All India Bar Examination (AIBE) 2-II Previous Year Question Papers with Answers

Practice Mode:
85.

A, a Muslim man, utters in the presence of D and E, "I have married myself to B" at a time when B is absent. On this information being conveyed by D and E to B, B says in their presence, "I have accepted." Which of the following options is the most accurate in light of the principle set out below ?


Principle :

It is essential To Muslim marriage that both proposal and acceptance must be made at the same meeting.
A: Since D and E were present at both meetings, this is a lawful marriage.
B: This will only be a lawful marriage if D and E conveyed the message to B on the same day that A made the utterance.
C: This will only be lawful a marriage if D and E conveyed the message to B on the same day and at the same venue that A made the utterance.
D: This will not constitute a lawful marriage as proposal and acceptance were made at two different meetings.
E: This will constitute a lawful marriage only if D and E are related to both A and B.

The answer is: D

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Explanation

The most accurate option in light of the provided principle is:

D: This will not constitute a lawful marriage as proposal and acceptance were made at two different meetings.

Explanation:

The principle states that for a Muslim marriage to be valid, both the proposal (ijab) and acceptance (qabul) must occur at the same meeting. In this case:

• A made the proposal ("I have married myself to B") in the presence of D and E at one meeting when B was absent.
• D and E conveyed this information to B.
• B responded with acceptance in the presence of D and E, but this happened at a different meeting.


Because the proposal and acceptance occurred at two separate meetings, this does not satisfy the essential requirement for a lawful Muslim marriage, as stated in the principle. Therefore, option D is the correct one. The presence of D and E or their relationship to A and B is not relevant in this context.