LLB Examination Islamic and Personal Law Syllabus

Name the three levels of necessity within Maqasid al-Shariah.

1) Daruriyyat (essentials/necessities), 2) Hajiyyat (needs/complementary), and 3) Tahsiniyyat (embellishments/improvements).

How is Nikah (Muslim marriage) defined in Islamic law?

Nikah is a civil contract (aqd) between a man and a woman, the object of which is the legalisation of sexual relations, procreation, and the mutual rights and duties of spouses. It is not a sacrament but a contract.

What are the essential requirements (essentials) of a valid Nikah?

1) Offer (ijab) and acceptance (qabool) at one meeting, 2) competent parties (of sound mind and majority/puberty), 3) free consent, 4) two competent witnesses (Hanafi: two males or one male and two females), and 5) no legal impediment to marriage.

Classify a Muslim marriage as to validity into its three kinds.

1) Sahih (valid), 2) Batil (void) — e.g., marriage within prohibited degrees, and 3) Fasid (irregular) — a curable defect such as marriage without witnesses or with the fifth wife.

What is the legal effect of a Fasid (irregular) marriage if consummated?

On consummation it entitles the wife to dower (specified or proper, whichever is less), the children are legitimate, and the wife must observe iddat; but it creates no mutual rights of inheritance between spouses.

Define Dower (Mahr) in Muslim law.

Mahr is a sum of money or property which the wife is entitled to receive from the husband in consideration of the marriage. It is an obligation imposed by law on the husband as a mark of respect for the wife.

Distinguish between the two main kinds of dower by mode of fixation.

1) Specified dower (Mahr-i-Musamma) — fixed by agreement at or after marriage; and 2) Proper/customary dower (Mahr-i-Misl) — determined by reference to the dower of women of the wife's family/status when none is specified.

Distinguish between prompt (Mu'ajjal) and deferred (Mu'wajjal) dower.

Prompt dower is payable on demand immediately on marriage. Deferred dower is payable on dissolution of marriage by death or divorce. If not specified, courts/custom determine the proportion.

What remedies does a wife have to enforce her unpaid dower?

She may: 1) refuse conjugal rights until prompt dower is paid (before consummation), 2) sue for the dower debt as an unsecured creditor, and 3) retain possession of the husband's property if lawfully obtained, until dower is satisfied (right of retention).

What is the wife's 'right of retention' for unpaid dower?

A widow or divorced wife who has lawfully and without force obtained possession of her deceased/divorced husband's property may retain that possession until her dower debt is satisfied; it is a personal right and not a charge or lien on the property.

What is the primary purpose and year of the Muslim Family Laws Ordinance?

The Muslim Family Laws Ordinance, 1961 reformed Muslim personal law in Pakistan regarding succession, registration of marriage, polygamy, talaq, and maintenance, based largely on the Rashid Commission's recommendations.

What body is constituted under the Muslim Family Laws Ordinance 1961 to deal with disputes, and how is it composed?

An Arbitration Council, constituted by the Chairman of the Union Council together with one nominee of each party. It handles polygamy permission, talaq reconciliation, and maintenance matters.

What does Section 4 of the MFLO 1961 provide regarding inheritance of predeceased children?

Section 4 provides that the children of a son or daughter who has died before the opening of succession shall inherit, per stirpes, the share their parent would have received had they been alive (representational succession of orphaned grandchildren).

What does Section 6 of the MFLO 1961 require for a man to contract a second marriage?

Section 6 requires prior written permission of the Arbitration Council; a man must apply stating reasons and whether the existing wife/wives consent. The Council grants permission if satisfied the proposed marriage is just and necessary.

What are the consequences under Section 6 MFLO 1961 of contracting a polygamous marriage without permission?

The man must immediately pay the entire dower (prompt and deferred) of existing wife/wives; he is liable on conviction to imprisonment up to one year and/or fine up to five thousand rupees; the marriage itself, however, remains valid.

What does Section 5 of the MFLO 1961 deal with, and what is the penalty for breach?

Section 5 deals with compulsory registration of marriages. Failure of the person solemnising to report/register the Nikah is punishable with imprisonment up to three months and/or fine up to one thousand rupees, but non-registration does not invalidate the marriage.

Under the MFLO 1961, who is responsible for registering a Nikah?

The Nikah Registrar licensed by the Union Council solemnises/registers the marriage; the duty to report and complete the Nikahnama lies on the person who solemnises the marriage.

Define Talaq in Muslim law.

Talaq is the repudiation or dissolution of marriage by the husband through pronouncement of prescribed words, exercising his unilateral right to divorce. It releases the wife from the marital bond.

What are the two broad forms of Talaq, Talaq-us-Sunnah and Talaq-ul-Bidaat?

Talaq-us-Sunnah is the approved form pronounced in accordance with the Prophet's tradition (revocable). Talaq-ul-Bidaat is the disapproved/irregular form (e.g., triple talaq in one sitting), effective immediately and irrevocable.

Distinguish between Talaq Ahsan and Talaq Hasan.

Talaq Ahsan (most approved): a single pronouncement during a tuhr (period of purity) followed by abstinence through iddat — revocable until iddat ends. Talaq Hasan (approved): three pronouncements in three successive tuhrs, becoming irrevocable on the third.

What is Talaq-ul-Bidaat (triple talaq) and its effect?

It is three pronouncements made in a single tuhr or one irrevocable pronouncement, considered sinful/innovative but legally effective at once, dissolving the marriage irrevocably so the parties cannot remarry without an intervening valid marriage (halala).

What procedure does Section 7 of the MFLO 1961 prescribe for pronouncing Talaq, and when does it take effect?

Section 7 requires the husband, after pronouncing talaq, to give written notice to the Chairman of the Union Council and a copy to the wife. The talaq takes effect 90 days after the notice (or end of pregnancy if later), during which the Arbitration Council attempts reconciliation.

Under Section 7 MFLO 1961, what is the effect of failing to give notice of talaq to the Chairman?

Talaq does not become effective without the notice; failure to notify is punishable with imprisonment up to one year and/or fine up to five thousand rupees. (Note: case law has held the talaq may still be revocable/ineffective until the 90-day procedure is observed.)

Define Khula and state its basis.

Khula is the dissolution of marriage at the instance of the wife, in which she obtains release from the marital bond, usually by returning her dower or other consideration to the husband, with his consent or by court decree.

In Pakistan, can a wife obtain Khula without the husband's consent?

Yes. Following Khurshid Bibi v. Muhammad Amin (PLD 1967 SC 97), a Family Court may grant Khula even against the husband's wishes if it finds the spouses cannot live within the limits of God, usually on condition the wife restores the dower received.

Define Mubarat and contrast it with Khula.

Mubarat is a dissolution of marriage by mutual agreement where both spouses desire separation and aversion is mutual. In Khula the desire to separate proceeds from the wife; in Mubarat it is mutual. Both require the wife to observe iddat.

What is the title and year of the statute governing a Muslim woman's right to judicial divorce in Pakistan?

The Dissolution of Muslim Marriages Act, 1939.

List the main grounds on which a Muslim woman may seek dissolution of marriage under the Dissolution of Muslim Marriages Act 1939.

Grounds include: husband's whereabouts unknown for 4 years; failure to maintain for 2 years; husband imprisoned for 7+ years; failure to perform marital obligations for 3 years; husband's impotence; insanity/leprosy/venereal disease for 2 years; option of puberty; cruelty; and any other ground recognised as valid under Muslim law.

Under the Dissolution of Muslim Marriages Act 1939, what is the 'option of puberty' (Khyar-ul-Bulugh)?

A woman given in marriage by a father or guardian before age 16 may repudiate the marriage before turning 18, provided the marriage was not consummated. This is the option of puberty.

How does the Dissolution of Muslim Marriages Act 1939 define cruelty as a ground for divorce?

Cruelty includes habitual assault or making the wife's life miserable, associating with women of evil repute, attempting to force her into immorality, disposing of her property, obstructing her religious practice, or unequal treatment where the husband has more than one wife (not treating her equitably per the Quran).

What is the effect of a woman's apostasy from Islam on her marriage under the Dissolution of Muslim Marriages Act 1939?

Under Section 4, renunciation of Islam by a married Muslim woman does not by itself dissolve her marriage; she retains the right to seek dissolution on the grounds listed in the Act (apostasy is not an automatic ground).

Define Iddat (the waiting period) and state its purpose.

Iddat is the prescribed waiting period a woman must observe after dissolution of marriage by divorce or death before she may remarry. Its purpose is to ascertain whether she is pregnant (paternity) and, in case of death, to mourn the husband.

State the duration of Iddat for divorce, for death of the husband, and for a pregnant woman.

Divorce: three menstrual courses (or three lunar months if she does not menstruate). Death of husband: 4 months and 10 days. Pregnancy: until delivery of the child (this prevails over the other periods).

During the iddat period following divorce, what maintenance is the wife entitled to?

The husband is bound to maintain the divorced wife throughout her iddat period. After iddat ends, the husband's general duty to maintain her ceases (subject to deferred dower and any maintenance of children).

What is the husband's general duty of maintenance (Nafqah) toward his wife during marriage?

A husband is bound to maintain his wife — providing food, clothing, and lodging — so long as she is faithful and obedient and resides where he wishes, irrespective of her own means. Refusal entitles her to sue for maintenance.

Under the MFLO 1961, what recourse does a wife have if the husband fails to maintain her, and who decides quantum?

Under Section 9, she may apply to the Arbitration Council, which issues a certificate determining the maintenance to be paid; unpaid maintenance is recoverable as arrears of land revenue. A husband with more than one wife may face separate determinations for each.