MCQs Of Muslim Law And Jurisprudence Part III

1 The concept of Gift is also present in

Hindu Law

2 The term will means

Endowment

3 According to Hiadaya an ___________ guardian has no right to contract a minor in a marriage.

Apostate

4 Paternity and Maternity are the branches of

Parentage

5 A child born after two years of the dissolution of the first marriage and within six months of the second marriage would be illegitimate under

Hanafi Law

6 Under Muhammadan Law adoption is not recognized unless it is permitted by any law for the time being enforced.

True

7 The entire law of Parentage of Muhammadan Law is based on

Legitimacy

8 Gift can be made to any body and to an

Extent

9 Will _________ be made to any body and to any extent.

Cannot

10 Will can be changed

Easily

11 The right of making a bequest is limited in

Two Ways

12 Will is valid up to

One-Third

13 There is consideration in will.

False

14 There is consideration in gift.

True

15 Right of owner to gift is restricted.

False

16 Gift is an immediate transfer of

Right/Interest

17 There is no consideration in will.

True

18 Consideration is an essential element of a

Contract

19 Right of donor to gift is

Unrestricted

20 Gift operates in present at once.

True

 

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21 Will operates posthumous.

True

22 Court cannot easily cancel or revoke the gift.

False

23 Court can easily cancel or revoke a gift.

True

24 Will is a transfer of right to take effect after the death of

Testator

25 Doctrine of Mushaa has no application in the gift.

False

26 Doctrine of Mushaa has no application in case of disposition made by will.

True

27 Doctrine of Mushaa is applicable in the gift.

True

28 Doctrine of Mushaa is applicable in case of disposition made by will.

False

29 In a gift transaction, delivery of ________ is necessary.

Possession

30 In a Will transaction delivery of possession is not necessary.

True

31 In a death illness the power to give by gift is reduced to

One-Third

32 In Hiba there is no need of

Registration

33 In Hiba, delivery of possession is

Must

34 In Hiba, transfer of ownership

Occurs

35 In gift, transfer of ownership is

Not must

36 Gift is complete by registration of

Deeds

37 Revocation must be by consent of the done or decree of court, according to Shia law.

False

38 Revocation is completed by a mere declaration and without a decree, according to Sunni law.

False

39 Gifts between husband and wife can be given during subsistence of marriage only according to Sunni Law.

True

40 Revocation must be by the consent of done or decree of court, according to Sunni Law.

False

41 Revocation is completed by a mere declaration and without any decree, according to Shia Law.

True

42 Gift can be exchanged between husband and wife after their separation, according to Shia Law.

True

43 Gifts can be exchanged between husband and wife after their separation, according to Sunni Law.

False

44 The whole property may be gifted to any person.

True

45 Subject matter must be in existence at the time of making gift.

True

46 The literal meaning of Waqf is

Detention

47 No religious motive is necessary in a trust.

True

48 A trustee cannot demand remuneration.

True

49 Waqf should have a

Religious motive

50 A trustee may not be beneficiary.

False

51 The object of Waqf should be

Charitable or Pious

52 Mutawalli may ask for remuneration.

True

53 Trust may not have any object.

False

54 The trustee has superior power of using the property because he is the

Legal owner

55 Mutawalli is a mere receiver and

Manager

56 Trust should have a religious motive.

False

57 A trustee may be

Beneficiary

58 A founder, except a Hanafi Muslim cannot reserve any benefits for himself.

True

59 The Waqif must profess

Islam

60 The Waqif must be a

Major

61 The Waqif must be

Owner of the property

62 The Waqif may be a

Male or Female

63 A minor cannot be a Waqif.

True

64 A lunatic can be Waqif.

False

65 Pre-emption literally means adding

True

66 A minor is a person who has not attained the age of

Puberty

67 Under Maliki School of Law, a mother is entitled to the custody of her child till his

Puberty

68 Appointment of a testamentary guardian can be made either

Orally or in writing

69 Intention to appoint a testamentary guardian may not be clear.

False

70 Guardianship once accepted cannot be revoked except with the permission of the

Court

71 A testamentary guardian is also called

Wali or Ameen

72 Under Shafei law, mother is entitled to the custody of her child till his puberty.

False

73 A mother has the power of appointing a testamentary guardian for the property of her minor children under

Sunni and Shia Law

74 Under Muhammadan law, __________ is the natural guardian of the minor and his property.

Father

75 Mother is not the legal guardian of her minor son.

True

76 Brother is a legal guardian of his minor sister.

False

77 Paternal uncle is not a legal guardian under Muslim Law.

True

78 A de facto guardian has no power to transfer any right or interest in the immovable property of the minor.

True

79 The ward may leave without the permission of his guardian.

True

80 On the death of the Ward, the guardianship comes to an end.

True

81 A Muhammadan may make a Waqf during his lifetime or by a will which is called

Testamentary Waqf

82 When the Waqif makes a declaration of Waqf, a Waqf is

Complete

83 Under the Shia law, delivery of possession must be there in

Waqf

84 Waqf must be

Immediate and Un-contingent

85 Once a Waqf is declared, it becomes irrevocable according to

Imam Abu Yusuf

86 The Waqf can be revoked by the founder unless the declaration has been confirmed by a court order, according to

Hanafi Law

87 Waqf property may be exchanged for an equivalent property.

True

88 Every Muslim of sound mind, having age of majority can make a gift.

True

89 To wife the authority to divorce herself is called

Ikhtiar

90 If the wife desire to be separated from her husband, it is called

Khula

91 Maternity is the legal relation between the mother and her

Child

92 A bequest in Islam is a

Contract

93 The term Wajib means an act the performance of which is ______ for the object.

Obligatory

94 Wajib Mutlaq is an act whose performance has been demanded by the Lawgiver but He has not fixed a _________ for its performance.

Definite time

95 When an act is performed properly it is deemed as

Valid (Sahih)

96 The proper classification of laws was first provided by the Hanafi jurists including

Al Sarakhsi

97 Hanafites divide Ikrah into

Three types

98 Ikrah is a situation in which a person is forced to do something

Without his willingness

99 Ijma means

Consensus of legal opinion

100 The majority of Jurists divided the Muttasil Hadiths into

Two types