Muslim Law Mains Question Answer Series Part 6: Important Questions for modules such as Muslim Law of Guardianship, Option of Puberty, and Right of Shufa a Pre-emption
The Muslim Law Mains Question Answer Series Part 6, includes a comprehensive set of questions for Muslim Law, including modules such as Muslim Law of Guardianship, Option of Puberty, and Right of Shufa a Pre-emption. Muslim law, also known as Islamic law, is believed to have originated from the divine, as opposed to man-made rules enacted by legislators… Read More »
The Muslim Law Mains Question Answer Series Part 6, includes a comprehensive set of questions for Muslim Law, including modules such as Muslim Law of Guardianship, Option of Puberty, and Right of Shufa a Pre-emption.
Muslim law, also known as Islamic law, is believed to have originated from the divine, as opposed to man-made rules enacted by legislators and controlled by the principles of current legal systems. Islam denotes surrender to God’s will and includes the concepts of peace, purity, salvation, and obedience. Muslims believe that Allah is the sole god.
With our amazing up-to-date notes and case laws, Legal Bites provides you with the best study material on this subject. The course is broken down into 10 modules to give readers a thorough understanding of Muslim law. The modules were created with the goal of providing students with an in-depth understanding of every subject of Muslim law.
Students will have an advantage while competing in national-level competitions and exams thanks to the well-researched random articles and the 10-part series of important questions near the end of the course. For aspiring lawyers, our study materials offer the secret to success.
Muslim Law Mains Question Series Part VI
Distinguish between the de facto guardian and de jure guardian in Muslim law in respect of a minor’s property. What is the extent to which a de facto guardian can alienate the movable and immovable property of the minor? [BJS 1975, DJS 2000]
How would you classify the guardians under the Muslim Law in Modern India? What are the powers of Natural Guardian? [BJS 1986]
Explain the right of ‘hizanat’ of a Muslim mother to her female child. Whether she loses this right when she has been divorced by the father of such a child? [BJS 1987]
Write a short note on the testamentary guardian and his powers. [BJS 2000]
Discuss the right of a Muslim woman over her female child. Can she enjoy this right after the dissolution of her marriage? Who is a Testamentary guardian? [BJS 2014]
Who is entitled to guardianship of a Muslim wife who has not attained the age of puberty? [HJS 1988]
Can a Muslim mother, who is not appointed guardian of a minor’s property, affect sales of a minor’s property for their benefit? Discuss with decided cases. [HJS 2000]
Can a Muslim in the exercise of his right as a natural guardian of his children claim the custody of his 9 years old daughter from her mother (his estranged wife)? Explain in the light of the concepts of wilayat and hizanat under Muslim law. [HJS 2015]
Questions: [BJS 1980]
- A Muslim minor girl is given in marriage by her father when she attained the age of 17 ½ years, she repudiated the marriage and brought a suit for dissolution of her marriage. What fact is required to be powered in order to succeed?
- Can the husband successfully resist the suit on any ground? Would it make any difference if the repudiating the marriage is the husband?
What do you understand by the option of puberty (khayar-ul-bulugh). [DJS 1990]
A Muslim minor girl is given in marriage by her father when she obtained the age of 17 ½ years. She repudiated the marriage and brought a suit for the dissolution of her marriage. What fact she is required to prove in order to succeed? Can the husband successfully resist the suit on any ground?
Would it make any difference if the party repudiating the marriage is the husband? [DJS 1990]
Nazma, a Muslim girl was married to Ahmed when she was 13 years old. After 6 months she went back to her father’s house and refused to come back to Ahmed’s home. Ahmed filed a petition for restitution of conjugal rights. Nazma pleaded she is no longer his wife as immediately in attaining puberty she had repudiated the marriage with him. In rejoinder, Ahmed pleaded consummation of marriage puberty. Decide who will succeed. Give reasons. [DJS 1996]
Write a note on ‘Option of Puberty’. Whether repudiation of marriage upon attaining the age of puberty should be confirmed by a civil court? [DJS 2005]
A Muslim minor girl aged 13 years is given in marriage by her father. When she attained was consummated in 2002 Salma is now 17 years old and she does not want to continue her marriage with Rahim. Is her marriage as a minor valid? What remedy is available to Salma under the Muslim Law? Would the case be different if the marriage was consummated in 2002 or if both parties were Hindus? Decide with the help of case law. [DJS 2006]
What is the right of Pre-emption? Who may claim the right of preemption? When can this right of preemption be exercised? Comment. [BJS 2018]
Describe the classes of person who can claim a right of pre-emption. Examine whether the right of pre-emption is still available on grounds of the vicinage. [JJS 2017]
According to Hidya,’ the right of Shufa’ (Presumption) is but a feeble right, as it is divesting another of his property merely in order to prevent apprehended inconveniences. For these reasons, he considers certain formalities imperative.
Comment on the above statement and fully discuss the importance of the formalities in this connection. What is the effect of non-compliance with the above requirement? [BJS 1978]
“The right of pre-emption is not a right of redressal either from the Vendor or from the Vendee involving and new contract of sale but is simply a right of substitution. [BJS 1980]
Sometimes the right of pre-emption (Shufa) is termed as “a right of purchase from the buyer” whereas sometimes it is referred to as “an incident annexed to property and as such a right of substitution”.
Keeping all such versions in view, discuss the concept of the right of pre-emption in Mohammedan Law. [BJS 1984]
- Is the Muslim Law of pre-emption applicable in the following cases:-
- If the vendor, the vendee and the pre-emptor are all Muslims.
- If the vendor and vendee are Muslim but the pre-emptor is a Hindu.
- If the vendee is Muslim but the pre-emptor and the Vendor are Hindus.
- If the Vendor is a Muslim but the pre-emptor and the vendees are Hindus.
Write a short but critical note on the Constitutional validity of pre-emption. [BJS 1984]