Muslim Law McQ
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Questions and Answers

What is a legal remedy for a wife under Muslim law if her husband fails to fulfill marital obligations?

  • Dissolution of marriage
  • Restitution of conjugal rights (correct)
  • Maintenance claim
  • Child custody arrangement

    • What can courts require before granting a decree for restitution of conjugal rights?

  • Inventory of marital property
  • Evidence of a valid marriage (correct)
  • Payment of previous debts
  • Proof of a healthy marital relationship

    • Under which legislation in Bangladesh are suits for restitution of conjugal rights explicitly recognized?

  • The Inheritance and Family Relations Act
  • The Family Law Protection Act
  • The Family Courts Act 2023 (correct)
  • The Marriage Settlement Act

    • Which of the following is NOT a valid ground for refusing restitution of conjugal rights?

    <p>Lack of mutual affection</p> Signup and view all the answers

    What central legal principle underpins the concept of restitution of conjugal rights?

    <p>The consortium between husband and wife</p> Signup and view all the answers

    What happens to a wife’s right to maintenance if she is divorced without completing the dower payment?

    <p>She loses her right to maintenance</p> Signup and view all the answers

    What recourse does a wife have if her husband divorces her without paying the dower?

    <p>It becomes a debt on the husband's estate</p> Signup and view all the answers

    Under what condition is full dower payable to a wife in a Muslim marriage?

    <p>Upon consummation of marriage</p> Signup and view all the answers

    In which situation is the wife entitled to receive half of her dower?

    <p>If the marriage is dissolved before consummation</p> Signup and view all the answers

    What is the outcome if the marriage is declared void due to invalidity regarding dower?

    <p>A reasonable dower is payable</p> Signup and view all the answers

    What factors determine the amount of customary dower if not specified in the marriage contract?

    <p>Both A and B</p> Signup and view all the answers

    Under which circumstances can a widow keep her deceased husband's property as security for unpaid dower?

    <p>When the dower was deferred and remains unpaid</p> Signup and view all the answers

    What is the primary purpose of maintenance (nafaqah) according to Islamic law?

    <p>To ensure financial security for the wife and children</p> Signup and view all the answers

    What is the required duration of impotence for a wife to file for divorce under the 1939 Act?

    <p>1 year</p> Signup and view all the answers

    What does Faskh entail in Islamic law?

    <p>Termination of marriage through a court order</p> Signup and view all the answers

    Which section of the Muslim Family Laws Ordinance, 1961, is concerned with arbitration before divorce takes effect?

    <p>Section 7(4)</p> Signup and view all the answers

    In which case was it established that a wife can invoke Talaq-e-Tafwid due to the husband's failure to pay maintenance?

    <p>Safura Khatun v.Osman Gani Mulla</p> Signup and view all the answers

    Which Quranic verse justifies the appointment of arbitrators in marital disputes?

    <p>Chapter IV, Verse 35</p> Signup and view all the answers

    What is a legally recognized ground for a woman to seek divorce through the Dissolution of Muslim Marriages Act, 1939?

    <p>Persistent failure by the husband to fulfill marital obligations for two or more years</p> Signup and view all the answers

    What ruling was established regarding the non-service of notice for Talaq in the case of Ali Newaz Gardezi v.Md.Yusuf?

    <p>The husband is deemed to have revoked the Talaq</p> Signup and view all the answers

    In the case of Sirajul Islam v.Helana Begum, what was the High Court Division's ruling regarding the non-service of notice to the Chairman?

    <p>The divorce is void</p> Signup and view all the answers

    What is the purpose of allowing a Muslim to select rules from a different school of law?

    <p>To provide flexibility in choosing marital laws</p> Signup and view all the answers

    In the case of marital disputes, what does the Quranic injunction specify about arbitration?

    <p>Both spouses should appoint an equal number of arbitrators from their families</p> Signup and view all the answers

    'Kanz al-Didak' is recognized as a significant book in which school of thought?

    <p>Hanafi</p> Signup and view all the answers

    What year was the 'Muslim Marriage and Divorce Act' established?

    <p>1974</p> Signup and view all the answers

    Which statement reflects the consensus regarding permission needed for a virgin to marry?

    <p>Permission must be sought by her father as per unanimous opinion.</p> Signup and view all the answers

    Under Muslim law, a marriage that lacks proper witnesses is considered:

    <p>Void</p> Signup and view all the answers

    What happens to dower if no specific amount is mentioned in the marriage contract?

    <p>Proper dower (Mahr al-Mithl) is determined</p> Signup and view all the answers

    If a marriage is declared void (fasid), when is dower due to the wife?

    <p>Dower is paid only if consummation occurred</p> Signup and view all the answers

    If a man already has four wives, his marriage to a fifth wife is classified as:

    <p>Irregular</p> Signup and view all the answers

    In a marriage between a Sunni male and a Shia female, which law governs their rights and obligations?

    <p>Shia law</p> Signup and view all the answers

    What is the primary purpose of proper dower (Mahr al-Mithl)?

    <p>To provide a fallback amount when no agreement exists</p> Signup and view all the answers

    Who has the final authority to decide on disputes regarding proper dower (Mahr al-Mithl)?

    <p>The court or Qazi resolves the disputes</p> Signup and view all the answers

    What occurs to the dower amount if the husband passes away prior to payment?

    <p>It becomes a liability against the husband's estate</p> Signup and view all the answers

    What is the rule regarding dower in divorce situations before consummation?

    <p>Half of the agreed dower amount is payable</p> Signup and view all the answers

    What is the implication of a wife voluntarily waiving her dower?

    <p>It is binding as long as it is done willingly</p> Signup and view all the answers

    Which section of the Muslim Family Laws Ordinance, 1961, pertains to dower regulation in Bangladesh?

    <p>Section 5 provides the main regulations on dower</p> Signup and view all the answers

    What concept prevents individual jurists from challenging Ijmaa?

    <p>Ijmaa's validity is supported by the consensus of scholars.</p> Signup and view all the answers

    Which term describes the practice of following a scholar's opinion without questioning?

    <p>Taqlid</p> Signup and view all the answers

    Among the equitable sources of Muslim law, Istadlal was associated with which jurist?

    <p>Imam Malik</p> Signup and view all the answers

    What factor primarily leads to the Maliki school's emphasis on Medina's traditions?

    <p>Medina reflects the consensus of the Prophet's companions.</p> Signup and view all the answers

    Which Sunni school of law is known for its reliance on the practices of the people of Medina?

    <p>Maliki</p> Signup and view all the answers

    What does the term 'Muslihat' refer to in Islamic jurisprudence?

    <p>Public welfare considerations</p> Signup and view all the answers

    What does 'Istihsan' denote in Islamic law?

    <p>Preference for certain cases over others</p> Signup and view all the answers

    What is the primary aim of a decree for restitution of conjugal rights?

    <p>Guaranteeing consensual living</p> Signup and view all the answers

    Study Notes

    Dower (Mahr) in Islamic Law

    • Dower, or Mahr, is a payment from the husband to the wife in a marriage contract.
    • If no amount is specified, the proper dower (Mahr al-Mithl) is determined based on customary amounts in similar marriages.
    • If marriage is declared void, dower is payable only if consummation occurred.
    • Unpaid dower becomes a debt on the husband's estate if he dies before payment.
    • The court or Qazi determines proper dower in disputes.
    • Half the agreed dower is payable if divorce occurs before consummation.
    • A wife's waiver of dower is binding if voluntary.
    • Dower is payable under certain circumstances, such as divorce before consummation.

    Muslim Family Laws Ordinance, 1961

    • Section 5 of the Muslim Family Laws Ordinance, 1961 regulates dower in Bangladesh.
    • The doctrine of dowry-free marriage of the Prophet Muhammad emphasizes simplicity.
    • Maintenance is primarily for ensuring the wife and children's financial security.
    • The husband is responsible for the child's maintenance.

    Talaq-e-Tafwid and Maintenance

    • Talaq-e-Tafwid is a delegated divorce power from the husband to the wife.
    • If the husband fails to pay dower, the wife can invoke Talaq-e-Tafwid.
    • If a wife leaves her husband without valid grounds, she loses her right to maintenance.
    • The Quran emphasizes the importance of love, solace, and protection in a marriage.
    • The Muslim Family Laws Ordinance (1961) mandates arbitration before divorce.

    Talaq-e-Hasan and Other Crucial Aspects

    • Talaq-e-Hasan is a valid divorce when pronouncements are made correctly and no matrimonial relations occur between Tuhr periods.
    • If a marriage is declared void due to an invalidity, full dower is payable; half dower is payable in cases of dissolution before consummation based on the act.
    • The dissolution of Muslim marriages is regulated by relevant acts, with the key objective of providing a legal framework to resolve marital disputes.

    Other Relevant Islamic Law Concepts

    • Talaq-al-bila-e-Ihsan: A controversial issue and differs from standard divorce practices when involving different Muslim jurisprudence interpretations.
    • Talaq-al-Bida: This form of divorce is generally deemed irrevocable.
    • Khula: This is a divorce initiated by the wife, often where the wife seeks the dissolution of a marriage due to a valid reason under Islamic law, and usually agreed on conditions, that are outlined when the application is filed.

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    Muslim MCQ PDF

    Description

    Test your knowledge on Dower (Mahr) as it applies in Islamic law, particularly focusing on its regulations, conditions, and implications in marriage and divorce. This quiz covers the essential elements, including the Muslim Family Laws Ordinance of 1961 and the rights of spouses.

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