Shia Law Schools and Indian Muslim Marriage
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Questions and Answers

What happens when a minor's marriage is conducted by a guardian without the nearer guardian's consent?

  • The marriage is void (correct)
  • The marriage is binding
  • The marriage is only voidable
  • The marriage is valid

    • What right does a minor have regarding a marriage contracted by a guardian?

  • Confirm the marriage at any age
  • Refuse marriage only before puberty
  • Repudiate marriage on attaining age of puberty (correct)
  • Modify marriage terms after puberty

    • Under Shia Law, when is a child born after the dissolution of marriage considered legitimate?

  • If born within 4 lunar years
  • If born within 2 lunar years
  • If born within 1 lunar year
  • If born within 10 lunar months (correct)

    • Which law dictates that a husband's obligation to maintain a pregnant wife ceases at her confinement?

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

    What is considered the primary source of Muslim Law?

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

    What is the term for the agreement of jurists concerning a particular question of Law?

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

    What is the iddat period for a woman who is not subject to menstruation due to a divorce?

    <p>Four lunar months</p> Signup and view all the answers

    Which of the following rights does a minor NOT have when a marriage is contracted by a guardian?

    <p>Right to confirmation of marriage</p> Signup and view all the answers

    Which of the following is a formal requirement of a valid Indian Muslim marriage?

    <p>Both parties must be of opposite sex.</p> Signup and view all the answers

    In the context of Parsi marriage and divorce, which of the following is a recognized ground for divorce?

    <p>Desertion for more than two years.</p> Signup and view all the answers

    What is the meaning of the term 'Hiba-bil-Iwaz'?

    <p>Gift with consideration.</p> Signup and view all the answers

    Under the Muslim Women (Protection of Rights on Divorce) Act, 1986, what is one right guaranteed to a Muslim wife?

    <p>Maintenance during the iddat period.</p> Signup and view all the answers

    Which of the following statements accurately describes a Testator?

    <p>A person who writes a will while alive.</p> Signup and view all the answers

    What is the legal implication of possession of property gifted as 'Hiba'?

    <p>The recipient has full ownership upon acceptance.</p> Signup and view all the answers

    Which of the following is a provision under the Indian Divorce Act regarding alimony?

    <p>Alimony amounts are fixed by court order.</p> Signup and view all the answers

    In the context of Shia Law, which of the following is applicable to formal wills?

    <p>Wills can designate guardians for minor children.</p> Signup and view all the answers

    What is the implication of a husband promising a sum of money to his wife in the context of marriage?

    <p>It serves as a bequest which is contingent upon certain conditions.</p> Signup and view all the answers

    Under what condition is a bequest in favor of an heir considered valid?

    <p>When all other heirs agree to the terms of the bequest.</p> Signup and view all the answers

    What is necessary regarding the testator's age for a valid will?

    <p>The testator must be at least 18 years old.</p> Signup and view all the answers

    When is a gift to a juristic person considered valid?

    <p>As long as it meets the legal documentation requirements.</p> Signup and view all the answers

    In the context of a gift being rejected as repugnant, which aspect is crucial?

    <p>The condition is contradictory to the ownership rights.</p> Signup and view all the answers

    What does it mean when a husband swears by God regarding iddat?

    <p>He cannot remarry until the iddat period is over.</p> Signup and view all the answers

    In the context of a gift in Islamic law, what is a crucial factor about the completion of a gift?

    <p>The gift must always be physical and transferrable.</p> Signup and view all the answers

    What occurs if a husband fails to provide a promised sum to his wife?

    <p>The wife may initiate legal action for fulfillment.</p> Signup and view all the answers

    Who shall provide notification according to the Custom related to marriage?

    <p>State government</p> Signup and view all the answers

    Which Special Marriage Act was enacted before the Special Marriage Act, 1954?

    <p>Special Marriage Act, 1870</p> Signup and view all the answers

    In which schedule of the Constitution of India are Personal Laws mentioned?

    <p>State List</p> Signup and view all the answers

    How many witnesses are needed for the solemnization of marriage under the Special Marriage Act, 1954?

    <p>Two witnesses</p> Signup and view all the answers

    Which of the following correctly states the role of the cabinet concerning customary legislation?

    <p>Cabinet shall be notified by the Custom</p> Signup and view all the answers

    Which of the following is not considered a primary source of Muslim Law?

    <p>The Sunnah</p> Signup and view all the answers

    Which of the following combinations is valid for acceptance of marriage under Sunni Law?

    <p>One male and one female</p> Signup and view all the answers

    Under Shia Law, who has custody rights over an unmarried girl who has attained puberty?

    <p>Her father regardless of age</p> Signup and view all the answers

    Which law establishes the paternity of an illegitimate child?

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

    In Shia Law, which age criteria applies for a father to gain custody of a male child?

    <p>Male child over 4 years old</p> Signup and view all the answers

    According to Sunni Law, who can witness the validity of a marriage proposal?

    <p>One male and one female</p> Signup and view all the answers

    What is the maximum number of wives allowed under Sunni Law?

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

    In terms of legal guardianship, who is the guardian of a minor under Muslim law?

    <p>Father or guardian</p> Signup and view all the answers

    Study Notes

    Shia Law Schools

    • Shia law is divided into several schools with varying interpretations: Ja'fari, Ismaili, and Zaydi.
    • Ja'fari school is the most prominent and is named after Imam Ja'far al-Sadiq.
    • Each school has unique rulings on matters like marriage, inheritance, and religious duties.

    Requirements of Valid Indian Muslim Marriage

    • Consent of both parties is mandatory; present and clear intention to marry is required.
    • Legal capacity to marry is based on age (minimum is 18 for males and 16 for females).
    • Witnesses must be present; generally, two male witnesses or one male and two female witnesses are needed.

    Privileged Will and Legacies

    • Privileged will allows certain individuals (e.g., soldiers) to create a will without standard formalities.
    • Specific legacies refer to individual items or sums bequeathed to designated beneficiaries.
    • Demonstrative legacies identify a particular fund or item intended for a specific purpose.

    Maintenance Provisions under Muslim Women (Protection of Rights on Divorce) Act, 1986

    • Act ensures protection for Muslim women's rights post-divorce.
    • Provides provisions for maintenance during the iddat period and beyond.
    • Requires the husband to maintain the wife according to his means and status.

    Grounds of Divorce for Parsi Couples

    • Parsi Marriage and Divorce Act, 1936 outlines specific grounds such as adultery, willful desertion, and insanity.
    • Parsi law emphasizes mutual consent as an essential component of divorce proceedings.

    Uniform Civil Code (UCC)

    • UCC aims to replace personal laws based on the scriptures and customs with a common set governing all citizens.
    • Proponents argue it promotes equality and justice, while opponents fear loss of cultural identity.
    • Implementation is highly debated and involves political, social, and legal considerations.

    Grounds for Judicial Separation

    • Judicial separation allows couples to live apart while remaining legally married.
    • Common grounds include adultery, cruelty, and abandonment.

    True or False Questions

    • Hiba refers to a gift in Islamic context; true.
    • Hiba-bil-Iwaz means a gift with consideration; true.
    • A testator is one who makes a will; true.
    • Minor marriages require the guardian's consent; true.

    Child Legitimacy in Shia Law

    • A child born within ten lunar months after a couple's divorce is presumed legitimate under Shia law.

    Maintenance Post-Divorce

    • The husband's obligation to maintain a pregnant wife ends at her confinement; applicable under Shia law.

    Sources of Muslim Law

    • The primary sources include the Quran, Sunnah, Ijma (consensus), and Qiyas (analogical reasoning).
    • Urf or custom can influence rulings but is not a primary source.

    Custody Rights Under Shia Law

    • Custody rights typically favor the mother for boys until the age of 2 and for girls until age 7.

    Illegitimate Child Paternity

    • Under Shia law, an illegitimate child can establish paternity with the father who begot them.

    Special Marriage Act and Personal Laws

    • Special Marriage Act, 1872 provides a secular framework for marriage and divorce.
    • The Act allows interfaith marriages and overrides personal laws.

    Witness Requirement in Marriage

    • The Special Marriage Act, 1954 mandates at least two witnesses during the solemnization of marriage.

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    Description

    Explore the various Shia law schools, including Ja'fari, Ismaili, and Zaydi, and their interpretations of marriage and inheritance. This quiz also covers the requirements for a valid Indian Muslim marriage, including consent and capacity, as well as the concepts of privileged wills and legacies. Test your knowledge on these important legal principles.

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