Family Law II

5-mark questions:

1. Are the disciplines of Islamic law and Muslim law identical in nature? Discuss with reasons.

2. Briefly discuss the Muslim law on khayr-ul-bulugh.

3. Rehana was the daughter of Amir Ali. Amir Ali’s father’s sisters son Kasim wanted to marry Rahana.
Rehana was married to Kasim according to Hanafi law. Discuss the validity of the marriage. Discuss the
position of law if parties were Hindu.

4. Briefly enumerate the circumstances in which the amount of dower becomes payable to a Muslim
wife.

10-mark questions:

1. Differentiate between qiyas, istihsan and istislah.

2. Critically discuss the importance of custom as a source of family law for Muslims in India.

3. Air Force employee Mohammed Khalid in 2012 married to Rizwana according to Sunni Muslim law.
Twin daughters were born in 2013. Rizwana found that Khalid, had deceitfully married her by
concealing his two previous marriages, which she discovered within two years of their marriage.
Rizwana found two dependant cards in her husband's bag issued by the Air Force which carried names
and photographs of two women addressed as Khalid’s spouse. When Rizwana sought a divorce, Khalid
contended that Muslim law allowed him to marry without divorcing his wives. When she asked him to
divorce his previous wives, he deserted her. Few days later, she received an email from her sister-in-
law stating that Khalid had pronounced talaq against her, declaring his intention to the family
members present before him at the moment of this pronouncement. Assuming that the parties are
subject to Hanafi law, advise Rizwana in view of the law on dissolution of Muslim marriages in India,
with special reference to the recent judicial and statutory developments. (Dissolution of marriage)

4. Can a Muslim marriage be terminated by means of khul without the consent of the husband?
Critically discuss.

No

5. Is a divorced woman entitled to maintenance from her former husband beyond the iddat period?
Answer with reference to appropriate legislative provision(s) and judicial decision(s).