Muslim law paper

Q1. Which of the following is/are true?

1) India has given freedom to its citizens for following personal law of their own religion.

2) Divorce granted by ecclesiastical tribunal under Christian personal law is valid as it can override the law
of the land like Muslim Personal Laws.

- Published on 20 Jan 17

a. Only 1

b. Only 2

c. Both 1 and 2

d. Neither 1 nor 2

ANSWER: Only 1

Articles 25 to 28 provide freedom of religion to citizens of India.

Supreme Court has said that divorce granted by ecclesiastical tribunal under Christian personal law are
not valid as it cannot override the law of the land.

The apex Court also rejected a PIL that sought according legal sanction to such separations granted by the
Church Court.

A bench comprising Chief Justice J S Khehar and Justice D Y Chandrachud dismissed the plea saying the
issue has been settled by it in its 1996 verdict delivered in the case of Molly Joseph versus George
Sebastian.

The apex court had then ruled that Canon Law (personal law of Christians) can have theological or
ecclesiastical implications to the parties.

But after the Divorce Act came into force, a dissolution or annulment granted under such personal law
cannot have any legal impact as statute has provided a different procedure and a different code for
divorce or annulment.

Q2. However, when it comes to personal issues (marriage, divorce, inheritance, custody of children, etc.),
Muslims in India are governed by the Muslim Personal Law.

Which of the following is/are true regarding National Commission for Minorities?
Muslim law paper

1) The Chairperson shall hold office for a term of five years.

2) The Union Government set up the National Commission for Minorities (NCM) under the National
Commission for Minorities Act, 2001.

- Published on 18 Jan 17

a. Only 1

b. Only 2

c. Both 1 and 2

d. Neither 1 nor 2

ANSWER: Neither 1 nor 2

Explanation:

The Union Government set up the National Commission for Minorities (NCM) under the National
Commission for Minorities Act, 1992.

Six religious communities, viz; Muslims, Christians, Sikhs, Buddhists, Zoroastrians (Parsis) and Jains have
been notified in Gazette of India as minority communities by the Union Government all over India.

Original notification of 1993 was for five religious communities Sikhs, Buddhists, Parsis, Christians and
Muslims.

The NCM adheres to the United Nations Declaration of 18 December 1992 which states that "States shall
protect the existence of the National or Ethnic, Cultural, Religious and Linguistic identity of minorities
within their respective territories and encourage conditions for the promotion of that identity.

The Commission shall consist of a Chairperson, [a Vice Chairperson and five] Members to be nominated
by the Central Government from amongst persons of eminence, ability and integrity; Provided that five
Members including the Chairperson shall be from amongst the Minority communities.

The Chairperson and every Member shall hold office for a term of three years from the date he assumes
office.

The Chairperson or a Member may, by writing under his hand addressed to the Central Government,
resign from the office of Chairperson or, as the case may be, of the Member at any time.

No act or proceeding of the Commission shall be questioned or shall be invalid merely on the ground of
the existence of any vacancy or defect in the constitution of the Commission.

Q3. Indian Government has said the practice of triple talaq does not correspond to Sharia law. _____
Islamic countries regulate matrimonial law?
Muslim law paper

a. 20

b. 21

c. 23

d. 24

ANSWER: 20

Explanation:

In a landmark SC trial, NDA government has decided to tell the SC that the practice of triple talk is in
conformity with the Sharia is misplaced, because around 20 Islamic countries including Saudi Arabia and
Pakistan regulate matrimonial laws.

Government is set to argue that the plea advanced by the All-India Muslim Personal law Board that triple
talaq is sanctified by the Sharia is wrong

It will also challenge the practice as a violation of the fundamental rights guaranteed by the Constitution
in a secular state like India

Centre will articulate its position in the ongoing case challenging the practice while avoiding the aim to
impose personal laws on minorities

Government has also referred the UCC issue to the Law Commission of India holding wild consultations
with personal law boards and stakeholders

AIMPLB has questioned the courts authority to adjudicate on this religious matter derived from Koran
and Sharia law

Issue of triple talaq has to do with gender justice and it should be non-discriminatory to women and
protect dignity of individuals.

Government sees practices like triple talaq discriminatory and believes it should be regulated under law

20 Islamic countries have regulated marital laws including Pakistan and Saudi Arabia as well as Muslim
majority Bangladesh

In case regulating these laws are not against Sharia in other countries, India too should follow suit

Q4. The first airline compliant with Sharia law has been unveiled in which country?

a. Saudi Arabia

b. Qatar

c. Malaysia

d. UAE
Muslim law paper

ANSWER: Malaysia

Explanation:

Rayani Airlines, a new low-cost airline, follows Sharia rules "based on guidelines by relevant authorities",
according to MD Jaafar Zamhari. Rules include mandatory hijab for female Muslim cabin crew while Non-
Muslims may wear a decent uniform. Prayers will be said before the departure of each flight and alcohol
is strictly forbidden. Food and beverages provided will be haha. Initially, the airline plans to introduce only
domestic flights. Other airlines that comply with some Sharia laws include Etihad and Emirates.