 Muslim law

 1983
 Differentiate between hiba, hiba-bil-iwaz and hiba bashartul-iwaz.

 Muslim husband gifts his residential house valued more than rupees 100 in favour of
his wife in lieu of the debt which was more than rupees hundred without a registered
instrument. Does the transaction amount to a hiba or hiba-bil-iwaz or neither of them
according to Muslim law. If it is neither, is it valid?

 1984
 Define an acknowledgement under the Muslim law; is it similar to an adoption under
the Hindu law?

 1985
 Define proper Dower, prompt dower and deferred dower discuss the nature of the
right of dower and explain when widow can retain possession of her husband's
property in lieu of dower.

 How are heirs classified under hanafi law and shia law in case of intestate
succession?

 1986
 When the populations swell in the proportion of 4 times and 8 times then polygamy
shall bring the population to a monstrous from. There should be only one son but he
should be physically fit like a lion. in Islam, monogamy is the general rule while
polygamy is only an exception. Comment.

 1987
 Examine the conditions for which a Muslim woman ‘prejudiced by marriage’ can get
divorce from her husband?

 Discuss the position of residuaries (asabat) in hanafi and shia law of Muslim
inheritance?

 1988
 The plaintiff Allahabad Khan failed to establish his paternity from Mr Gulam Gaus
Khan though it was his alternative assertion that Mr Gulam Gaus Khan used to call
him his son and treat him as such and the full bench of the Allahabad High Court in
1888 propounded the rule of the acknowledgement of legitimacy. throw light on the
conditions of valid acknowledgement.

 Marriage (in Islam) is not regarded as a mere civil contract but a religious sacrament
( Too)-- Mr. justice Shah Sulaiman. learned Abdur Raheem has also thrown light and
now please comment giving the legal effects of a valid marriage.

 1991
 explain the concept of Hiba in Muslim law what are its essential conditions in what
circumstances can the requirement of transfer of possession be dispensed with
 what is limited estate? Does Muslim law recognise the transfer of Limited estate
refer to decided cases.

 1992
 Define will wasiyat and discuss its essential characteristics what restrictions have
been imposed on Muslim bequests?

 A, Muslim man dies leaving a son b, a widow C, and a grandson C, by a

predeceased son. A by his will Bequeathed ⅓ Of the estate D,B and C Do not
consent to the bequest in favour of D. is this bequest valid?

 Prompt and deferred dower.

 1997

 Khyar-ul-bulloogh (option of puberty).

 Narrate the importance and function of Dower in Muslim law.

 discuss the rights and liabilities of Muslim widow who is in possession of her
deceased husband's property in lieu of her unpaid Dower.

 1999
 ‘life estate is unknown to Muslim law as administered in India, but life interest can be
created’ discuss.

 Maintenance of divorced wife in Muslim law

 2000
 what is the law of maintenance in respect of a Muslim wife?

 state definition, Essentials and nature of Muslim marriage. what is option of puberty?

 2002
 ‘life estate is unknown to Muslim law as administered in India, but life interest can be
created’ discuss.

 2006
 discuss in detail the Islamic procedure of divorce and its development in India with
the help of decided cases. discuss with the help of decided cases the validity of triple
divorce under Muslim law do you agree that triple divorce has no place in sharyat.
give reasons.

 K Muslim dies leaving a son B widow X and a grandson Y by a pre-deceased son.

 K by his will bequests ⅓ of the Estate to B and Y. X does not consent to the
bequest in favour of Y. is this bequest valid?

 2012
 Discuss the grounds on which are Muslim wife can seek a dissolution of her
marriage.
  A is mother of a minor Muslim B. she sells B’s immovable property for his necessities
and benefit A is de facto Guardian of the B. discuss the validity of the sale.

 2013
 State the consequences [legal effects] that follow from the divorce under Muslim law

 A marries with a hanafi woman after sometime in a fit of anger a pronounces Talaq
three times and sends the wife to her parents home. next day he repents and wants
his wife to come back. the wife refuses and maintains that she has been Divorced
irrevocably. A bring a suit for restitution of conjugal rights and declares that he
believes in pure and simple Islam and does not believe in any sects. the wife also
sues for her deferred dower. discuss the right of the parties

 What are the essential conditions of a valid gift under Muslim law? how far has the
law of Mohammedan gift have been affected by the Transfer of Property Act 1882?
discuss

 When and how can a gift be revoked by donor under Muslim Law? in what cases the
power to revoke comes to an end? discuss

 After the death of her husband A. a Mohammedan widow got her name entered in
the government records as owner of her husband's property and was Mortgaging and
selling portions of it, one of the Heirs of her husband sued her Alience for his share.
can he succeed? give reasons for your answer

2016

 Describe the classes of persons who can claim a right of pre-emption. Whether the
right of pre-emption is still available on ground of vicinage? Discuss.

 Distinguish between Hiba, Hiba-Bil-Evaz and Hiba -8a-Shartul-Evaz.

 Explain the following :

 Legal consequences of Talak under Muslim Law

 Difference between Shia and Sunni Succession Law

 A Muslim husband W contracts a second marriage. His first wife Z claims separate
residence and maintenance under ·the Criminal Procedure Code. W pleads defence
of his personal law which permits him to take more than one wife. Decide

 Distinguish between Acknowledgment and Adoption.

 Introduction:- Adoption differs materially from acknowledgment of
paternity. In adoption, the adoptee is the known son of another person
while one of the essentials of acknowledgment is that the acknowledgee
must not be known son of another.
  In Mohammedan Law the acknowledger is presumed to be the
lawful father of the acknowledgee. The acknowledgee is supposed to
have been born out of a lawful wedlock. Acknowledgment of paternity
under Muslim Law is the nearest approach to adoption, but the two
processes of filiations are quite different and their comparison will give a
clear idea of the subject:-

Adoption Acknowledgment

An adoptee is a son of another person. It proceeds on the basis of actual

paternity. If the son is proved to be
others acknowledgment is ineffective.
It is established by a gift from the It is possible only when the paternity
natural parents to the adoptive parents. of the child is not known and at the
same time child is not proved to be a
child of another person.
Parentage of the adoptive family is No such transplantation is possible in
affiliated after renouncing the natural acknowledgment.
family.
It has no connection between the It relates to the theory of actual
natural descent of the adoptee and the descent of the acknowledgee by
adoptive father. legitimate means.
The motive of adoption may be There is no such religious or spiritual
religious and spiritual. motive.

 CONCLUSION:- The adoption is the transplantation of a son from the
family in which he is born into another family by gift made by his natural
parents to the adopting parents. Muslim Law does not recognize
adoption. In Acknowledgment the paternity of a child that is his
legitimate descent from his father cannot be proved by establishing a
marriage between his parents at the time of his conception of birth.
Muslim Law recognizes Acknowledgment.

Q. Apostasy valid ground for dissolution of marriage: HC

The judgment, recognising apostasy from Islam by the wife as a valid ground
for ipso facto dissolution of marriage under the Muslim personal law, has
highlighted the significance of religious faith that continues to affect
marital relations in Indian society.

A Division Bench of the High Court, rejecting an appeal of one Munavvar-ul-

Islam against a decree of a family court in Saket, has held that
dissolution of his marriage with Rishu Arora, who first converted to Islam
but later reconverted to her original religion, was valid under the
Dissolution of Muslim Marriage Act, 1939.
“It is an admitted fact that the respondent (Rishu) was initially
professing Hinduism and had embraced Islam prior to the marriage, and then
reconverted to Hinduism...The trial court was right in specifying that the
marriage stands dissolved from the date on which the respondent apostatised
from Islam,”

Munavvar-Ul-Islam vs Rishu Arora @ Rukhsar on 9 May, 2014

Differences arose between them after some time and they started living
separately. Rishu first filed cases under the maintenance and domestic
violence laws, but later withdrew them while stating that since she had
apostatised, her marriage did not subsist any more. The family court
granted a decree of divorce in the case. Munavvar contended in his appeal
that abjuration of Islam per se does not result in dissolution of a
marriage governed by the Muslim personal law.

The High Court cited several scholars of Muslim personal law while dealing
with the questions if apostasy per se dissolves the marriage and whether
the Act of 1939 had made any change to the general law.

Justice Waziri, writing the judgment for the Bench, held that the case was
covered by the proviso to Section 4 of the Act, according to which the
requirement for obtaining a decree for dissolution of marriage does not
apply to a woman converted to Islam from some other faith, who re-embraces
her former faith.