Unit VII · Topic 1Sources and schools – Previous Year Questions

Ans. (a) : True

Explanation: The sources of Muslim law have been divided into two categories:

Primary sources — (A) Quran (B) Sunna/Ahadis (C) Ijma (D) Qiyas

Secondary sources — (A) Customs (B) Judicial decisions (D) Legislation

Ans. (a) : 1, 2, 4 and 3

Explanation: The sources of Muslim law are as follows:

Quran

Ijma

Qiyas

Hadis

Sunna is also a source after Quran but it is not in the options.

Ans. (d) : All four (4, 3, 2 and 1) Explanation: The ancient sources of Hindu law include all four: Shruti (the Vedas, considered divine revelation), Smriti (recollections of sages like Manu, Yajnavalkya), Custom (local and community practices), and Digests and Commentaries (scholarly works interpreting Shruti and Smriti like Mitakshara and Dayabhaga).

Ans. (a) : (A) and (R) are true and (R) is the correct explanation of (A) Explanation: The Muslim Personal Law (Shariat) Application Act, 1937 made Muslim personal law applicable to all Muslims in matters of marriage, divorce, maintenance, dower, guardianship, gifts, trusts, and wakf. It abrogated customs that had deviated from Shariat and restored personal law to Muslims. Both A and R are correct and R correctly explains A.

Ans. (b) : Legislation, Precedents, Equity etc Explanation: The modern sources of Hindu law are legislation (statutory enactments like the Hindu Marriage Act, Hindu Succession Act), judicial precedents (decisions of High Courts and Supreme Court), and equity, justice and good conscience. These replaced the older reliance on Shruti, Smriti and Commentaries as primary sources.

Ans. (d) : A-3, B-4, C-2, D-1 Explanation: Among the four Vedas which are the primary ancient sources of Hindu law: Rigveda contains hymns in praise of the forces of nature. Yajurveda deals with rituals and sacrificial rites. Samveda is associated with musical chants and melodies (dance/song). Atharvaveda deals with magic, spells and incantations. Hence the correct matching is A-3, B-4, C-2, D-1.

Ans. (d) : Both (A) and (R) are right and (R) is the correct reason of (A) Explanation: The Muslim Personal Law (Shariat) Application Act, 1937 under Section 2 expressly makes Muslim personal law applicable to all Muslims in matters of marriage, divorce, maintenance, dower, guardianship, gifts, trusts and wakf (Assertion A is correct). The Act abrogated almost all customs applicable to Muslims except those relating to agricultural land, thereby restoring Shariat as the governing law (Reason R is correct and it correctly explains A).

Ans. (d) : A-3, B-1, C-2, D-4 Explanation: Shruti literally means "what was heard" — it refers to the Vedas considered as divine revelation. Smriti literally means "what is remembered" — it refers to recollections of sages like Manu and Yajnavalkya. Dayabhaga is a school of Hindu law written by Jimutavahana, prevalent in Bengal and Assam. Mitakshara is a commentary on Yajnavalkya Smriti written by Vijnjaneshvara, prevalent in the rest of India.

Ans. (b) : Customs and Usages

Explanation: The primary sources of Muslim law are the Quran, Sunna (traditions of the Prophet), Ijma (consensus of jurists), and Qiyas (analogical deduction). Judicial decisions are also an important modern source in India. However, Customs and Usages have ceased to be an important source of Muslim law in India after the enactment of the Muslim Personal Law (Shariat) Application Act, 1937, which abrogated most customs applicable to Muslims and replaced them with Shariat.

Ans. (d) : Sruti, Smritis, Custom, Digests etc Explanation: The ancient sources of Hindu law are: Sruti (the Vedas — divine revelation), Smritis (recollections of sages — Manusmriti, Yajnavalkya Smriti etc.), Custom and Usage (local, family and community practices recognized by law), and Digests and Commentaries (scholarly works like Mitakshara, Dayabhaga, Mayukha). Legislation and precedents are modern sources, not ancient sources.

Ans. (a) : Agricultural land, testamentary succession and Charities other than wakfs Explanation: Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 makes Muslim personal law applicable to Muslims in matters including succession, special property of females, marriage, dissolution of marriage, maintenance, dower, guardianship, gifts, trusts and wakfs. However, the Act specifically excludes agricultural land, testamentary succession, and charities other than wakfs from its operation. These areas continue to be governed by applicable territorial laws.

Ans. (c) : Dharamshastra Explanation: The modern sources of Hindu law are: Legislation (statutory enactments), Judicial Precedents (decisions of courts), and Justice, Equity and Good Conscience (applied when no specific rule exists). Dharamshastra (ancient religious texts) is an ancient source of Hindu law, not a modern source. Ancient sources include Shruti, Smriti, Custom, and Digests and Commentaries including Dharamshastra.

Ans. (b) : A-2, B-1, C-4, D-3 Explanation: Agnate (Section 3(a) of Hindu Succession Act) — a person related wholly through males by blood or adoption. Shruti literally means "what was heard" — refers to the Vedas as divine revelation. Cognate (Section 3(b) of Hindu Succession Act) — a person related by blood or adoption but not wholly through males. Smriti literally means "what is remembered" — refers to recollections of sages.

Ans. (d) : Controlled Polygamy Explanation: Islamic law as applicable in India provides for controlled polygamy — a Muslim male may marry up to a maximum of four wives, provided he treats them all equally. This is not unlimited polygamy since there is a ceiling of four wives. Under Shia law, a fifth wife is void and under Sunni law a fifth marriage is irregular. Polyandry (a woman having multiple husbands) is not permitted under Islamic law at all.

Ans. (a) : A-4, B-3, C-1, D-2 Explanation: Smriti means "what has been remembered" — it refers to recollections of sages. Mitakshara is a commentary on the Yajnavalkya Smriti written by Vijnjaneshvara, forming the basis of Hindu law in most parts of India. Shruti means "what was heard" — it refers to the Vedas as divine revelation. Dayabhaga is a digest written by Jimutavahana, prevalent in Bengal and Assam, with different rules of inheritance compared to Mitakshara.

Ans. (d) : Zaida Explanation: Muslim law is divided into two major branches — Sunni and Shia. The Sunni school has four sub-schools: Hanafi, Maliki, Shafai, and Hanbali. The Shia school has three sub-schools: Ithna Ashari (Imamiya), Ismaili, and Zaidi. "Zaida" is not a recognized school of Muslim law — it is a distortion of "Zaidi" which is a Shia sub-school. Hence Zaida as given in the option is not a recognized School of Muslim Law.

Ans. (c) : Takhleed Explanation: The four primary sources of Muslim law are: Quran (the holy book — the primary and supreme source), Sunna/Sunnat (traditions and sayings of Prophet Muhammad), Ijma (consensus of Muslim jurists), and Qiyas (analogical deduction). Takhleed refers to the practice of following a particular school of Muslim law (taqlid) — it is not a primary source of Muslim law but rather a method of following an established school of jurisprudence.

Ans. (b) : Precedents Explanation: The ancient or primary sources of Hindu law are: Shruti (the Vedas), Smriti (recollections of sages), Digests and Commentaries (like Mitakshara, Dayabhaga), and Custom. Precedents (judicial decisions) are a modern source of Hindu law — they developed with the establishment of courts during and after the British period. Justice, equity and good conscience and legislation are also modern sources. Hence Precedents is not an ancient source.

Ans. (a) : Welfare of people is supreme law Explanation: The Latin maxim "Salus Populi Suprema Lex" literally translates to "the welfare of the people is the supreme law." This is a fundamental principle of jurisprudence holding that the well-being of the public is the highest law and all other laws must yield to it. This maxim is the basis of Section 123 of the Indian Evidence Act, 1872, which protects documents whose disclosure would be prejudicial to public interest.

Ans. (c) : Urf Explanation: The four primary (original) sources of Muslim law are: Quran (supreme divine authority), Sunna/Sunnat (traditions and sayings of the Prophet), Ijma (consensus of Muslim jurists), and Qiyas (analogical deduction). Urf (custom and usage) is a secondary source of Muslim law — it is recognized alongside judicial decisions, legislation, and equity as secondary sources. Hence Urf is not a primary source.

Ans. (d) : The main schools of Jurisprudence are as follows:

Natural Law school

Analytical school

Historical school

Sociological school

Realist school The Critical school is not included in the schools of Jurisprudence.

Answer: (b) A-III, B-IV, C-I, D-II

Answer: (c) It means the independent or original interpretation of problems not precisely covered by the Quran

Explanation: In Islamic jurisprudence (Usul al-Fiqh), Ijtihad (literally meaning "striving" or "exerting total effort") refers to the process of making an independent legal reasoning or original interpretation to derive a legal ruling (hukm) on a novel issue or problem not explicitly covered by the primary sources (the Quran and Sunnah). A qualified scholar who exercises Ijtihad is called a Mujtahid.