.

The correct answer is Universal 

Key Points 

• Waqf is a permanent dedication of property (usually movable or immovable) by a Muslim for religious, pious, or charitable purposes under Muslim law.
• The legal incidents (features) of a valid waqf are:
  • Irrevocability: Once declared, a waqf cannot be revoked by the wakif (person who creates it).
  • Perpetuity: A waqf is meant to exist forever — it does not end with the death of the wakif.
  • Inalienability: The waqf property cannot be sold, gifted, or inherited; it is taken out of the wakif's ownership permanently.
• "Universal" is not a legal feature or incident of waqf. It is a vague term here and does not define any essential or legal character of waqf under Islamic law.

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:
  • This landmark case was a Writ Petition filed in the Supreme Court of India in 2016 by Shayara Bano, challenging the constitutional validity of certain practices in the Muslim community, namely talaq-e-biddat (instant triple talaq), polygamy, and nikah-halala.
  • Talaq-e-biddat: It refers to the practice of instant divorce, where a Muslim man could unilaterally divorce his wife by uttering "talaq" three times in one sitting. Shayara Bano argued that this practice violated her fundamental rights under Articles 14 (equality), 15 (non-discrimination), 21 (right to life and personal liberty), and 25 (freedom of religion) of the Indian Constitution.
  • Outcome: In 2017, the Supreme Court declared talaq-e-biddat unconstitutional and struck it down by a 3:2 majority. The judgment was significant as it upheld the fundamental rights of Muslim women and reinforced the need for gender equality within personal laws.
  • The case also brought attention to other practices like polygamy and nikah-halala, but these were not directly addressed in the final judgment.

Additional Information

• Brief Overview of Other Options:
  • National Legal Services Authority v. Union of India: This case, decided in 2014, recognized transgender people as the "third gender" and upheld their fundamental rights under the Constitution. It is unrelated to the issue of talaq-e-biddat or personal laws in the Muslim community.
  • Peoples Union for Democratic Rights v. Union of India: A 1982 case concerning labor rights and bonded labor, focusing on the interpretation of Articles 21 and 23 of the Constitution. It does not pertain to Muslim personal laws or gender equality.
  • Mohd. Ahmed Khan v. Shah Bano Begum: Known as the Shah Bano case (1985), it dealt with the issue of maintenance under Section 125 of the CrPC for divorced Muslim women. While it highlighted the conflict between personal laws and constitutional principles, it is distinct from the issue of triple talaq addressed in Shayara Bano.
• Significance of Shayara Bano Case:
  • The judgment was a step forward in reforming personal laws and ensuring gender justice within the framework of the Constitution.
  • It paved the way for the enactment of the Muslim Women (Protection of Rights on Marriage) Act, 2019, which made instant triple talaq a punishable offense.

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