Q1. In India, which source of Muslim Law holds the highest authority?

(a) Ijma (consensus of scholars)

(b) Qiyas (analogical reasoning)
(c) Quran (holy book)
(d) Hadith (sayings of Prophet Muhammad)

Answer: (c) Quran

Explanation: The Quran is considered the primary and most authoritative source of Muslim
Law, followed by the Hadith and then by other sources like Ijma and Qiyas.

Q2. Under Muslim Law in India, a Muslim woman can inherit

(a) Nothing, as inheritance only goes to male relatives.

(b) Up to half the share of a male inheritor.
(c) An equal share to her male siblings.
(d) Varies depending on the specific school of Islamic jurisprudence.

Answer: (d) Varies depending on the specific school of Islamic jurisprudence.

Explanation: While some Islamic legal schools do grant daughters half of their sons'
inheritance. However, women's inheritance rights differ among different Islamic schools in
India.

Q3. Which of the following is NOT a valid ground for divorce under Muslim Law in
India?

(a) Cruelty by the husband

(b) Failure to provide maintenance
(c) Wife's refusal to perform conjugal duties
(d) Mutual consent through "khula"

Answer : (c) Wife's refusal to perform conjugal duties

Explanation: Although there are several reasons for divorce, Muslim law in India generally
does not accept a wife's refusal to carry out her marital obligations as a justification for a
divorce.
Q4. The Act of 1937 for the Application of Muslim Personal Law (Shariat) covers

(a) Every civil case involving Muslims in India.

(b) Private concerns such as inheritance, divorce, and marriage for Muslims.
(c) Criminal cases are exclusive to Muslims.
(d) Muslims who solely live in certain Indian states.

Answer: (b) Private concerns such as inheritance, divorce, and marriage for Muslims
Explanation: The Act governs specific personal matters for Muslims, not all civil matters or
criminal cases.

Q5. Which statement is TRUE about the application of Muslim Law in India?

(a) It is a completely codified system with no room for interpretation.

(b) It faces no challenges or debates regarding its relevance or fairness.
(c) It evolves based on interpretations by scholars and changing societal contexts.
(d) It has no impact on the legal system outside the Muslim community.

Answer: (c) It evolves based on interpretations by scholars and changing societal contexts.
Explanation Muslim Law is open to interpretation by scholars and adapts to certain societal
changes, though debates regarding its application persist.

1. EXPLAIN BRIEFLY THE SOURCES OF MUSLIM LAW. DISCUSS QURAN AS A

MAIN SOURCE OF MUSLIM LAW
2. DEFINE MARRIAGE AND EXPLAI ITS ESSENTIAL ELEMENTS. IS MARRIAGE
ACCORDING TO MOHAMMEDAN LAW A CIVIL CONTRACT AND NOT A
SACRAMENT? DISCUSS LEGAL EFFECT OF IRREGULAR AND VOID MARRIAGE.
3. DEFINE MEHAR (DOWER) AND ITS KINDS. CAN MUSLIM WOMEN RETAIN THE
PROPERTY OF EX- HUSBAND IN LIEU OF DOWER?
4. DEFINE DIVORCE (TALAQ) AND EXPLAIN ITS VARIOUS MODES. EXPLAIN
TALAQ-E-SUNNAT IN DETAIL.
OR
5. EXPLAIN THE POWERS OF WOMEN PROVIDED UNDER MUSLIM WOMEN
DIVORCE ACT 1939 UNDER WHICH MUSLIM WOMEN MAY APPROACH TO THE
COURT FOR DIVORCE.
6. WHAT IS PRE-EMPTION? IS IT A RIGHT OF RE PURCHASE OR A RIGHT OF
SUSTIUTION, EXPLAI YOUR ANSWER WITH THE HELP OF DECIDED CASES.
7. DEFINE WAQF AND EXPLAIN ITS ESSENTIAL ELEMENTS. DISCUSS THE
POWERS AND DUTIES OF MUTUWALI. WHO CAN APPOINT AND REMOVE A
MUTUWALI?
8. DEFINE GIFT. WHAT ARE THE REQUIRMENTS OF A VALID GIFT UNDER
MUSLIM LAW? DISCUSS THE DOCTRINE OF MUSHA IN REFERENCE OF GIFT.
9. DEFINE WILL AND ITS ESSENTIALS. CAN A WILL BE REVOKED?
10. DISCUSS MAINTENANCE OF WIFE UNDER MUSLIM LAW WITH SPECIAL
REFERENCE TO SHAH BANO CASE AND SEC-125 OF CRPC WITH THE HELP OF
DECIDED CASES.
11. WRITE SHORT NOTES ON THE FOLLOWINGS:
• ILA & ZIHAR
• IJMA
• MUTA MARRIAGE
• PROMPT DOWER
• ACKNOWLEDGMENT

Key points to understand about Muslim Law include:

1. Definition of Sharia: Sharia encompasses the Islamic legal system, covering

various aspects of life, including family matters.
2. Fiqh: Fiqh represents the comprehension of specific details within Sharia,
and it pertains to the conclusions and interpretations made by scholars
regarding Islamic jurisprudence.
3. Sharia Principles: Sharia refers to the foundational principles that underlie
Fiqh, guiding the overall framework of Islamic law.
4. Muslim Identity: The term 'Muslim' derives from 'Islam' and signifies an
individual who adheres to the Islamic faith.
 5. Integration of Religious and Secular Life : Muslim Law generally does not
distinguish between religious and secular aspects of life, encompassing both
within its purview.

CHAPTER 2 IMPORTANT QUESTIONS

What is the Mahr and what is the amount of Mahr prescribed under the various schools?

Mahr is the sum of money which a wife receives, under Muslim law, from her husband upon
getting married. The different Schools provide for different value of Mahr. Under the Hanafi
law, the minimum amount of Mahr is 10 dirhams. Under the Maliki Law, the minimum amount
is 3 dirhams. Shia law does not prescribe any minimum amount of Mahr but the maximum
Mahr cannot excel 500 dirhams.

What are the primary sources of Muslim law?

The primary sources of Muslim law are the Quran, Ahadis, Qiyas and Ijma.

Quran is the holy book of the Muslims. Ahadis refers to what was said by the Prophet.

Ijma refers to the consensus of the Muslim jurists. After the death of the Prophet, the jurists
had to reach a consensus to solve the problems whose answers could not be found in the
principles of the Quran or the Sunna. The consensus reached by the jurists is known as Ijma.

Qiyas refers to a process of analogical deduction. All the Sunni schools agree that if any matter
has not been provided in the Quran, Sunna and the Ijma, then such matters have to be
determined by analogical deduction of what has already been provided in the three sources.