Family Law MCQs for Judiciary, Page 12

Correct answer: B. A permanent dedication by a Muslim of any property for any purpose recognised by Muslim law as pious, religious, or charitable; once dedicated as wakf, the property becomes inalienable.

A wakf is a permanent, irrevocable dedication of property to God for religious, pious, or charitable purposes. The essential characteristics are: (1) the property must be immovable or movable capable of continuous use; (2) it must be permanent and irrevocable; (3) the ownership vests in God in legal contemplation; (4) the usufruct is used for the specified purpose; (5) a mutawalli manages the wakf without ownership. A wakf can be created by a Muslim for the benefit of his family (wakf-alal-aulad) and for religious or charitable purposes. Wakf properties are regulated by the Wakf Act 1995 in India.

Source note: Muslim Personal Law; Wakf Act 1995

Correct answer: B. After consummation: the wife is entitled to the entire specified dower; if no dower was specified she is entitled to proper dower.

Consummation significantly affects dower rights in Muslim law: (1) after consummation of valid marriage: the wife is entitled to the full amount of specified dower; (2) if marriage is dissolved before consummation by the husband's death: the wife gets full dower; (3) if marriage is dissolved before consummation by talaq: the wife is entitled to only half the specified dower (if specified) or no proper dower and only a mut'a (consolatory gift); (4) if husband or wife has died after consummation, the dower is payable from the husband's estate. These rules reflect the Islamic law principle that dower protects the wife's financial security.

Source note: Muslim Personal Law; Fyzee's Outlines of Muhammadan Law

Correct answer: B. The Muslim law principle that there is no inheritance between persons of different religions (la tawarus bayn ahl al-millatain); this is a rule of classical Islamic law that has been applied in India; however a Muslim can make a bequest to a non-Muslim subject to the 1/3 limitation

Classical Muslim law follows the rule that there is no inheritance between persons of different faiths. A non-Muslim cannot inherit from a Muslim and a Muslim cannot inherit from a non-Muslim under Muslim personal law. The rule applies to intestate succession; it does not prohibit testamentary bequests. A Muslim can make a bequest to a non-Muslim subject to the 1/3 limitation. This rule applies in India as part of Muslim personal law. It does not apply to parties married under the Special Marriage Act 1954 who are governed by the Indian Succession Act 1925.

Source note: Muslim Personal Law; Fyzee's Outlines of Muhammadan Law

Correct answer: B. Where paternity is uncertain, a Muslim can acknowledge a child as his legitimate child; once made, acknowledgment creates the legal presumption of legitimacy.

Under Muslim law, where paternity cannot be proved by the normal presumption of legitimacy (based on valid marriage), a Muslim father can acknowledge a child as his. The conditions for valid acknowledgment are: (1) the acknowledger must be of legal age and sound mind; (2) it must not be physiologically impossible (the acknowledger must be old enough to be the father); (3) the acknowledged person must not disavow it; (4) the acknowledged person must be of unknown parentage. Once validly made, the acknowledgment is irrevocable and the acknowledged child inherits as if legitimate. This is an important mechanism for establishing legitimacy in irregular or undocumented marriages.

Source note: Muslim Personal Law; Fyzee's Outlines of Muhammadan Law

Correct answer: B. A temporary marriage of a fixed duration contracted for a consideration; it is only recognised in Twelver Shia law.

Mut'a marriage is a temporary marriage contracted for a specific duration (which can range from hours to years) in exchange for a fixed consideration paid to the woman. It is only recognised in Twelver (Ithna Ashariyya) Shia law. Essential elements: fixed period, fixed consideration, offer and acceptance. Children are legitimate. The wife is entitled to the full consideration regardless of whether the specified period runs its course or the husband remits the remaining period. At the end of the period the marriage dissolves automatically without divorce; the woman must observe iddat before remarrying. Sunni law considers mut'a marriage absolutely prohibited (haram).

Source note: Shia Muslim Personal Law; Fyzee's Outlines of Muhammadan Law

Correct answer: B. Yes; a talaq can be pronounced in writing (talaq-e-kitaba) and is valid even if the husband is capable of speech.

Muslim law has always recognised written talaq as a valid form of divorce. A husband can pronounce talaq in writing and it is effective as a divorce from the time of communication to the wife. The Muslim Women (Protection of Rights on Marriage) Act 2019 explicitly covers instantaneous triple talaq pronounced 'in any manner whatsoever' including written or electronic communication. Written talaq (single talaq or the recognised forms) remains valid; what the 2019 Act prohibits is specifically instantaneous triple talaq in one sitting by any means including writing.

Source note: Muslim Personal Law; Muslim Women (Protection of Rights on Marriage) Act 2019

Correct answer: B. The widow is a Quranic sharer: she gets 1/4 if the husband leaves no children or children's children; she gets 1/8 if there are children or children's children.

Under Muslim law the widow is a Quranic sharer (sahib al-fard) entitled to prescribed fractional shares: (1) 1/4 of the net estate if the deceased leaves no child or descendant; (2) 1/8 if there are children or grandchildren. Where the deceased has multiple wives they share the prescribed fraction equally. The widow's right to unpaid dower is a debt against the estate and has priority over inheritance distribution: dower is paid first from the estate, then the remainder is distributed among heirs. If the estate is insufficient to pay the dower debt the widow is a creditor for the shortfall.

Source note: Muslim Personal Law; Schedule to Muslim Women (Protection of Rights on Divorce) Act 1986

Correct answer: B. Muslim marriages are not required to be registered under Muslim personal law; however some states have enacted compulsory registration laws.

Muslim personal law does not require registration of marriages. A nikah is valid without registration. However, following the Supreme Court's direction in Seema v. Ashwani Kumar (2006) 2 SCC 578 some states have enacted rules making registration of all marriages (including Muslim marriages) compulsory. Non-registration under any such rule does not invalidate the marriage. Registration serves as evidentiary proof of marriage but its absence does not make the marriage void. The absence of registration particularly disadvantages Muslim women in maintenance and inheritance disputes.

Source note: Muslim Personal Law; Seema v. Ashwani Kumar (2006) 2 SCC 578

Correct answer: B. Relative prohibition - a Muslim man cannot simultaneously have two wives who are related as sisters to each other; but if one of them dies or is divorced the other can be validly married; marriages in violation of relative prohibitions are irregular (fasid) not void (batil) under Sunni Hanafi law

The prohibition on simultaneously marrying two sisters (or a woman and her paternal or maternal aunt) is a relative prohibition in Sunni Hanafi law. It is relative (as opposed to absolute) because it can cease to operate: if one sister dies or is divorced the man can validly marry the other. Marriage in violation of this relative prohibition is fasid (irregular) not batil (void). Under Shia law the classification differs. Absolute prohibitions (from consanguinity, affinity, fosterage) create void marriages; relative prohibitions create irregular (fasid) marriages that have some legal effects.

Source note: Muslim Personal Law

Correct answer: B. A fasid marriage (irregular) has some legal consequences: children born are legitimate, the woman is entitled to mahr, she must observe iddat; however either party can dissolve it as if it were no marriage; a batil (void) marriage has no legal effects whatsoever: no dower, no iddat, no legitimacy of children

Sunni law distinguishes between void (batil) and irregular (fasid) marriages with different consequences: Fasid marriage (irregular): (1) children are legitimate; (2) mahr is payable (proper dower if not specified); (3) woman must observe iddat after separation; (4) either party can dissolve it at will without any divorce procedure. Batil marriage (void): (1) no legal consequences; (2) no dower; (3) no iddat; (4) children are illegitimate; (5) no rights or obligations. This distinction is characteristic of Sunni Hanafi law; under Shia law most irregular conditions render the marriage void rather than merely irregular.

Source note: Muslim Personal Law; Mulla's Principles of Muhammadan Law

Correct answer: B. A procedure where the husband accuses the wife of adultery or denies paternity of a child; both make sworn statements (the husband 4 times that he is truthful, the wife 4 times that he is lying); lian results in immediate separation of the parties and the children of such a marriage are attributed to the mother; it was recognised as a mode of divorce by the Supreme Court in Zohara Khatoon v.

Lian in Muslim law is a procedure for an accusation of adultery or denial of paternity within marriage. The husband swears four oaths that his accusation is true and a fifth oath invoking God's curse on himself if he is lying. The wife responds with four oaths denying the accusation and a fifth invoking God's wrath on herself if the husband is truthful. The effect is permanent separation between the parties. In Zohara Khatoon v. Mohd. Ibrahim (1981) 2 SCC 509 the Supreme Court held that lian is a valid ground for a Muslim woman to seek dissolution of marriage.

Source note: Muslim Personal Law; Zohara Khatoon v. Mohd. Ibrahim (1981) 2 SCC 509

Correct answer: B. (1) Funeral expenses; (2) Debts of the deceased (including unpaid dower).

Under Islamic law (applied in India as Muslim personal law) the deceased's estate is distributed in this order: (1) Funeral and burial expenses (tajhiz wa takfin); (2) All debts of the deceased (including unpaid mahr which is treated as a debt); (3) Legacies/bequests (wasiyyat) up to 1/3 of the net estate after debts; (4) The remaining estate (at least 2/3) is distributed among heirs according to the faraid (Quranic law of inheritance). The heirs take only what remains after all debts and testamentary bequests are satisfied. This hierarchy protects creditors and legatees before the heirs.

Source note: Muslim Personal Law; Fyzee's Outlines of Muhammadan Law

Correct answer: B. An oath by the husband to abstain from sexual intercourse with his wife for a period of 4 months or more; if 4 months elapse without cohabitation, the marriage is ipso facto dissolved under Sunni law; under Shia law the wife can seek dissolution through the court after 4 months

Ila in Muslim law is a vow by the husband to abstain from cohabitation with his wife for 4 months or more. Under Sunni (Hanafi) law, if 4 months pass without cohabitation and without the husband retracting the vow, the marriage dissolves ipso facto - it becomes an irrevocable divorce (bain). Under Shia law, ila does not automatically dissolve the marriage; after 4 months the wife can seek dissolution through a court. Ila was originally a pre-Islamic form of separation that Islam modified. If the husband resumes cohabitation within 4 months the ila is broken and the marriage continues but he must offer kaffarah (expiation).

Source note: Muslim Personal Law

Correct answer: B. An injurious assimilation where the husband compares his wife to the back (zahr) of his mother (or any other prohibited female relative) saying 'you are to me as the back of my mother'; this was an old Arab form of divorce but Islam declared it a wrongful act; the husband cannot resume cohabitation until he has offered kaffarah (expiation - freeing a slave, fasting, or feeding 60 poor persons)

Zihar is the husband's statement comparing his wife (or any part of her body) to the back of a woman within his prohibited degrees. In pre-Islamic Arabia this was a form of divorce; Islam condemned it as unlawful and imposed kaffarah (expiation) before the husband can resume conjugal relations. The wife acquires the right to judicial separation if the husband maintains the zihar without offering kaffarah. The Quran (Surah Al-Mujadila) specifically addresses zihar and declares it shameful and wrongful. It is not a divorce; rather it suspends the marital relationship until expiation.

Source note: Muslim Personal Law; Fyzee's Outlines of Muhammadan Law

Correct answer: B. Yes, the PWDVA 2005 applies to all women in India regardless of religion; the Supreme Court confirmed that the PWDVA's remedy of protection orders, residence orders, and monetary relief is available to Muslim women in domestic relationships; the PWDVA is a secular law and overrides personal law on its specific subject matter

The Protection of Women from Domestic Violence Act 2005 is a secular legislation that applies to all women in India regardless of religion. It provides for protection orders, residence orders, monetary relief (including compensation), and custody orders. In Indra Sarma v. V.K.V. Sarma (2013) 15 SCC 755 the Supreme Court held that the DV Act applies to live-in relationships and relationships in the nature of marriage. Muslim women can access PWDVA remedies without being limited by Muslim personal law. The PWDVA is distinct from personal law maintenance remedies and provides additional civil remedies.

Source note: Protection of Women from Domestic Violence Act 2005

Correct answer: B. Father, father's father (how high so ever), full brother, paternal half-brother, full brother's son, paternal half-brother's son, paternal uncle, paternal uncle's son; the mother has no role as marriage guardian under classical Hanafi law

Under Hanafi Muslim law, the right to contract marriage for a minor is vested in specific male agnates (asaba) in order: father, paternal grandfather, full brother, half-brother from father, full brother's son, half-brother's son, paternal uncle, paternal uncle's son. The mother has no role as wilayat al-nikah guardian in classical Hanafi law. A marriage guardian can contract the marriage of a minor ward; a major (adult) woman of sound mind can contract her own marriage directly. A marriage contracted by a guardian without the adult woman's consent is voidable (subject to ratification or dissolution) in modern India.

Source note: Muslim Personal Law; Mulla's Principles of Muhammadan Law

Correct answer: B. A child born during the subsistence of a valid marriage or within the maximum period of pregnancy (2 years under Hanafi law, 4 years under some other schools) after dissolution of marriage is presumed legitimate; the minimum gestation period is 6 months from the date of marriage; this presumption is nearly irrebuttable during the subsistence of marriage

The Muslim law presumption of legitimacy (ilhaq al-nasab) applies where: (1) the child is born during the subsistence of a valid marriage and the minimum possible period of gestation (6 months) has elapsed since the marriage; (2) the child is born after dissolution of marriage but within the maximum period of pregnancy (which Hanafi law sets at 2 years - much longer than biologically realistic, reflecting the historical legal fiction). During the subsistence of marriage the presumption is very strong: the husband can only deny paternity through lian. The child born to a concubine (umm walad) also has legitimate status under Muslim law.

Source note: Muslim Personal Law; Fyzee's Outlines of Muhammadan Law

Correct answer: B. Under Shia law, delivery of possession is not necessary to complete a hiba if the donee is already in possession; a gift to a son living with the father is complete without separate delivery; the gift must be accepted but need not be accompanied by change of physical possession if possession is already constructively with the donee

The main difference between Sunni and Shia law on gifts (hiba) relates to the delivery requirement. Under Sunni law delivery of possession (qabz) is a mandatory requirement without which the gift is incomplete. Under Shia law, however, delivery is not essential if the donee is already in possession or if the gift is of immovable property. The Shia position is closer to the general principles of transfer of property where possession delivery is not always required. The other requirements (declaration, acceptance) are common to both schools. This difference has practical significance in family property arrangements.

Source note: Muslim Personal Law; Fyzee's Outlines of Muhammadan Law

Correct answer: B. Primarily the Muslim Personal Law (Shariat) Application Act 1937 which directs courts to apply Shariat in matters of family law; supplemented by specific statutes like the Dissolution of Muslim Marriages Act 1939 and the Muslim Women (Protection of Rights on Divorce) Act 1986; Muslim personal law is not codified like Hindu law

Muslim personal law in India operates through a combination of sources: (1) the Muslim Personal Law (Shariat) Application Act 1937 which directs courts to apply Muslim personal law (Shariat) in matters of family law and succession for Muslims; (2) the Dissolution of Muslim Marriages Act 1939 which codifies grounds for judicial dissolution; (3) the Muslim Women (Protection of Rights on Divorce) Act 1986; (4) the Muslim Women (Protection of Rights on Marriage) Act 2019. Unlike Hindu law, Muslim personal law has NOT been codified comprehensively; classical texts (Hedaya, Fatawa-e-Alamgiri) and court decisions continue to be relevant.

Source note: Muslim Personal Law (Shariat) Application Act 1937

Correct answer: B. Caliph Ali ibn Abi Talib proposed that rather than reducing all shares proportionately, only the shares of daughters and full sisters should be reduced while the shares of husband/wife (or father/mother) remain intact; Shia law follows this approach which is called the doctrine of Umar's aul being rejected by Shia scholars

The doctrine of aul (proportionate reduction when shares exceed unity) was adopted by the Sunni schools following Caliph Umar's position. However, Ali ibn Abi Talib (4th Caliph) argued against aul and proposed instead that when shares exceed unity, only certain classes of heirs (specifically daughters and full sisters) should be reduced. This view was adopted by Shia law, which does not follow aul. The practical difference is significant: under Sunni aul all sharers suffer proportionate reduction; under Shia law only specific sharers are reduced. This is one of several important differences between Sunni and Shia succession.

Source note: Muslim Personal Law; Fyzee's Outlines of Muhammadan Law

Correct answer: B. A marriage contract document (not compulsory for validity) that records the terms of the marriage including the mahr, any conditions, and details of the parties; it provides evidentiary proof of marriage and terms; it can include conditions such as the wife's right to divorce (talaq-e-tafwiz), restriction on polygamy, and other agreed terms

The nikahnama is the written contract of Muslim marriage. While it is not legally mandatory for the validity of the nikah (which requires only ijab, qabul, and witnesses), it serves as crucial documentary evidence of the marriage and its terms. A well-drafted nikahnama can include: the mahr amount (prompt and deferred), any conditions on polygamy, the wife's delegated right to divorce (talaq-e-tafwiz), terms of maintenance, and custody arrangements. Courts give effect to lawful conditions in the nikahnama. If a condition gives the wife the power to divorce herself (talaq-e-tafwiz) the courts will enforce it as a contractual right.

Source note: Muslim Personal Law

Correct answer: B. There is a prescribed minimum: Hanafi law requires at least 10 dirhams; other schools have different minimums.

Under Hanafi Muslim law the minimum dower is 10 dirhams (a traditional silver coin measure). Other Sunni schools (Maliki, Shafi'i, Hanbali) do not prescribe a minimum and accept any consideration. Under Indian law, courts generally do not invalidate a marriage for inadequacy of dower if the parties agreed to it. If no amount is specified at the time of marriage, proper dower (mahr al-mithl) is payable. The main principle is that dower must be something of value; purely illusory or nominal consideration may be scrutinised.

Source note: Muslim Personal Law; Mulla's Principles of Muhammadan Law

Correct answer: B. During iddat, the wife is entitled to remain in the matrimonial home; the husband cannot ask her to leave.

Under Muslim personal law, during the iddat period after talaq, the divorced wife has the right to remain in the matrimonial home (this is implicit in the husband's obligation to maintain her during iddat). After iddat expires the wife has no legal right to remain in the matrimonial home under Muslim personal law. However, the PWDVA 2005 grants a right of residence in the shared household to any aggrieved woman in a domestic relationship regardless of her legal ownership of the property. This PWDVA right is available to Muslim women and provides a more robust residence protection than Muslim personal law alone.

Source note: Muslim Personal Law; Protection of Women from Domestic Violence Act 2005

Correct answer: B. An illegitimate child is related only to the mother and the mother's relatives; the child has no legal relationship with the biological father and cannot inherit from him.

Muslim law takes a strict position on illegitimacy: an illegitimate child is filii nullius in relation to the father - legally, the father does not exist. The child can only trace family relationships through the mother. Consequently: (1) the child inherits from and through the mother and her relatives; (2) the child cannot inherit from the biological father; (3) the child has no right to the father's name or lineage (nasab). The mother has the right and duty to maintain the illegitimate child. This differs significantly from Hindu law where Section 16 HMA creates limited rights for illegitimate children.

Source note: Muslim Personal Law; Fyzee's Outlines of Muhammadan Law

Correct answer: B. Violation of Article 14 (equality before law) - the majority held triple talaq was manifestly arbitrary as it allowed the husband to destroy the marriage capriciously by the mere pronunciation of 'talaq' thrice in one sitting without giving the wife any opportunity or protection; Justice Kurian held it was un-Quranic and thus not protected by Article 25

In Shayara Bano v. Union of India (2017) 9 SCC 1, three judges found triple talaq unconstitutional: Justice Rohinton Nariman and Justice Uday Lalit held it violated Article 14 (manifestly arbitrary - capriciously allows dissolution of marriage without any cause or procedure); Justice Kurian Joseph held it was not protected by Article 25 because the practice was not essential to Islam (being prohibited in the Quran itself which requires reconciliation before divorce) and thus not a protected religious practice. Two judges dissented. The subsequent Muslim Women (Protection of Rights on Marriage) Act 2019 codified the prohibition.

Source note: Shayara Bano v. Union of India (2017) 9 SCC 1; Muslim Women (Protection of Rights on Marriage) Act 2019