Jagannath University

LL B (Hons) First Year First Semester Final Examination, 2023

1 (a) Briefly discuss the sources of Muslim Law. Is there any distinction between
Hadith and Sunnah? Can an Ijm'a of one age be repealed by Ijm'a of a subsequent
age?
(b) "The contents of Muslim Law are substantially based on the Pre-Islamic Arabian
customs and usage."-explain.
2. Explain the validity and legal effects of the following marriages:
i. A Muslim woman married within 30 days of her husband's death.
ii. A Muslim male married her mother's sister.
iii. Nasima was forcefully married to Akbar when she was only 16.
iv. Hasan and Safia got married without any witness.
v. Sulaiman married Papia for a period of six months.
3.(a) When does a talaq become irrevocable? State the differences between 'Khula'
and 'Mubarat'.
(b)Discuss the statutory procedure of 'Talaq' in Bangladesh. State the legal effect of
non-service of notice of 'Talaq'.
(c)Discuss the amount and conditions regarding payment of dower. Does a widow
possess any right in case dower is not paid?
4. (a) Which acts amount to cruelty under the Dissolution of Muslim Marriages Act
of 1939?
(b) What do you mean by Option of Puberty? Under what circumstances can a girl
married by her father exercise this right?
(c) A husband is sentenced to imprisonment for a period of seven years, while an
appeal against this sentence is still pending. Can a family court pass a decree for
dissolution of marriage against him on this ground?
5. (a)In what circumstances a wife is not entitled to maintenance? What is the status
of 'Post Divorce Maintenance' in Bangladesh? Discuss in light of a remarkable case.
(b) What remedies are available to a Muslim wife when her husband refuses to
provide maintenance to her?
(c) Give a brief overview of the Parents' Maintenance Act, 2013.
6. (a) Discuss the essential conditions of a valid Gift. Briefly discuss the rules
regarding revocation of Gift. Distinguish between 'Hiba-bil-ewaz' and 'Hiba-bil-
shartil-ewaz'.
(b) Explain the status of the following gifts:
i. 'A' makes a gift to 'B' of the fruit that may be produced by his mango garden
this year.
ii. 'A' executes a deed of gift in favor of 'B', containing the words "So long as I
live, I shall enjoy and possess the properties, and I shall not sell or make gift
to anyone, but after my death, you will be the owner."
7. (a) Write down the essential conditions of a valid Will. To what extent a 'Will' can
be made? State the differences between 'Will' and 'Gift'.
(b) Explain the validity of the following Will:
i) 'A' bequeaths a piece of silver to 'B', and then fashions it into a ring.
ii) 'A' Muslim made a bequest to an heir subject to the condition that the legatee
should not alienate the property bequeathed.
iii) 'A' Muslim dies leaving a surviving son, a father and a paternal grandfather. He
made a will of one third of his property to his grandfather.
8. (a)What is waqf? Discuss the characteristics of waqf. Explain the qualifications
and procedure of the appointment of a mutawali.
(b)Enumerate legal provisions regarding the recovery of maintenance of a divorced
wife in Bangladesh.
First Year First Semester, Final Examination 2022
1.(a) What do you mean by 'Schools of Islamic Law? What factors, in your opinion,
were significant in the evolution of all these schools? Describe what makes these
schools remarkable.
(b) What constitutes a Muslim? How can you address a problem where the Quran
and Hadith remain silent?
2. (a)State the differences between a contract of marriage and a purely civil contract.
Explain the ‘Doctrine of Kafa'. Discuss the legal effects of 'Valid' and 'Irregular
marriage.
(b) Can the parents give consent to marriage on behalf of a minor child? What are
the legal repercussions of this marriage?
(c) What punishments are provided for the non-registration of a Muslim marriage?
3. (a) On what grounds a Muslim wife can get a decree for the dissolution of
marriage? Discuss the statutory procedure of 'Talaq' in Bangladesh. State the legal
effect of non-service of notice of "Talaq.
(b)Is registration of 'Talaq' mandatory in Bangladesh? Discuss the legal status of
'Hilla' marriage in Bangladesh.
4. (a) Define the term 'Wasiyat'. To what extent can a will be made? State the
differences between 'will' and 'Gift'.
(b) Explain the validity of the following will:
i. A, a Muslim makes a will of a house in favor of 'B'. Subsequently, he makes
a gift of the said house in favor of 'C'.
ii. A bequest to a person not in existence at the time of making a will, but born
before the testator's death.
5. (a) What are the elements of a valid 'waqf'? Describe the powers and functions of
the waqf administrator.
(b) 'A' made a waqf for the benefit of his wife, daughter, and the heirs of the daughter.
Is it a valid waqf?
(c) What do you mean by 'Pre-emption' or 'Sufa"? What are the rules and formalities
of Pre-emption under Muslim law?
6. (a) Define the term 'Marz-ul-maut'. What are the conditions necessary for the
validity of a gift made during the 'Marz-ul-maur'?
(b)Explain the status of the following gifts:
 i. A, made a gift of a piece of land in favor of his wife B in January 2023 and
lensted ever the possession thereof. Subsequently, in April he revoked the gift.
ii. X makes a gift of a piece of land to Z with the condition that 2 should not
transfer the same.
iii. A Muslim lady executed a deed of gift in favor of her nephew in respect of
house which they resided together. The deed contained no recital as to the
delivery of possession. The deed was not handed over to the nephew and the
lady paid Municipal taxes after execution of the deed.
7. (a)Define dower. Discuss in brief the different classes of dower.
(b)Analyze the following situations mentioning when a woman is entitled to full,
half or no dower:
i. An irregular marriage is dissolved before consummation either by death or
divorce and the dower was fixed or not fixed.
ii. Dower was fixed and divorce takes place before consummation.
8. Do you think that the Parents' Maintenance Act, 2013 is a very progressive and
praiseworthy law. Can this law ensure effective social security for aged parents?
Write in brief.
First Year FirstSemester, Final Examination 2021
1.(a) Draw a diagram showing different sources of Muslim Law. Identify differences
between ljma and Qiyas.
(b)Narrate the scope and application of Sharia Law in Bangladesh.
2. (a)Islamic marriage is a civil contract which requires neither a priest nor ceremony
nor a Qadi for its performance. Explain the statement with reference to the nature of
a Muslim marriage.
(b) (i) The whereabouts of a Muslim husband could not be traced by his wife for five
years. Undersuch circumstances she enters into a marital tie with another Muslim
male. Explain the validity and legal effects of the later marriage.
(ii) Suppose, Mr. Islam Khan married a Hindu woman. They have one son and one
daughter. What is the status of those issues? Are they entitled from their parents?
3. Define the term waqf. Discuss the power and functions of a Mutawalli? How is
he appointed? When he can alienate the waqf property? When can he be removed
from his part? Explain the flaws relating to waqf-alal-awlad.
4. (a) Define dower. Discuss in brief the difierent classes of dower.
(b) Analyze the following situations mentioning as to when a woman is entitled to
full, half or no dower:
(i) An irregular marriage is dissolved before communication either by death
or divorce and dower was fixed or not fixed.
(ii) Dower was fixed and divorce takes place before communication.
5. What are the various schools of Islamic law? How did these schools develop from
time to time? Explain the distinguishing features of these schools.
6. (a) Define Talaq-al-bida and Talaq-e-tafweed. What are the statutory formalities
to be observed by a Muslim husband while pronouncing talaq?
(b) Elaborate the concept of Hilla marriage.
7. (a) What do you mean by gift? X makes a gift of a plot to his wife through a
registered deed of gift. 'X' now wants to revoke the gift. Give your reasoned opinion
in this regard.
(b)Discuss the validity of the following cases:
i. A will made in favour of wife.
ii. A will made in favour of a non-muslim.
8. Do you think that the Parents' Maintenance Act, 2013 is very progressive and
praiseworthy law? Can this law ensure effectively social security of aged parents?
Write in brief.
First Year First Semester Final Examination 2020
1. a) What are the sources of muslim law?
b) Narrate the scope of application of Sharia law in Bangladesh with reference to the
Muslim Personal Law (Shariat) Application Act, 1937.
2. Define marriage under muslim law. Identify the legal consequences of valid and
irregular marriage.
3. Explain the validity of the following marriages and explain the legal effects of
each of them-
i) A muslim woman marries within 30 days of her husband's death.
ii) Nasima was forcefully married to Akbar when she was only 16.
4. a) Discuss and contrast the Islamic Law and statutory law in respect of so called
Hilla marriage.
b) Nuran divorces his wife by a single irrevocable talaq. He wants to make it
effective. Advise the husband as to his legal position.
5. Define different classes of talaq. Mention the provisions of law relating to talaq
as provided in the Muslim Family Laws Ordinance, 1961.
6. Differentiate guardianship from custody. Who does get the right to custodial
care?
7. Enumerate legal provisions regarding recovery of maintenance in Bangladesh.
8. What is waqf? Discuss the characteristics of waqf. Explain the qualifications and
procedure of appointment of a mutawalli.
9. a) 'X' makes a gift of a plot to his wife through a registered deed of gift. 'X' now
wants to revoke the gift. Give your reasoned opinion in this regard.
b) 'No bequest in favour of an heir.' Explain.
10. Define the term 'Shufaa' or Pre-emption according to Muslim Law. Who are
entitled to exercise the right of pre-emption? Discuss the other important aspects of
the law of pre-emption under Muslim Law.
First Year First semester Final Examination 2019
1. a) What are the sources of muslim law? Give an account of those sources.
b) Narrate salient features of Hanafi school. Differentiate Maliki from Hanbali
school.
2. a) "Non-registration does not invalidate a marriage but it casts doubts." Explain
the statement in the light of leading cases and relevant statutes.
b) Examine the validity of the following marriages and write down the legal effects
of each of them:
(i) Shamima was forcefully married to Hashem when she was only 16.
(ii) 11. Kabir conducts his second marriage without the permission of his existing
wife, but with the permission of Arbitration Council.
3. a) Narrate the scope of application of Sharia law in Bangladesh with reference to
the Muslim Personal Law (Shariat) Application Act, 1937.
b) Is muslim marriage a civil contract? Answer it with reference to Abdul Kader vs
Salima ((1886) 8 Allahabad 149), Khurshid Bibi vs Muhammad Amin (PLD
1967 SC 97) and Anwar Hossain vs Momtaz Begum (51 DLR (HCD) (1999)
444).
4. a) Discuss and contrast the Islamic law and statutory law in respect of so called
Hilla marriage.
b) Advise the husband in each of the following cases as to his legal position:
i. X says to his wife Y, "if you go out of the house after sunset, you will be triply
divorced." Y goes out of the house after sunset. X then asserts that he did not
mean to divorce her and continues to live with her.
ii. N divorces his wife M by a single irrevocable talaq. He wants to make it
effective
5. a) What is the minimum and maximum amount of dower? Answer with reference
to the Quranic verses and practices of the Prophet (SM).
b) Arif married Sumaiya and died before consummation. Will Sumaiya be entitled
to any dower? Write with reference to one verse of the Holy Quran.
6. a) What are the limitations to the testamentary capacity of a testator in making a
bequest. Describe the reasons behind these limitations. Illustrate your answer.
b) "A gift during marz-ul-maut is a gift of amphibious nature, not exactly a gift, nor
exactly a legacy." Explain.
7. a) What is waqf? Discuss the essential elements of a valid waqf. Give your opinion
about the recent Waqf (Transfer of Property and Development) Special Provisions
Act, 2013.
b) If there is a competition among the claimants of pre-emption, who would get
priority?
8. a) When present, past and future (post divorce) maintenance is to be paid? Answer
with reference Jamila Khatun vs Rustom Ali (48 DLR (AD) 110) and Hefzur
Rahman vs Shamsun Nahan Begum and Another (51 DLR (AD) 172).
b) Discuss 'the best interest of the child' principle in cases involving the question of
guardianship with reference to Md. Abu Baker Siddique vs SMA Bakar and
Others (38 DLR (AD) 106) and Dr. Md. Rashidul Islam vs Morsheda Parveen
(34 CLC (AD) 3225).