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LLB 3 years Sem 2 Family Law I Apr 2011 Question Paper with Solutions

Mumbai University Solved Question Papers

Family Law I

Previous Year Question Paper with Solution

LLB 3 years · Sem 2

Apr 2011 Examination

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Mumbai

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First published on munotes.in on 17 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 Apr 2011 examination.

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The Paper as Set

The questions in this volume are the questions asked at the Apr 2011 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.

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SECTION I

Question 1. Answer in One/Two Sentence/s, all 10 20 Marks

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1.Name the SECTS which divide Muslims into two.[2]

Answer

Muslims are divided into two main sects: the Sunnis and the Shias.

The origin of the division. The two sects differ on religious and political authority after the Prophet's death. The question was who was entitled to lead the community. The Shia tradition recognises the line of Imams as authoritative.

1. The Sunnis. The great majority of Indian Muslims are Sunnis. They have four schools.

  1. Hanafi, founded by Imam Abu Hanifa. Most Indian Sunnis follow it.
  2. Maliki, founded by Imam Malik.
  3. Shafii, founded by Imam Shafii.
  4. Hanbali, founded by Imam Ahmad ibn Hanbal.

2. The Shias. They have three schools.

  1. Ithna Ashari, the most numerous in India.
  2. Ismaili.
  3. Zaidi.

Legal differences that follow.

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  1. Sources. Shias use aql (reason) in place of qiyas.
  2. Marriage. Sunni law recognises the irregular (fasid) marriage. Shia law does not.
  3. Muta. Only the Ithna Ashari school recognises temporary marriage.
  4. Witnesses. Sunni law needs witnesses to a marriage. Shia law needs them for talaq instead.

In Indian courts. A Muslim is presumed to be Sunni, and in practice Hanafi. A party claiming to be Shia must plead and prove it.

Example. If a Muslim husband claims his marriage was a muta, he must first prove that he belongs to the Ithna Ashari Shia school.

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