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Problem based questions of muslim law

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lOMoARcPSD|22892354




Muslim law problems with solutions as per KSLU syllabus


Llb 3 years (Karnataka State Law University)




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1. 'Neha' decided to get rid of her husband 'Javid'' But Javid refuses to
give divorce. So she proposed 10 lakh rupees as consideration for
'Khula'. Can she do so? What are its effects ?
She cannot do so because if she covert to Muslim then she has right of Khula
or else if she is married it comes under the Special Marriage Act. Then she
has dissolve her Marriage as per Indian Divorce Act. As they were in live- in
relationship she is not having the right to dissolve the marriage.

2. Aslam and Banu are close friends. They decided to live together without
undergoing formalities of marriage' After getting a child their
relationship were strained. Now Banu is looking for a remedy, Advice.
Living together without marriage is considered a sin under Mohammaden Law.
She is not having any remedy.


3. A Sunni Muslim dies leaving a son and a daughter. By his will, he
bequests ¾ of his estate to the son and ¼ to his daughter. The daughter
does not consent to the disposition. Decide.
According to Mohammedan law, a Sunni Muslim cannot dispose of by Will
more than one-third of what remains of his property after his funeral expenses
and debts are paid.
Therefore, the remaining two-thirds of the property must go to the heirs of the
deceased as in intestacy (i.e. the persons entitled to the estate of the deceased as
per Mohammedan laws of succession applicable to such deceased), unless his
heirs consent to the bequest in excess of the third in favour of another.




4. R, a Muslim has two sons, S and T. S dies in the life-time of R leaving a
son D. Then R dies leaving T and D. How can R's property be distributed ?
Decide.
Muslim law recognizes two types of heirs, Sharers and Residuaries. Sharers are
the ones who are entitled to a certain share in the deceased’s property and
Residuaries would take up the share in the property that is left over after the
sharers have taken their part.




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