Mumbai University Solved Question Papers
Family Law I
Previous Year Question Paper with Solution
BLS LLB 5 Years · Sem 6
May 2016 Examination
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BLS LLB 5 Years Sem 6 Family Law I May 2016 Question Paper with Solutions
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First published on munotes.in on 17 October 2026.
This edition revised 30 October 2026.
Published by munotes.in, Mumbai.
Model answers written and edited by the munotes.in editorial desk.
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The University does not publish an official answer key for this paper. The answers in this volume are model answers, written to show how a full-mark answer is built. They are a study aid, not an authority on what an examiner marked.
The question paper reproduced here is the paper as set by the University of Mumbai at the May 2016 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the May 2016 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the May 2016 examination, reproduced as the University of Mumbai set them, in the order it set them. Nothing has been reworded, added or left out. Only the answers are ours. See the original question paper.
Duration 3 hours · Total marks 100 · 25 questions answered
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
SECTION I
Answer in One or Two sentences, all 10 20 Marks
1.What is 'Ijma' under Muslim Law?[2]
Answer
Ijma means consensus. In Muslim law it is the agreement of the qualified jurists (mujtahids) of one period. The question must be one not settled by the Quran or the Sunna. It is the third source of Muslim law.
Its conditions.
- The agreement must be among mujtahids, jurists qualified to reason independently.
- They must belong to the same period.
- The question must be one the Quran and Sunna do not settle.
- The agreement must be unanimous among them, not a majority vote.
Its effect. Once established, ijma is binding and closes the question. A later generation cannot reopen it.
Three kinds, by weight.
- Ijma of the Companions of the Prophet, the highest.
- Ijma of the jurists, the practical one.
- Ijma of the people, the least weight, and some deny it is ijma at all.
Its rank. Ijma ranks after the Quran and the Sunna, and above qiyas. It cannot override a clear text.
Its importance. Much of the settled classical law of marriage, dower and divorce rests on ijma. Nobody argues about it in court, which is why it is rarely mentioned.
Shia view. The Shia schools accept ijma on a narrower footing, through its link with the authority of the Imam.
Criticism. By closing questions, ijma stopped the law developing from within. In India, change has come instead from legislation and the Constitution.
Example. The rule that a man may not marry two sisters at the same time is settled beyond dispute in the classical law.
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