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LLB 3 years Sem 2 Family Law I Nov 2023 - 75/25 Question Paper with Solutions

Mumbai University Solved Question Papers

Family Law I

Previous Year Question Paper with Solution

LLB 3 years · Sem 2

Nov 2023 - 75/25 Examination

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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 Nov 2023 - 75/25 examination.

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The Paper as Set

The questions in this volume are the questions asked at the Nov 2023 - 75/25 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 2½ hours  ·  Total marks 75  ·  21 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

Q.1. Answer in two sentences ONLY

Any Six · , any 6 of 8 12 Marks

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1.State primary sources of Islamic law.[2]

Answer

The ancient (classical or primary) sources of Muslim law are four. They are ranked, so a lower source cannot override a higher one.

1. The Quran. The first and highest source. Muslims regard it as the word of God revealed to the Prophet. No rule may stand against its clear text. Its legal verses deal mainly with marriage, dower, divorce, maintenance and inheritance.

2. The Sunna. The Prophet's words, acts and tacit approvals. The reports of them are the hadith. The Sunna explains, qualifies and supplements the Quran. It ranks second.

3. Ijma. The consensus of the qualified jurists of one period on a question the Quran and Sunna do not settle. Once established, it binds and closes the question. It ranks third.

4. Qiyas. Analogical deduction. A rule is extended to a new case sharing the same effective cause (illat). It ranks fourth and is the weakest.

Revealed and derived. The Quran and Sunna are revealed sources. Ijma and qiyas are derived by human reasoning.

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The Shia difference. The Shia schools accept the Quran and Sunna. In place of qiyas they use aql, reason. They accept ijma on a narrower footing.

Other sources. Below these come custom, and the modern sources: judicial precedent, legislation, and equity, justice and good conscience.

In India. Courts apply legislation first, then binding precedent, and then the classical law as stated in the texts.

Example. The fixed shares of heirs come from the Quran. The details of how talaq is pronounced come largely from the Sunna.

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The rest of the answers

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