Saturday, 11 June 2022

Muslim Law MCQ Part 5

 For a valid Muslim marriage

(a) Offer and acceptance must be at the same time

(b) Offer and acceptance must be at the same place

(c) Offer and acceptance must be at the same time and place

(d) Offer and acceptance may be at different times and at different places

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A Muslim can marry any number of wives not exceeding

(a) Four è

(b) Five

(c) Two

(d) one

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In case of talak, the duration of iddat is

(a) Four courses

(b) Five courses

(c) Three courses

(d) Six courses

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A Muslim is prevented from marrying his wife’s sister

(a) During the subsistence of marriage with his wife

(b) After the death of his wife

(c) After the divorce of his wife

(d) All the above

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When does the Muslim Husband married during minority loses his right to repudiate the marriage?

A. on cohabitation after attaining majority

B. on payment of dower

C. either A or B è

D. none of the above

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Muslim Law MCQ Part 4

 A person is a Muslim ________.

(a) Only by birth

(b) Only by conversion

(c) Either by birth or by conversion è

(d) None of the above

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Muta marriage under the Muslim law means :

(a) A temporary marriage è

(b) A permanent marriage

(c) A joint venture marriage

(d) An illegal marriage

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Khula under Muslim law is kind of _____.

(a) Talak è

(b) Dower

(c) Marriage

(d) Guardianship

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Muslim Women (Protection of Rights on Marriage) Act criminalises

A. Khula B. Mubarat C. Talaq- E- Sunnat

D. Talaq-E-Biddat è

It stipulates that instant triple talaq (talaq-e-biddat) in any form – spoken, written, or by electronic means such as email or SMS – is illegal and void, with up to three years in jail for the husband. Under the new law, an aggrieved woman is entitled to demand maintenance for her dependent children.

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The concept of Triple Talaq under Muslim Law is

A. approved form of talaq.

B. mostly approved form of talaq.

C. protected form of talaq.

D. mostly disapproved form of talaq. è

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Muslim Law MCQ Part 3

 As per Muslim law, a marriage with a woman before completion of her Iddat period is

(a) Void

(b) Voidable

(c) Irregular è

(d) None of these

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In ______ case, Muslim Women (Protection of Rights on Divorce) Act 1986 was held Constitutionally valid.

(a) Danial Latifi Case (b) Shahbano Case è

(c) Sarla Mudgal Case (d) None of the above

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Who of the following is related to Khyar-ul-Bulugh ?

(a) Father of the groom

(b) Mother of the bride

(c) Minor Muslim girl è

(d) Great grand mother of the boy

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The bigamous marriage of a Muslim woman is punishable under ______ Section of IPC.

(a) 125

(b) 498

(c) 494 è

(d) It is not punishable

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Which amongst the following are kinds of Muslim Marriage ?

(a) Batil

(b) Fasid

(c) Sahih

(d) All of the above è

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Gift of undivided property is called as ———— .

(a) Areeat

(b) Hiba-ba-shart-ul-iwaz

(c) Mushaa è

(d) None of the above

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Muslim Law MCQ Part 2

 According to _______, marriage is regarded as a civil contract between a man and woman which has for its objects procreation and legitimating of children.

(a) Muslim Law è

(b) Hindu Law

(c) Christian Law

(d) All the above

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The Muslim Women (Prohibition of Rights on Divorce) Act, 1986 is the outcome of the controversy usurped the attention of the Muslim Community all over India after the _ case.

(a) Mohd. Ahmad Khan Vs. Shah Bano Begum è

(b) Parvez Ahmad Khan Vs. Shahnaz Bano

(c) Usman Khan Bahmani Vs. Fatimunissa Begum

(d) Danial Latifi Vs. UOI

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Divorce by order of a court of law is called :

(a) Faskh è

(b) Khula

(c) Mubarat

(d) Talaq Ahsan.

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In _______ case the constitutionality of the Muslim Women (Protection of Rights on Divorce) Act, 1986 had been challenged in the SC.

(a) Danial Latifi and Others Vs. UOI

(b) Mohd. Ahmad Khan Vs. Shah Bano Begum è

(c) Zohra Khatoon Vs Mohd. Ibrahim

(d) None of above

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Muslim Law MCQ Part 1

 The Muslim Women (Protection of Rights on Divorce) Act, is of - - - - -

(a) 1986 è

(b) 1987

(c) 1996

(d) 1997

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The dissolution of Muslim Marriage Act, 1939 provides for grounds of divorce -------

(a) Where nothing here for 4 years about husband

(b) Husband has been sentenced imprisonment for 7 years

(c) Husband is impotence

(d) all of the above è

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Under Muslim Law, marriage is —— .

(a) An institution legalizing male and female conjugal relations.

(b) A civil contract.

(c) Sunna.

(d) All the above.

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A Muslim woman observing iddat period marries with another man. The marriage is

(a) Sahih.

(b) Batil.

(c) Fasid. è

(d) None of the above.

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When the whereabouts of the husband have not been known for a period of ____ a Muslim wife can avail it as a ground for divorce.

(a) 2 yrs

(b) 7 yrs

(c) 5 yrs

(d) 4 yrs è

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Law for Muslim Women

 Law for Muslim Women

·         Irregular marriage is also known as Fasid marriage. Thus when a person marries his wife's sister, the marriage is irregular, but he can validate it by pronouncing talaq on his wife.

·         An agreement between a prospective bride and a groom which does not meet all the essential conditions of a Muslim marriage is a void agreement and any marriage that takes place in furtherance of a void agreement is called a void marriage or Batil nikah.

·         The object of the iddat is firstly to ascertain whether the wife is pregnant, and if so, the paternity of the child. Secondly, in the event of a revocable divorce, it gives the husband the opportunity to return to his wife, and thirdly, it gives a widow the opportunity to mourn the death of her husband.

·         In Islam, iddah or iddat is the period a woman must observe after the death of her husband or after a divorce, during which she may not marry another man.

·         When all the essential conditions of a Muslim marriage are duly fulfilled, it is called a sahih nikah or valid marriage.

·         Apart from the divorce which may emanate either from the husband or the wife without the intervention of the court or any authority, Muslim law also provides for the dissolution of marriage to the wife by decree of the court. It is called Faskh. The word Faskh means annulment or abrogation.

·         Talaq is also of three kinds - 'Talaq-e-ahsan', 'Talaq-e-hasan' and 'Talaq-e-biddat'. The Quran and 'hadith' i.e. sayings of the Prophet Muhammad, approve of 'talaq-e-ahsan', and 'talaqe-hasan' as they are considered most reasonable form of divorce.

·         The difference between a khula divorce and a mubara'at divorce is that in khula the wife desires the divorce and initiates it, while in mubara'at both spouses desire the separation.

·         The Hanafi school believes that all adult females have the exclusive right to enter into a khula.

·         Ahmed Khan v Shah Bano Begum', which cites the victory story of a 62 year old Muslim woman for her right to maintenance from her husband under section 125 of CrPC who had divorced her.

·         ARIYAT. This form of gift permits the enjoyment of the property without the inhibiting the title of the donor.

·         In Hiba- bill-iwaz the consideration is paid by donee voluntarily whereas in Hiba-ba-Shartul-iwaz its payment is a condition precedent.

·         In Hiba- bil-iwaz the consideration is at the will of donee but in Hiba-ba-shartul- iwaz the value and kinds of consideration is at the discretion of the donor.

·         Gift of Musha or Gift of undivided share : The word Musha means an undivided share or part in a property.

·         Such property may be movable or immovable. Under Muslim law, Musha signifies an undivided share in a joint property.

·         Musha is therefore, a co-owned or joint property.

·         Muta is a temporary marriage that is contracted for a limited or fixed period and involves the payment of money to the female partner.

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Friday, 10 June 2022

Infanticide

 Infanticide

Infanticide is a general term for the murder of a child aged less than 1 year, and filicide is used when the perpetrator is the parent, but neonaticide is used to refer to deliberate killing of a child up to 24 h of age by his or her parent.

William Bentinck (1828-1835): He was the Governor-General of India that banned female infanticide. He declared it as a punishable crime. The practice of female infanticide was found in western parts of India.

Provisions of IPC for infanticide:

In India, the offence of infanticide or the killing of an infant is charged as murder and is therefore equivalent to conviction under Section 302 of the Indian Penal Code.

Section 315 of the Indian Penal Code, 1860, relates to an act done with the intent to prevent child being born alive or to cause it to die after birth'. According to this section, an act done by a person with the intention of preventing a child from being alive when he/she is born or causing it die after he/she was born alive, causes the child to die before or after birth, will be punished for a term of imprisonment extending to ten years, or will be charged with fine, or both. Such act, when committed, does not include an act done to save the life of a pregnant woman, that is an act done in good faith.

Section 318 of IPC: This section intends to preventing infanticide. It is directed towards a person who disposing of the body of a child upon his/her birth.

The properties of this section are:

a. Secret burying or in any way disposing of the dead body of an infant

b. The fact whether the child dies before, during or after the birth is not required.

c. The person disposing the body of a child should have an intention to conceal the birth of that child.

Abandonment of an infant by a parent or a person assigned the care of a child, with the intention to fully abandon that child, leads to an offence under Section 317 of the Indian Penal Code, 1860. A punishment under this section is described as a term of imprisonment for seven years, or with fine, or both.

Sec. 312 = Causing Miscarriage (Volutarily)

Sec. 313 = Causing Miscarriage without woman’s consent

Sec. 314 = Death caused by act done with intent to cause miscarriage.

Sec. 315 = Act done with intent to prevent child being born alive or to cause it to die after birth.

Sec. 316 = Causing death of quick unborn child by act amounting to culpable homicide.

Sec. 317 = Exposure and abandonment of child under twelve years, by parent or person having care of it.

Sec. 318 = Concealment of birth by secret disposal of dead body.

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Which of the following enactment declared infanticide equal to murder?

(a) Criminal Procedure Code

(b) Indian Penal Code è

(c) Immoral Trafficking Act

(d) None of the above.

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Which of the following is not a gender-based violence?

A. Prostitution

B. Female Infanticide

C. Sex-selective Abortion

D. Culpable homicide è

Section 304 of IPC provides for culpable homicide

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Sections 312 to 318 of the IPC deal with offences of ______.

(a) Causing of miscarriage

(b) Unborn children

(c) Exposure of infants

(d) All the above è

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Causing miscarriage without women’s consent is punishable under ________ of IPC?

(a) Section 312 (b) Section 313 è

(c) Section 316 (d) Section 320

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Section 312 of IPC deals with:

(a) Rape (b) Causing Miscarriage è

(c) Bigamy (d) Adultery

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What is the meaning of expression ‘woman being quick with child’ under section 312 IPC?

A. Woman being in First trimester of pregnancy

B. Woman after third month of pregnancy è

C. Both A and B

D. None of above

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