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
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