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Guardianship under Muslim Law (UGC/NET)

Description: Legal Aptitude
Number of Questions: 15
Created by:
Tags: Legal Aptitude Concept in Family Law
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Under Muslim law, guardianship in marriage is also known as

  1. jabar

  2. hizanat

  3. hazin

  4. Both (2) and (3)

  5. None of these


Correct Option: A
Explanation:

Lunatics and minors who have not attained puberty may be validly married by their guardians. Under Muslim law, guardianship in marriage is known as jabar.

Who among the following has/have a preferential right to contract his/her/their minor child into marriage?

  1. Father

  2. Mother

  3. Father and mother

  4. Minor child himself

  5. None of these


Correct Option: A
Explanation:

Under the sunni law, the order of guardianship for the purpose of marriage is as to father, paternal grandfather, brother and other relatives, in the same order as for inheritance, mother, other maternal relations and the last government. The father has a preferential right to contract his minor child into marriage.

Under the shia law, who among the following are recognised as guardians in respect of a minor's marriage?

  1. Father and mother

  2. Father and paternal grandfather

  3. Mother and maternal grandfather

  4. All of the above

  5. None of these


Correct Option: B
Explanation:

Under the shia law, the only guardians recognised are father and paternal grandfather.

To which of the following people does the right to custody of a male child and of a female child belong in the first place?

  1. Father

  2. Mother

  3. Both father and mother

  4. Grandfather

  5. None of these


Correct Option: B
Explanation:

The right to custody of a male child (till the age of 7 years; in case of shia) is 2 years and of a female child (till she attains puberty; in case of shia, it is 7 years) belongs in the first place to the mother. Mother's right to custody is known as hizanat.

In which of the following cases does a mother lose her right to the custody of a minor child?

  1. When she is divorced

  2. When she relinquishes Islam

  3. When she is not residing with her husband

  4. When she marries again

  5. All of the above


Correct Option: D
Explanation:

The right of the mother to the custody of a minor child is forfeited if she marries another man. Therefore, the custody belongs to the father, unless her remarriage is dissolved by death or divorce.

Who among the following is a legal guardian of a Muslim minor female?

  1. Father

  2. Grandfather

  3. Mother

  4. Maternal uncle

  5. None of these


Correct Option: A
Explanation:

A legal guardian has the right to alienate the property of the minor in case of urgent necessity. The legal guardian of a Muslim minor female is the father.

Who among the following is/are entitled to appoint a guardian of the property of a minor by will?

  1. Father

  2. Father's father

  3. Mother

  4. Father and father's father

  5. None of these


Correct Option: D
Explanation:

The guardians of the property of a minor are called legal guardians. Father and father's father are the legal guardians of the property. Father and father's father are entitled to appoint the executors under a will.

In which of the following cases may a legal guardian alienate the immovable property of a minor?

  1. When sale is necessary

  2. When double value is obtained

  3. When the property is in danger

  4. When the produce of the property is insufficient to defray the expenses

  5. All of the above


Correct Option: E
Explanation:

Under all of the above circumstances, the legal guardian may alienate the immovable property of a minor.

What is the effect of the sale of a minor's immovable property by a de facto guardian?

  1. Absolutely void

  2. Void but can be ratified by the minor

  3. Voidable

  4. Valid

  5. None of these


Correct Option: A
Explanation:

A de facto guardian is merely a custodian of the person and property of the minor; he or she has no rights, but only obligations in comparison to rights and duties of a natural or legal guardian. He may alienate the movable property of the minor in case of necessity, but he cannot alienate the immovable property. An alienation of the minor's immovable property without the authority of the court by a de facto guardian is absolutely void.

To whom does the custody of an illegitimate child belong under the Muslim law?

  1. Mother

  2. Father

  3. Both mother and father

  4. Waqf board

  5. None of these


Correct Option: A
Explanation:

The mother has the right to custody of her children up to the ages specified in each school of Muslims, irrespective of the fact whether the child is legitimate or illegitimate.

Which of the following is/are de jure guardian(s)?

  1. Legal guardian

  2. Guardian by court

  3. Guardian by waqf board

  4. Both (1) and (2)

  5. None of these


Correct Option: D
Explanation:

Legal guardian and certified guardian are known as de jure guardians under the Muslim law. The court may appoint anyone as a guardian with regard to the welfare of a minor or minor's property.

Against whom can the mother's right of hizanat be enforced?

  1. Husband only

  2. Uncle only

  3. Grandfather only

  4. Any person

  5. None of these


Correct Option: D
Explanation:

The mother has the right of custody so long as she is not disqualified. This right of hizanat can be enforced against the father or any other person.

Under the sunni law, the mother is entitled to the custody of a male child till the age of

  1. two years

  2. three years

  3. five years

  4. seven years

  5. None of these


Correct Option: D
Explanation:

Under the sunni law for the mother, the right to the custody of a male child is till the age of seven years and that of a female child is till she attains the age of puberty.

Under the shia law, the mother is entitled to the custody of a female child till the age of

  1. two years

  2. three years

  3. seven years

  4. puberty

  5. None of these


Correct Option: C
Explanation:

Under the shia law, the mother is entitled to the custody of a female child till the age of seven years.

Which of the following is called the guardian of property under the Muslim law?

  1. Wali

  2. Wasi

  3. Jabar

  4. Hazin

  5. None of these


Correct Option: A
Explanation:

Wali is someone who has “walayah”, which is the authority or guardianship over property. He takes care of the property as a man of ordinary prudence would deal with it if it were his own.

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