FAMILY LAW

Class Test II

01. A minor who is a sound mind is not capable of disposing off his
property.

In Islamic law, the ability to dispose of one's property is generally

linked to a person's mental capacity and legal status as an adult.
According to Islamic jurisprudence, a minor (someone who has not
reached the age of maturity, which is typically considered to be
puberty) is not considered legally competent to handle their property
affairs in the same way as an adult. A minor of sound mind does not
have the authority to dispose of their property or make binding
contracts. This principle is based on the notion that minors lack the
necessary maturity and understanding to fully comprehend the
consequences of their actions and protect their own interests.

02. Gift to an unknown person is void.

In Islamic law, a gift to an unknown person is generally considered

void or invalid. The concept of gift-giving in Islamic law is based on the
idea of transferring ownership of property from one person to another
voluntarily and without any expectation of receiving something in
return. For a gift to be valid, certain conditions must be met, and one
of those conditions is the identification of the recipient. The recipient
of a gift must be a specific and known individual or entity. This
requirement ensures that the gift is given with the intention of
benefiting a particular person and that the transfer of ownership is
clear and unambiguous. By specifying the recipient, the donor
ensures that the gift is not left open-ended or subject to potential
disputes or confusion.

03. Talaq-e-Mubarat before sale.

Talaq-e-Mubarat is a form of divorce in Islamic law where both the

husband and wife mutually agree to dissolve their marriage. It is a

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voluntary and consensual divorce where both parties reach an

agreement to end their marital relationship. However, it is important
to note that the concept of Talaq-e-Mubarat is specific to divorce and
does not directly relate to the issue of sale or any financial
transaction.

04. The status of a marriage with a woman before completion of an

iddat is irregular.

In Islamic law, the waiting period after the dissolution of a marriage is

known as iddat. The iddat is a specified period of time during which a
woman must observe certain obligations and restrictions following
divorce or the death of her husband. The purpose of iddat is to
determine whether the woman is pregnant and to allow for a period of
emotional and physical adjustment after the end of the marriage.
During the iddat period, the marriage is considered to be in a state of
separation, and the couple is not considered to be in a normal marital
relationship. The woman is required to reside in her husband's home
during this period, and sexual relations between the couple are not
permitted.

05. Legitimacy may be presumed from:

i) Presumptive Marriage ii) Custom iii) School Certificate.

Under Muslim law, legitimacy may be presumed from:

i. Presumptive marriage: A presumptive marriage is a marriage

that is presumed to be valid, even if there is no formal
documentation to prove it. This can be the case, for example, if
the couple has been living together as husband and wife for a
long period of time and they have children together.
ii. Custom: In some cases, legitimacy may be presumed based on
custom. For example, in some communities, it is customary for

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the father to acknowledge his children, even if they are born out
of wedlock. This acknowledgement can be made verbally or in
writing.
iii. School certificate: In some cases, legitimacy may be presumed
based on the fact that the child has attended school. This is
because it is generally assumed that children who attend school
are the children of legitimate parents.

06. If the mother fails, the custody of a boy under the age will go to
paternal uncle.

In Islamic law, the issue of child custody is governed by the principle

of the best interests of the child. While the mother is generally given
preference for custody of a young child, if the mother is deemed unfit
or unable to fulfill her custodial responsibilities, the custody may be
transferred to other eligible relatives based on a specific hierarchy. If
the mother is unable to adequately care for the child, the custody of a
boy under the age of maturity may be given to the paternal relatives,
starting with the paternal grandfather. If the paternal grandfather is
unable or unfit to take custody, the next eligible person in the
hierarchy would be the paternal uncle, followed by other paternal
relatives.

07. The person who establishes a prison house for male factors is
Hazrat Abu Bakr.

Hazrat Abu Bakr was the first caliph of Islam, and he established a
prison house for male factors during his rule. The prison was called
the "House of Correction," and it was located in Medina. The prison
was used to house criminals who had committed serious crimes, such
as murder, theft, and robbery. The prisoners were subjected to hard
labour and were not allowed to leave the prison. Hazrat Abu Bakr

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established the prison in order to protect the people of Medina from

criminals and to deter others from committing crimes.

08. The first book on science of law or usul was written by Imam
Shafi.

Imam Shafi'i was a Muslim jurist, theologian, and hadith scholar who
is considered to be one of the four Sunni Imams. He is credited with
writing the first book on the science of law, or usul al-fiqh. His book,
Al-Risala, is a comprehensive treatise on the principles of Islamic
jurisprudence. It is considered to be one of the most important works
on Islamic law ever written. In Al-Risala, Imam Shafi'i outlined the
four sources of Islamic law: the Quran, the Sunnah, ijma' (consensus),
and qiyas (analogy). He also discussed the different methods of
interpreting the Quran and Sunnah, and he established the criteria
for determining which hadith are authentic.

09. Sale of fruits on a tree in consideration for plucked is known as

Muzabanah.

Muzabanah is a type of sale in Islamic law in which the fruits on a

tree are sold in consideration for the fruits that have already been
plucked. The sale is considered to be invalid in the Hanafi and
Hanbali schools of thought, but it is valid in the Shafi'i and Maliki
schools. The reason why Muzabanah is considered to be invalid in the
Hanafi and Hanbali schools is because it is considered to be a sale of
the unknown for the known. The buyer does not know how many
fruits will be on the tree when they are plucked, so they are essentially
buying something that they do not know the quantity of.

10. The dissolution of Muslim Marriage Act was enacted in the year
1939.

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aThe Dissolution of Muslim Marriages Act, 1939 was enacted in

British India on 17 March 1939. It is an Act of the Parliament of India
that provides for the dissolution of marriages under Muslim law. The
Act was enacted in response to the increasing number of Muslim
women who were seeking divorce.

11. Hazrat Umar was the first Qadi appointed by Hazrat Abu Bakr.

Hazrat Umar was the first Qadi appointed by Hazrat Abu Bakr. The
word Qadi means judge, and Hazrat Umar was appointed to this
position in order to ensure that justice was administered fairly and
impartially in the Muslim community. He was a wise and just ruler,
and he is remembered for his many contributions to the development
of Islamic law.

12. Hanafi tell a woman may be a Qadi.

Hanafi law allows a woman to be a qadi, or judge. The Hanafi school of

Islamic law is one of the four Sunni schools of jurisprudence, and it is
the most widely practiced school of law in the Muslim world. Hanafi
jurists have held that women are capable of serving as judges, and
there are historical precedents for women serving as qadis in the
Hanafi tradition. In the Hanafi legal tradition, the qualifications for a
qadi are that he or she be a Muslim, a free person, a sane adult, and a
man of knowledge and piety. The Hanafi jurist al-Sarakhsi (d. 1097)
wrote that "there is no difference of opinion among the scholars that a
woman can be appointed as a qadi.

13. Duality of wives is called Polygamy.

Duality of wives is called polygamy. Polygamy is a marriage system in

which a man can have more than one wife. The term comes from the
Greek word poly, meaning "many," and gamos, meaning "marriage."

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Polygamy is practiced in many cultures around the world, including

some Muslim, Hindu, and African cultures.

14. A void request is known as Alternative Request.

A void request is not known as Alternative Request in Muslim law. In

Muslim law, a void request is known as a batil request. A batil request
is one that is invalid and cannot be enforced. For example, a request
to do something that is illegal or immoral would be batil.

15. ‘Ma’ ‘Si’ deals with crime.

The term "Ma' 'Si'" refers to a specific type of crime in Islamic law. It is
a crime that is committed against the state or the public order.
Examples of Ma' 'Si' crimes include treason, sedition, and terrorism.
In Islamic law, Ma' 'Si' crimes are punishable by death, imprisonment,
or other forms of corporal punishment. The exact punishment for a
Ma' 'Si' crime is determined by the judge, who takes into account the
severity of the crime and the circumstances surrounding it.

16. A child is legitimate if born after the dissolution of marriage and

wife remaining unmarried within 280 days of the termination of
marriage.

A child born after the dissolution of a marriage and within 280 days of
the termination of the marriage is considered legitimate under Muslim
law. This is because it is presumed that the child was conceived
during the marriage, even though the marriage has ended. There are a
few exceptions to this rule. For example, if the husband can prove
that he was physically separated from his wife for a period of at least 4
months before the child was born, then the child will not be
considered legitimate. Additionally, if the wife remarries before the
child is born, then the child will be considered legitimate under the
law of her new husband.

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17. The limit of testamentary power of a Muslim is 1/3 rd.

Under Muslim law, a Muslim testator can only bequeath one-third of

his or her property by will. This is known as the "one-third rule". The
remaining two-thirds of the property must be distributed according to
the rules of Islamic inheritance.

The one-third rule is based on the Quranic verse, "Let a man

bequeath one-third, and if he has a child, then half. And if he has two
children, then two-thirds for them, but if there are more than two,
then they share one-third, equally, after any bequest he may have
made, or a debt." (Quran 4:11). The one-third rule is designed to
protect the interests of the testator's heirs. It ensures that they will
receive at least two-thirds of the testator's property, even if the
testator has made a will leaving more than one-third of his or her
property to someone else.

18. The time when Islamic Law came into force – the time of
marriages where into vague was three.

Although it is a controversial statement, but it can be jot down in the

following manner:

i. The time of the Prophet Muhammad, when Islamic law was first
revealed. Marriages were generally arranged by the parents of
the bride and groom, and the bride was often very young.
ii. The time of the early Muslim caliphates, when Islamic law was
codified and became more widespread. Marriages were still
generally arranged by the parents, but the bride and groom
were more likely to be consulted about the match.
iii. The time of the Ottoman Empire, when Islamic law was further
codified and became the law of the land. Marriages were still

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generally arranged by the parents, but the bride and groom had
more freedom to choose their own partners.
iv. The time of the modern Middle East, when Islamic law is still
the law of the land in many countries, but there is a growing
trend towards more secular marriages.

19. The status of Sadaka once completed by delivery is not revocable.

In Islam, sadaqa is a voluntary act of charity, and once it has been

given, it cannot be taken back. This is because sadaqa is considered
to be a gift from Allah, and it is not the property of the person who
gives it. There are a few exceptions to this rule. For example, if the
person who gives the sadaqa dies before it is delivered, then their
heirs can take it back. Additionally, if the person who receives the
sadaqa is not eligible to receive it, then the person who gave it can
take it back.

20. The meaning of Ijtihad is gatherings of Mujtahid.

The statement is incorrect and Ijtihad is not gatherings of Mujtahid.

Ijtihad is an Arabic word that means "to exert effort" or "to strive". In
the context of Islamic law, it refers to the independent reasoning of a
qualified scholar to derive rulings from the primary sources of Islamic
law, the Quran and the Sunnah. A Mujtahid is a qualified scholar who
is capable of engaging in Ijtihad. Mujtahids are typically experts in
Islamic law, theology, and Arabic language and literature. They are
trained to use a variety of methods to derive rulings from the Quran
and the Sunnah, including textual analysis, analogical reasoning, and
consensus.

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