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AIBE Exam – Muslim Law | MCQs & Practice Questions

📘 Introduction

Muslim Law, also called Mohammedan Law, is a personal law that governs Muslims in India on matters such as marriage, divorce, maintenance, gift, will, inheritance, guardianship, and religious endowments (Waqf).

For the AIBE exam, Muslim Law usually carries a small but scoring chunk of questions. Most questions are direct: definitions, types of talaq, iddat period, shares in inheritance, essentials of Hiba, and important case laws.

This page covers everything in simple human language so you can revise it quickly even one day before the exam.

📗 Meaning and Nature of Muslim Law

Meaning: Muslim Law is the body of rules that Allah has revealed for the guidance of Muslims, applied through personal law in India.
Nature: It is largely divine in origin but interpreted and developed by jurists over centuries.
Application in India: Applied under the Muslim Personal Law (Shariat) Application Act, 1937 to Muslims in matters of marriage, divorce, maintenance, gift, will, waqf, and inheritance.
Not codified fully: Many areas remain uncodified and depend on classical texts and judicial interpretation.

📙 Sources of Muslim Law

Primary Sources

Quran: The supreme and original source. Word of Allah revealed to Prophet Muhammad.
Sunna / Hadith: Traditions, sayings, and practices of the Prophet.
Ijma: Consensus of Muslim jurists on a legal question.
Qiyas: Analogical deduction from the Quran, Sunna, or Ijma.

Secondary Sources

Customs and usage (Urf)
Judicial decisions of Indian courts
Legislation (e.g., Shariat Act 1937, Dissolution of Muslim Marriages Act 1939, Muslim Women (Protection of Rights on Marriage) Act 2019)
Justice, equity, and good conscience

📕 Schools of Muslim Law

Muslims are broadly divided into two sects: Sunni and Shia. Each has further sub-schools.

Sunni Schools

Hanafi — founded by Imam Abu Hanifa (most followed in India)
Maliki — founded by Imam Malik
Shafi — founded by Imam Shafi
Hanbali — founded by Imam Ahmad bin Hanbal

Shia Schools

Ithna Ashari (Twelvers) — most common
Ismailiya
Zaidiya

Tip: In India, most Muslims follow the Hanafi school of Sunni Law. AIBE often asks questions on Hanafi rules.

💍 Marriage (Nikah)

Nature: Under Muslim law, marriage (Nikah) is a civil contract, not a sacrament. It is meant for procreation, legalisation of children, and mutual companionship.

Essentials of a Valid Muslim Marriage

Proposal (Ijab) and Acceptance (Qubul) — must take place at the same meeting.
Competent parties — both must be of sound mind and have attained puberty (presumed at 15 years).
Free consent — no force, fraud, or mistake.
Witnesses — under Sunni law, two male witnesses or one male and two females are required. Shia law does not require witnesses at the time of nikah.
No legal impediment — no prohibited relationship (consanguinity, affinity, fosterage).
Dower (Mahr) — payable to the wife.

Classification of Muslim Marriage

Sahih (Valid): Fulfils all essentials. Full legal effects.
Batil (Void): Forbidden absolutely (e.g., marriage within prohibited degrees). No legal effect at all.
Fasid (Irregular): Defect that can be cured (e.g., marriage without witnesses under Sunni law, marriage with a fifth wife, marriage with woman in iddat). Recognised only under Sunni law — Shia law treats such marriages as void.

💰 Mahr (Dower)

Meaning: Mahr is a sum of money or property the husband promises to pay the wife as a consideration of marriage. It is the wife's exclusive right.

Kinds of Mahr

Specified Mahr (Mahr-i-Musamma): Fixed at the time of marriage.
- Prompt (Muajjal): Payable on demand.
- Deferred (Muwajjal): Payable on death or divorce.
Proper / Customary Mahr (Mahr-i-Misl): Determined by court based on social position of the wife's family if no Mahr is fixed.

Important Points

Mahr is a debt; the wife can sue for it.
Widow has a right to retain her husband's property until Mahr is paid (right of retention).
Under Hanafi law, minimum Mahr is 10 dirhams; under Maliki, 3 dirhams; no maximum limit.

⚖️ Divorce Under Muslim Law

Modes of Divorce

By Husband: Talaq (Ahsan, Hasan, Biddat), Ila, Zihar
By Wife (with husband's delegation): Talaq-e-Tafweez
By Mutual Consent: Khula, Mubarat
By Judicial Process: Lian, Faskh (under Dissolution of Muslim Marriages Act, 1939)

Talaq-e-Ahsan (Most Approved)

Single pronouncement of talaq during tuhr (period of purity).
Followed by abstinence during the iddat period.
Revocable until iddat ends.

Talaq-e-Hasan (Approved)

Three pronouncements in three successive tuhrs.
Revocable until third pronouncement.
After third pronouncement, divorce becomes final.

Talaq-e-Biddat (Disapproved)

Three pronouncements in one sitting, OR one irrevocable pronouncement.
Held unconstitutional in Shayara Bano v. Union of India (2017).
Now criminalised under the Muslim Women (Protection of Rights on Marriage) Act, 2019 — punishable with up to 3 years' imprisonment.

Khula

Divorce at the wife's instance, with consent of the husband.
Wife gives some consideration (often returns Mahr).

Mubarat

Divorce by mutual consent of both parties.
Both wish to separate — no consideration required from either side.

Ila

Husband takes an oath not to have sexual intercourse with his wife for four months.
If he keeps the vow, marriage dissolves.

Zihar

Husband compares his wife with a woman within prohibited degrees (e.g., "You are like my mother").
Wife can approach court for restitution or divorce until husband performs penance.

Lian

Husband falsely accuses his wife of adultery.
Wife can file a regular suit for dissolution of marriage.

🕰️ Iddat

Meaning: Iddat is the waiting period a woman observes after divorce or death of her husband, before she can remarry. Its purpose is to ascertain pregnancy and respect the marital bond.

Situation	Iddat Period
Divorce — woman menstruating	3 menstrual courses
Divorce — non-menstruating woman	3 lunar months
Death of husband	4 months and 10 days
Pregnant woman	Until delivery of child

💵 Maintenance Under Muslim Law

A Muslim husband is bound to maintain his wife during marriage and during the iddat period.
Under classical law, no maintenance is payable after iddat.
Mohd. Ahmed Khan v. Shah Bano Begum (1985): Supreme Court held that a divorced Muslim woman is entitled to maintenance under Section 125 CrPC.
Muslim Women (Protection of Rights on Divorce) Act, 1986: Enacted in response; entitled wife to reasonable and fair provision during iddat.
Danial Latifi v. Union of India (2001): Supreme Court interpreted the 1986 Act to mean that a husband must make reasonable provision for his divorced wife extending beyond iddat.

👶 Legitimacy and Paternity

A child born during a valid marriage is presumed legitimate.
Acknowledgement of paternity (Iqrar) by the father establishes legitimacy where direct proof is missing.
Once acknowledgement is made and accepted, it cannot be revoked.
Muslim law does not recognise adoption in the traditional sense — but it allows kafala (caretaking).

🛡️ Guardianship and Hizanat

Types of Guardianship

Guardianship of person (Hizanat): Custody and physical care.
Guardianship of property: Management of property.
Guardianship in marriage (Jabr): Right to give a minor in marriage.

Hizanat (Custody)

Mother has the first right of custody of young children.
Hanafi (Sunni): Custody of son until 7 years; daughter until puberty.
Shia: Custody of son until 2 years; daughter until 7 years.
After these ages, custody passes to the father.
Welfare of the child is the paramount consideration in modern courts.

🎁 Gift (Hiba)

Meaning: Hiba is the immediate, voluntary, and unconditional transfer of property without any consideration, accepted by the donee.

Essentials of a Valid Hiba

Declaration of gift by the donor (Ijab)
Acceptance by the donee (Qubul)
Delivery of possession (Qabza) — actual or constructive

Important Rules

Writing is not necessary; an oral gift is valid if the three essentials are satisfied.
Section 129 of Transfer of Property Act exempts Hiba from registration requirement.
Father can make Hiba to minor child without actual delivery (constructive delivery).
Donor must be of sound mind and major.
Subject matter must exist and be transferable.

Kinds of Hiba

Hiba-bil-iwaz: Gift for consideration (treated like sale).
Hiba-ba-shart-ul-iwaz: Gift with stipulation for return.
Areeat: Gift of usufruct only, not ownership.

📜 Will (Wasiyat)

A Muslim can bequeath only up to one-third (1/3rd) of his net estate (after debts and funeral expenses).
Bequest of more than 1/3rd requires consent of heirs after the testator's death.
A bequest in favour of an heir is invalid under Sunni law unless other heirs consent.
Under Shia law, bequest to an heir is valid up to 1/3rd without other heirs' consent.
Testator must be major and of sound mind.
Will can be oral or written; no specific form required.
Will can be revoked any time during the testator's life.

🕌 Waqf

Meaning: Waqf is the permanent dedication by a Muslim of any property for any purpose recognised by Muslim law as religious, pious, or charitable.

Essentials of a Valid Waqf

Permanent dedication of the property
By a person professing Islam (under classical law)
For a purpose recognised by Muslim law as pious, religious, or charitable
Property must be owned by the dedicator (Waqif)

Key Features

Ownership of the property is transferred to Allah; the Mutawalli only manages it.
Once created, Waqf is irrevocable.
The Waqf Act, 1995 governs management of Waqf properties in India.
Mutawalli has no power to sell, mortgage, or exchange Waqf property without court permission.

🏠 Right of Pre-emption (Shufa)

Meaning: The right of a person to acquire by purchase an immovable property which has been sold to another person, on the same terms.

Who Can Claim Pre-emption?

Shafi-i-Sharik: Co-owner of the property
Shafi-i-Khalit: Owner of an easement on the property
Shafi-i-Jar: Neighbour

Three Demands (Mandatory)

Talab-i-Muwasibat: Immediate declaration on hearing about the sale.
Talab-i-Ishhad: Formal demand made before witnesses.
Talab-i-Tamlik: Demand by filing a suit in court (if needed).

📊 Inheritance Under Muslim Law

Muslim law of inheritance is governed by clear rules from the Quran. The estate is distributed only after payment of funeral expenses, debts, and bequests (up to 1/3rd).

Classes of Heirs (Sunni Law)

Sharers (Quranic Heirs / Zawil-Faraiz): Persons entitled to a fixed share — there are 12 (e.g., wife, husband, mother, father, daughter).
Residuaries (Asaba): Take whatever remains after the sharers — generally agnates.
Distant Kindred (Zawil-Arham): Blood relatives who are neither sharers nor residuaries; inherit only when no sharer or residuary exists.

Shia Law Classification

Heirs by consanguinity (blood)
Heirs by marriage (husband / wife)
Shia law does not recognise the concept of Residuaries (Asaba).

Inheritance Quick Table (Sunni Law)

Heir	Share (when no exclusion)	Notes
Husband	1/2 (no child) ; 1/4 (with child)	Always a sharer
Wife	1/4 (no child) ; 1/8 (with child)	Shared if more than one wife
Father	1/6 (with child)	Residuary if no child
Mother	1/6 (with child); 1/3 (no child)	Reduced if siblings exist
Daughter	1/2 (single); 2/3 (two or more)	Residuary if son also present
Son	Residuary	Takes double the daughter's share
Full Sister	1/2 (single); 2/3 (two or more)	If no son / father / grandfather

Important Doctrines

Doctrine of Aul (Increase): When sharers' total exceeds unity, each share is proportionally reduced.
Doctrine of Radd (Return): When sharers' total is less than unity and no residuary exists, the remainder returns to sharers proportionally.
Per capita (Sunni) vs Per stirpes (Shia) distribution.
No concept of joint family or birthright in Muslim law — inheritance opens only on death.

🔍 Important Distinctions (Exam Favourites)

Concept	Sunni Law	Shia Law
Witnesses at marriage	Required	Not required
Marriage in iddat	Irregular (Fasid)	Void (Batil)
Muta marriage	Not recognised	Recognised (Ithna Ashari)
Bequest to heir	Invalid without consent	Valid up to 1/3rd
Residuaries (Asaba)	Recognised	Not recognised
Custody of son	Until 7 years	Until 2 years
Custody of daughter	Until puberty	Until 7 years
Talaq-e-Biddat	Recognised earlier (now unconstitutional)	Never recognised

Khula vs Mubarat

Point	Khula	Mubarat
Initiation	By wife	By either party (mutual)
Consent	Husband's consent needed	Both consent
Consideration	Usually wife returns Mahr	No consideration needed
Reason	Wife wants release	Mutual dislike

🧭 Flowchart — Modes of Dissolution of Muslim Marriage

🧠 Mind Map — Muslim Law at a Glance

Muslim
Law

Sources
Quran • Sunna • Ijma • Qiyas

Schools
Sunni • Shia

Marriage
Nikah • Mahr

Divorce
Talaq • Khula • Mubarat

Inheritance
Sharers • Residuaries

Hiba
Gift • 3 Essentials

Waqf
Permanent Dedication

Guardianship
Hizanat

🛣️ Study Roadmap for AIBE — Muslim Law

Day 1: Read Sources, Schools, Sunni-Shia distinction.

Day 2: Master Marriage (Nikah) — essentials, classification, Mahr.

Day 3: Learn all modes of Divorce — Talaq types, Khula, Mubarat, Ila, Zihar, Lian.

Day 4: Iddat periods, Maintenance, Shah Bano & Danial Latifi.

Day 5: Guardianship, Hizanat ages, Legitimacy.

Day 6: Hiba — 3 essentials, kinds; Wasiyat — 1/3 rule.

Day 7: Waqf, Pre-emption (3 demands).

Day 8: Inheritance — Sharers, Residuaries, Doctrine of Aul & Radd.

Day 9: Solve all MCQs on this page; mark mistakes.

Day 10: Final revision using tables, mind map & quick revision notes.

📝 AIBE-Style MCQs (with toggleable answers)

Q1. Which is the primary and supreme source of Muslim Law? Easy

Sunna
Quran
Ijma
Qiyas

Q2. The Hanafi school was founded by? Easy

Imam Shafi
Imam Malik
Imam Abu Hanifa
Imam Hanbal

Q3. Under Muslim law, marriage (Nikah) is a — Easy

Sacrament
Civil Contract
Religious Sacrament only
Status only

Q4. The iddat period for a Muslim widow is — Easy

3 months
4 months 10 days
3 menstrual courses
6 months

Q5. Talaq-e-Ahsan involves — Moderate

Three pronouncements in one sitting
Single pronouncement during tuhr followed by abstinence
Pronouncement during menstruation
Pronouncement before witnesses only

Q6. Talaq-e-Biddat was declared unconstitutional in — Moderate

Shah Bano case
Danial Latifi case
Shayara Bano v. Union of India (2017)
Mohd. Ahmed Khan case

Q7. The maximum portion of property a Muslim can dispose of by will is — Easy

1/2
1/3
1/4
Whole property

Q8. The essential elements of a valid Hiba are — Moderate

Writing and registration
Declaration, acceptance, and delivery of possession
Consideration and writing
Only declaration

Q9. Khula is — Moderate

Divorce by mutual consent
Divorce at the instance of the wife with husband's consent
Divorce by judicial decree
Divorce by the husband alone

Q10. Mubarat means — Easy

Divorce at wife's instance
Divorce by husband alone
Divorce by mutual consent
Judicial divorce

Q11. Under Hanafi law, custody of a son remains with the mother until — Moderate

2 years
7 years
Puberty
18 years

Q12. Waqf means — Easy

Temporary dedication
Permanent dedication of property for religious, pious or charitable purpose
Transfer to heirs
Conditional gift

Q13. The right of pre-emption is called — Easy

Iqrar
Shufa
Ijma
Areeat

Q14. Lian means — Moderate

Vow of abstinence
False charge of adultery against wife
Comparison of wife with prohibited woman
Mutual divorce

Q15. Shia law does NOT recognise which class of heirs? Hard

Sharers
Residuaries (Asaba)
Distant Kindred
Wife as heir

Q16. Mohd. Ahmed Khan v. Shah Bano (1985) is related to — Moderate

Inheritance rights
Maintenance under Section 125 CrPC
Talaq-e-Biddat
Custody of children

Q17. A marriage with a fifth wife by a Muslim husband is — Hard

Valid
Void absolutely
Irregular under Sunni law, void under Shia law
Always void

Q18. The minimum amount of Mahr under Hanafi law is — Hard

5 dirhams
10 dirhams
3 dirhams
No minimum

✍️ Short Answer Questions

Define Nikah under Muslim law.
What are the essentials of a valid Muslim marriage?
What is Mahr? State its kinds.
Distinguish between Khula and Mubarat.
What is the iddat period in different situations?
What are the essentials of a valid Hiba?
Explain the 1/3rd rule in Muslim wills.
Who is a Mutawalli? What are his powers?
State the three demands in pre-emption.
Differentiate between Sharers, Residuaries, and Distant Kindred.
What is the doctrine of Aul and Radd?
State the rule of custody (Hizanat) under Sunni and Shia law.

📖 Descriptive / Long Answer Questions

Discuss the sources of Muslim law in detail, distinguishing primary and secondary sources.
Explain the various forms of Talaq under Muslim law with reference to recent legislative and judicial developments.
Discuss the law of Hiba (gift) under Muslim law, including its essentials and kinds.
Explain the rules of inheritance under Sunni law, including Sharers, Residuaries, Distant Kindred, and the doctrines of Aul and Radd.
Discuss the law of Waqf, its essentials, kinds, and the role of the Mutawalli.
Critically examine the maintenance rights of a divorced Muslim woman with reference to Shah Bano, the 1986 Act, and Danial Latifi.

🔑 MCQ Answer Key (Consolidated)

Q.No	Answer	Q.No	Answer
1	B – Quran	10	C – Mutual consent
2	C – Imam Abu Hanifa	11	B – 7 years
3	B – Civil Contract	12	B – Permanent dedication
4	B – 4 months 10 days	13	B – Shufa
5	B – Single revocable pronouncement	14	B – False charge of adultery
6	C – Shayara Bano (2017)	15	B – Residuaries
7	B – 1/3	16	B – Maintenance under 125 CrPC
8	B – Three essentials	17	C – Irregular (Sunni) / Void (Shia)
9	B – Wife's instance with husband's consent	18	B – 10 dirhams

🎯 Key Takeaways

Nikah is a civil contract, not a sacrament.
Quran is the supreme source; Sunna, Ijma, and Qiyas follow.
Talaq-e-Biddat is unconstitutional after Shayara Bano (2017).
Maximum bequest = 1/3rd of net estate.
Hiba needs three things: declaration, acceptance, delivery.
Iddat: 4 months 10 days for widows; 3 menstrual courses for divorced women.
Shia law does not recognise Residuaries (Asaba).
Hanafi custody: son till 7, daughter till puberty; Shia: son till 2, daughter till 7.

⚡ AIBE Quick Revision

Sources: Quran → Sunna → Ijma → Qiyas
Marriage Types: Sahih / Batil / Fasid
Mahr Kinds: Specified (Prompt + Deferred) and Proper
Divorce by Husband: Talaq (Ahsan, Hasan, Biddat), Ila, Zihar
Mutual Divorce: Khula (wife initiates) / Mubarat (both initiate)
Hiba Essentials: Ijab + Qubul + Qabza
Will Limit: 1/3rd; bequest to heir invalid under Sunni without consent
Waqf: Permanent + Pious + Property of Waqif
Pre-emption Demands: Muwasibat → Ishhad → Tamlik
Heirs (Sunni): Sharers → Residuaries → Distant Kindred
Important Cases: Shah Bano (1985), Danial Latifi (2001), Shayara Bano (2017)
Acts: Shariat Act 1937; Dissolution of Muslim Marriages Act 1939; MWPRM Act 2019

⚠️ Disclaimer

This resource is for educational purposes only and does not constitute legal advice. Always consult standard textbooks, statutes, and authoritative case law for exam preparation and professional practice.

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