PCS-J Interview Questions on Muslim Law

Like a void marriage. It has no legal effect. The wife is not entitled to dower neither divorce, nor the intervention of a court is necessary. In this marriage wife is not entitled to observe iddat.

Effect of after consummation:

1.Wife has to observe iddat.

2.The parties must be separated by the Courts.

3.Wife is not entitled to get a specified or proper dower whichever is less.

4.Such marriage may be terminated by a single declaration on either side.

Q. What is ‘Muta marriage’? What are its significances? Whether is it applicable in India?

Ans. Muta marriage is a kind of temporary marriage recognized in the Shia school of Muslim Law. This marriage is not applicable in India.

Q. What is the option of puberty?

Ans. The option of Puberty is called Khyar-ul-Bulagh.

I f a minor contracted in marriage by the guardian for marriage has the right of repudiating or ratifying the marriage contract upon attaining Puberty. This right of the minor is known as the option of Puberty.

Q. What is the Fosterage relation?

Ans. When a child under the age of two years has been suckled by a woman other than its own mother the woman becomes the fosterage relationship.

Q. What is ‘Iddat’? What is its object?

Ans. It is a period during which a woman is prohibited from marrying again after the dissolution of her first marriage. The main object of Iddat is to ascertain the pregnancy of the wife so as to avoid confusion of parentage.

Q. Which kind of Talaq is a sinful form in your opinion?

Ans. Talaq ulBiddat, Triple Talaq

Ans. A divorce can be taken with the consent and at the instance of the wife in which she gives or agrees to give consideration to the husband for her release from the marriage.

Q. What was Shah Bano’s case regarding the maintenance of a Muslim Woman? What was its impact or why it was criticized? What is the present Legal position in this regard?

Ans. In the case of Shah Bano Begum v. Mohammad Ahmed Khan AIR 1985 SC. It was held that if a Muslim husband has sufficient means must provide maintenance to his divorced wife who is unable to maintain herself.

In this case, SC said that the religion professed by a spouse has no matter in the scheme of section 125 Cr.P.C.Now the law relating maintenance of Muslim divorced woman is governed by the Muslim Woman (Projection of Rights on Divorce) Act 1986. Section 125 Cr. P.C has no application concerning Muslim law.

Q. Whether any provision of adoption in Muslim Law?

Ans. No

Q. What do you mean by Parentage and Acknowledgment?

Ans. Parentage means the legal relationship which a child has with the parents.

Acknowledgment is a method by which legitimacy between a child and his parents is established.

Q. What is Hiba? What is ‘Hiba-ul- iwaz’?

Ans. Hibba is the immediate and unqualified transfer of the Corpus of the property without any return.

Hiba- uliwaz means gift for consideration already received.

Ans. Musha means undivided share in property Gift of an undivided share in a divisible property is not possible.

Q. What are the limitations, if a Muslim wants to make wasiyat in favor of a person?

Ans. A bequest in favor of an heir is invalid unless the other heirs consent to it after the testator’s death.

Q. What is ‘Marz-ul-Maut’?

Ans. Marz-ul-Maut is the deathbed transaction.

Q. What is ‘Shufa’?

Ans. The right of pre-emption is called Shufa. This is a right to acquire by compulsory purchase.

Q. Who is ‘Mutwalli’? Whether can a non- Muslim become Mutwalli?

Ans. Mutawalli is the manager of the waqf and is vested in God. Mutawalli has no right to property. No Muslim cannot be appointed as Mutawalli.

Q. Who has the power to remove the ‘mutwalli’?

Ans. Muttawali can be removed by the Court or Wakf board or by the Wakf.

Q. What do you mean by ‘Hizanat’?

Ans. Hizanat is the guardianship of the minor’s person for custody.

Q. What are the positions regarding guardianship under Muslim Law?

Ans. 1. Jabar – Guardianship in marriage.

2.Hizanat – Guardianship of the person of the minor for custody.

3.Guardianship of Property Dejure guardianship defacto guardianship certified guardianship.

Q. What is ‘Sadka’?

Ans. Sadka is called donation of gift.

Q.What is ‘Mahr’? Whether is it a kind of debt?

Ans. Mahr is a sum which is payable by the husband to the wife on marriage either by agreement with the parties or by operation of law. Kinds of dower-

Specified dower
Prompt dower
Deferred dower
Customary dower.

Q. What is the function of the Personal Law Boards?

Ans. This is an organization for Muslims. This has been established in 1973. the main objective of this organization is to adopt strategies for the enforcement of Muslim personal law in India.

Q. What are the functions of the Wakf Board?

Ans. Section 5 of the Wakf Act describes the function of this Wakf board. The main function of this board is the general superintendence of all Wakfs.

Q. What do you mean by “Khaiyar al bulugh”?

Ans. If a Muslim minor has been married during minority by guardian, the minor has the right on attaining majority to repudiate such marriage. This is called “Khaiyar al bulugh”.

Q. What do you mean by “Idda”?

Ans. In Muhammadan law, when a marriage is dissolved by death or divorce, the woman is prohibited from marrying within a specified time. This period is called Idda.

Q. A person makes a marriage with a fifth wife. Tell me, about the nature of such marriage.

Ans. Sunni law- This is irregular marriage.

Shia law – This is void.

Q. What is the difference between a specified dower and an unspecified dower?

Ans. An amount settled by the parties at the time of marriage or after, is called a specified dower. Where the dower has not been settled at the timeof the marriage or after, it is fixed withreference to the social position of the wife’s family and her own personal qualification. This is called unspecified dower.

Q. Whether a pair of shoes can be subject to dower?

Ans. Yes, it can be subjects of dower (“Tirmizi”).

Q.What do you mean by Talaq al–Sunna?

Ans. This is called disapproved forms of Talaq. In this form, three pronouncements are made in a single turn, either in one sentence (I divorce three tritely) or in three sentences (I divorce thee)

Q.When gift shall be deemed a will for the purpose of Muslim law?

Ans. If a Muslim is ill and he makes gifts it takes effect like a will with all its attendant features.

Q. Can a Muslim make a gift to a non-Muslim?

Ans. The gift property will be subject to the personal law of donee, once he gets possession of it. So, a gift may be made to a non-Muslim.

Q. What do you mean by the Mushaa?

Ans. A Mushaa is an undivided share in an immovable or movable property.

Q. What is the difference between Nawaz and Hiba-bil-ewaz?

Ans. After the gift has been made, the donee may offer to make a reciprocal gift, to the person making the primary gift, then the reciprocal gift is called the way.

In this return gift is accepted then it is called hiba-bil-ewaz.

Q. What do you mean by Hiba-ba-Shart-ul- ewaz?

Ans. Where a gift is made with a condition for a return, this is called Hiba-ba-shart-ul-ewaz.

Q. Whether Wakf can be made for a temporary purpose?

Ans. No Wakf cannot be made for a temporary purpose. Wakf must be perpetual.

Q. Whether registration of Wakf is essential?

Ans. Wakf need not be registered if the property is less than Rs. 100 but registration is essential where the value of the property is more than Rs. 100.