Sunday 17 May 2020

Short Q & A: Muslim Law 6


Q. What is another name of Ithna- Ashriyah school?
Ans. Imamiyah School

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Q. Which school believed in Muta?
Ans. Ithna- Ashriyah school of Shia sect.

Q. What is Muta?
Ans. Muta means temporary marriage.

Q. What two further sects of Ithna- Ashriyah school?
Ans. Akbaris Sect and Usuli Sect

Q. Which sub-school follows a modern form of legal deductions and reasoning when there requires an interpretation?
Ans. Akbaris Sect of Ithna- Ashriyah school.

Q. The Khojas and Boharas of Bombay belong to which School?
Ans. The Ismaili

Q. What is Article 25 (1) of Constitution of India?
Ans. Article 25 (1) guarantees to every person the freedom of conscience and the right to profess, practice and propagate religion. Consequently, any person may accept any religion he likes or he may renounce his religion.

Q. What is conversion to Islam?
Ans. When a non-Muslim accepts Islam it is termed as “Conversion to Islam”.

Q. What are the requirements of Muslim law to be applicable on a person?
Ans. For the application of Muslim law it is not necessary that a Muslim should be a born Muslim, it is sufficient if he is a Muslim by profession or by conversion.

Q. When a marriage will dissolve immediately if the wife is non-Muslim?
Ans. As per Dissolution of Muslim Marriages Act, 1939 when a non-Muslim wife who had adopted Islam at the time of marriage or after marriage renounces her faith back to her original faith then such marriage stands dissolved immediately. e.g. A Hindu girl adopts Islam at the time of marriage or after marriage and then after some time she renounce her faith in Islam and re-embrace Hinduism then such marriage stands dissolved immediately.

Q. What will happen if a wife who is already Muslim renounce her faith in Islam?
Ans. As per Dissolution of Muslim Marriages Act, 1939; if a wife who is already Muslim renounces her faith in Islam and embraces other faith, then such marriage will not dissolve until the period of iddat i.e. period of three month from such renunciation. If that woman remarries before iddat then she can be held for begamy.

Q. What is effect on marriage if a Muslim man renounces his faith in Islam?
Ans. If a husband renounces Islam, the marriage stands automatically dissolved.

Q. What will happen, if a Muslim wife remarries before iddat, when her husband renounces his faith in Islam?
Ans. If a husband renounces Islam, the marriage stands automatically dissolved. in this case, if his wife remarries even before the expiry of iddat, she will not be guilty of bigamy under Section 494 of the Indian Penal Code, 1860.

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