Muslim Marriage and Dower Questions and Answers

Q: An unconsummated Muta marriage would entitle the wife to :

The wife is entitled to half dower.Under Shia law, which alone recognises the muta (temporary) marriage, specification of the dower is essential to its validity. If the marriage is not consummated, the wife is entitled to half of the specified dower; if it is consummated, she is entitled to the full dower.Full dower applies only after consummation, 'no dower' ignores the rule that the dower is an essential term, and one-fourth has no basis in the rules on muta.

Q: A Shia male can contract a muta marraige with :

The answer is All of the above.Muta is the temporary marriage recognised by the Ithna Ashari Shia school, contracted for a fixed period and for a fixed dower. A Shia male may contract a muta marriage with a Muslim woman, and also with a kitabia, a woman of a revealed religion, which includes Christian and Jewish women. Shia texts also permit muta with a fire-worshipper, though not with a woman of any other non-revealed religion.Since a Christian, a Jewish and a Muslim woman are all permitted partners, no single option is complete. (A Shia woman, by contrast, cannot contract muta with a non-Muslim.)

Q: The term 'Unlawful conjunction' under Muslim Law means :

Unlawful conjunction means a man may not have two wives at once who are so related by consanguinity, affinity or fosterage that, if either had been a male, they could not lawfully have intermarried.This is the classic definition in Mulla's Principles of Mahomedan Law. It forbids, for example, marrying two sisters, or a woman and her aunt, at the same time. Under Hanafi law a marriage in breach of the rule is irregular (fasid), not void.Option A is wrong because a Muslim man may have up to four wives. Options B and C give only part of the rule, leaving out the test that measures the relationship.

Q: Which of the following is not a instance of irregular marriage under Muslim Law ?

The one that is not an irregular marriage is a marriage with a relationship by affinity.Under Sunni law, marriages fall into three classes: valid (sahih), irregular (fasid) and void (batil). A marriage within the prohibited degrees of consanguinity, affinity or fosterage is void, because the bar is permanent and cannot be removed.The other three are classic irregular marriages, where the bar is temporary or curable: a marriage without the required witnesses, a marriage with a fifth wife while four are living, and a marriage with a woman undergoing iddat. Each can be regularised once the impediment is removed.

Q: In which of the following cases, the Supreme Court upheld the principle that the marriage between a Muslim and an idolator or fireworshipper woman is neither a valid nor a void marriage but is merely an irregular marriage :

The case is Mohammad Salim Vs. Shamsuddin (2019).The Supreme Court held that under Muslim law the marriage of a Muslim man with an idolater or fire-worshipper woman is neither valid (sahih) nor void (batil) but irregular (fasid), and that a child born of it is legitimate and entitled to inherit from the father.Shamim Ara v. State of U.P. (2002) concerns the requirements for a valid talaq, Daniel Latifi (2001) the maintenance of divorced Muslim women, and Imam Bandi v. Mutsaddi (1918) the powers of a mother as guardian of a minor's property.

An unconsummated Muta marriage would entitle the wife to :

A.full dower
B.no dower
C.half dower
D.one-fourth of dower

Exam Year(s)

MH SET - 2018, SET Exam - 2018,

Answer: C

The wife is entitled to half dower.

Under Shia law, which alone recognises the muta (temporary) marriage, specification of the dower is essential to its validity. If the marriage is not consummated, the wife is entitled to half of the specified dower; if it is consummated, she is entitled to the full dower.

Full dower applies only after consummation, 'no dower' ignores the rule that the dower is an essential term, and one-fourth has no basis in the rules on muta.

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A Shia male can contract a muta marraige with :

A.A Christian woman
B.A Jew woman
C.A Muslim woman
D.All of the above

Exam Year(s)

MH SET - 2018, SET Exam - 2018,

Answer: D

The answer is All of the above.

Muta is the temporary marriage recognised by the Ithna Ashari Shia school, contracted for a fixed period and for a fixed dower. A Shia male may contract a muta marriage with a Muslim woman, and also with a kitabia, a woman of a revealed religion, which includes Christian and Jewish women. Shia texts also permit muta with a fire-worshipper, though not with a woman of any other non-revealed religion.

Since a Christian, a Jewish and a Muslim woman are all permitted partners, no single option is complete. (A Shia woman, by contrast, cannot contract muta with a non-Muslim.)

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The term 'Unlawful conjunction' under Muslim Law means :

A.A man may not have two wives at the same time
B.A man may not have at the same time, two wives who so related to each other by consanguinity
C.A man may not have at the same time, two wives who are so related to each other by consanguinity, affinity or fosterage.
D.A man may not have at the same time, two wives who are so related to each other by consanguinity, affinity or fosterage, that if either of them had been a male, they could not have lawfully intermarried.

Exam Year(s)

MH SET - 2019, SET Exam - 2019,

Answer: D

Unlawful conjunction means a man may not have two wives at once who are so related by consanguinity, affinity or fosterage that, if either had been a male, they could not lawfully have intermarried.

This is the classic definition in Mulla's Principles of Mahomedan Law. It forbids, for example, marrying two sisters, or a woman and her aunt, at the same time. Under Hanafi law a marriage in breach of the rule is irregular (fasid), not void.

Option A is wrong because a Muslim man may have up to four wives. Options B and C give only part of the rule, leaving out the test that measures the relationship.

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Which of the following is not a instance of irregular marriage under Muslim Law ?

A.A marriage without witnesses
B.A marriage with a relationship by affinity
C.A marriage with fifth wife
D.A marriage with a woman undergoing Iddat

Exam Year(s)

MH SET - 2021, SET Exam - 2021,

Answer: B

The one that is not an irregular marriage is a marriage with a relationship by affinity.

Under Sunni law, marriages fall into three classes: valid (sahih), irregular (fasid) and void (batil). A marriage within the prohibited degrees of consanguinity, affinity or fosterage is void, because the bar is permanent and cannot be removed.

The other three are classic irregular marriages, where the bar is temporary or curable: a marriage without the required witnesses, a marriage with a fifth wife while four are living, and a marriage with a woman undergoing iddat. Each can be regularised once the impediment is removed.

Discuss in Forum

In which of the following cases, the Supreme Court upheld the principle that the marriage between a Muslim and an idolator or fireworshipper woman is neither a valid nor a void marriage but is merely an irregular marriage :

A.Mohammad Salim Vs. Shamsuddin and others
B.Shamin Ara Vs. State of U.P.
C.Imam Bandi Vs. Mutsaddi
D.Daniel Latifi Vs. U.O.I.

Exam Year(s)

MH SET - 2023, SET Exam - 2023,

Answer: A

The case is Mohammad Salim Vs. Shamsuddin (2019).

The Supreme Court held that under Muslim law the marriage of a Muslim man with an idolater or fire-worshipper woman is neither valid (sahih) nor void (batil) but irregular (fasid), and that a child born of it is legitimate and entitled to inherit from the father.

Shamim Ara v. State of U.P. (2002) concerns the requirements for a valid talaq, Daniel Latifi (2001) the maintenance of divorced Muslim women, and Imam Bandi v. Mutsaddi (1918) the powers of a mother as guardian of a minor's property.

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In which of the following cases, the court held that "Dower (Mehar) is a sale price of women" ?

A.Humara Begum case
B.Aziz Bano Vs. Mohammed
C.Shah Bano case
D.Abdul Kadir case

Exam Year(s)

UGC NET - 2012,

Answer: D

In the Abdul Kadir v. Salima case (1886) the court described dower, mehr, as the consideration for the marriage, in the nature of a sale price paid for the wife. The key marks the Abdul Kadir case. Shah Bano concerned maintenance, and the Humara Begum and Aziz Bano cases are different cases on other matters of Muslim law. The answer is the Abdul Kadir case.

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A Muslim wife can relinquish her Mahr

A.When she is minor
B.When she has attained the age of puberty
C.When she is not less than 18 years of age
D.When she is not less than 21 years of age.

Exam Year(s)

UGC NET - 2012,

Answer: C

A Muslim wife can relinquish her mahr when she is not less than eighteen years of age, which is the key's option C. Relinquishing a right is a transaction that needs the capacity to contract, so a minor cannot do it (A), and in India the age of majority is eighteen under the Indian Majority Act. Option B, the attainment of puberty, is not accepted by the key, and option D, twenty one, is not the age of majority for this purpose under that Act, which is why the key prefers eighteen.

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Muta marriage is recognised by

A.Hanafi School
B.Maliki School
C.Ithna Ashari School
D.Hanbali School

Exam Year(s)

UGC NET - 2012,

Answer: C

Muta marriage, a marriage for a fixed period, is recognised by the Ithna Ashari school of Shia law, option C. The Hanafi school (A), the Maliki school (B) and the Hanbali school (D) are Sunni schools, which do not recognise temporary marriage of this kind. In Indian courts, muta has been treated as a form of marriage among Ithna Ashari Shias.

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