All India Bar Examination (AIBE) 16-XVI Previous Year Question Papers with Answers

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16.

Which of the following sections of the Muslim Personal Law (Shariat) Application Act, 1937 have been repealted/amended by section 6 of the Dissolution of Muslim Marriage Act, 1939 ?

A: Section 4
B: Section 5
C: Section 6
D: Section 7

The answer is: B

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Explanation

The correct option is B: Section 5.

Section 6 of the Dissolution of Muslim Marriage Act, 1939 repealed Section 5 of the Muslim Personal Law (Shariat) Application Act, 1937, which dealt with the effect of apostasy on a Muslim woman's marriage. According to Section 5 of the 1937 Act, if a Muslim woman renounced Islam and embraced another faith, her marriage would be dissolved and she would lose her rights to dower. However, this provision was considered discriminatory and unjust to Muslim women, and hence it was repealed by Section 6 of the 1939 Act.