Muslim Law : Practice Questions and Answers

The correct answer is a written deed of gift.

Chapter 7 of the Transfer of Property Act, 1882 does not cover the gift under Muslim law; the Muslim Personal law governs the Muslim gift or Hiba.

The three essential conditions for a valid gift are: declaration of gift by the donor, acceptance of gift by the donee, and transfer of possession by the donor accepted by the donee. A written deed is not required.

The correct answer is 9.

Section 2 of the Dissolution of Muslim Marriage Act, 1939 deals with grounds for decree for dissolution of marriage.

A woman married under Muslim law is entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds: husband's whereabouts unknown for four years; failure to provide maintenance for two years; husband sentenced to imprisonment for seven years or more; failure to perform marital obligations for three years; husband's impotence at time of marriage; husband's insanity for two years or virulent venereal disease; repudiation of marriage before age eighteen when married before fifteen (provided marriage not consummated); cruelty by husband; or any other ground recognised as valid under Muslim law.

The correct answer is (I) & (IV).

The Act provides that any pronouncement of triple talaq in any form will be void and the wife and dependent children after talaq shall be entitled to subsistence allowance.

For effecting triple talaq, the husband shall be punished with imprisonment for a term which may extend to three years (not two), and the offence shall be cognizable and compoundable. The Ordinance does not specify the offence as bailable or non-bailable; bail is at the discretion of the Magistrate under the Act.

The correct answer is Hafeeza Bibi and others v. Shaikh Farid & others (2011) 5 SCC 654.

The Supreme Court ruled that under Muslim Law, the gift of immovable property which fulfills the essential requirements of a valid gift — declaration of the gift by the donor, acceptance of the gift by the donee, and delivery of possession — does not require compulsory registration, even if the gift is reduced into writing.

This ruling clarified that as long as the three essentials of a valid gift under Muslim law are satisfied, the lack of registration does not invalidate the gift.

The correct answer is Ila.

Ila in its primitive sense signifies a 'vow'. It is when a person swears that he will not have sexual intercourse with his wife and abstains from it for four months; an irreversible divorce is effected on its termination.

If intercourse is had within a period of four months, the Ila shall lapse but he has to atone for breaking his oath. Where the husband having made Ila abstains from having intercourse with his wife for four months, the marriage is dissolved with the same legal results, as if there had been an irrevocable divorce pronounced by the husband.

The correct answer is not compulsorily registrable.

Delivery of possession being essential to the validity of a gift, it follows that if there is no delivery of possession, there is no valid gift.

Under the Mohammedan law, a valid gift can be affected by delivery of possession, and if there is delivery of possession, the mere fact that there is also an unregistered deed of gift does not make the gift invalid.