Muslim Law & Jurisprudence
Muslim Law & Jurisprudence
Muslim Law & Jurisprudence
Roll Number
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
17.
18.
19.
20.
PART-II
NOTE: (i) Part-II is to be attempted on the separate Answer Book.
(ii) Candidate must write Q. No. in the Answer Book in accordance with Q. No. in the Q. Paper.
(iii) Attempt ONLY FOUR questions from PART-II. ALL questions carry EQUAL marks.
(iv) Extra attempt of any question or any part of the attempted question will not be considered.
Q.2.
Explain the provisions of Islamic law regarding the custody of child and critically
evaluate the notion of parental child abduction.
(20)
Q.3.
Imam Ghazali says: Maslahah does not mean acquiring benefit or repelling harm; it
means protecting the purposes of the law. Elaborate theory of the purposes of Islamic
law (maqasid al-shariah) and link it with the wider doctrine of maslahah as
expounded by Imam Ghazali and Imam Shatibi.
(20)
Q.4.
(a).
(10)
Q.5.
Necessity does not allow every prohibited act; rather, some acts remain prohibited
even in the state of necessity. Explain this statement by clearly elaborating the
parameters and limitations of the doctrine of necessity in Islamic law.
(20)
Q.6.
Islamic law links the punishments of hadd, tazir and qisas to the right of God, the
right of individual and the joint right of God and individual, respectively. Distinguish
between the legal consequences of these punishments which emanate from these
different kinds of rights.
(20)
Q.7.
Istihsan does not mean deviation from the legal norms on the basis of personal liking
or disliking; rather, it is a means to ensure analytical consistency in the legal system by
resolving conflicts in various sources of law. Elaborate this statement and critically
evaluate the objection raised by the shafii jurists on the Hanafi principle of Istihsan.
(20)
Q.8.
(b).
(a)
(b)
(c)
(d)
(5 each)
(10)
(20)
Page 2 of 2
Roll Number
PART-II
Define the doctrine of naskh (repeal). Do you agree that naskh has been done in Shariah
texts? If so, then what is the justification for it?
(20)
Is Khula an absolute right of a woman or it is subject to some conditions? How can she
use this right and what are legal effects of Khula?
(20)
What is the difference between Istehsan and Maslahah Mursalah? How they can be used
to deduct laws in new problems which are not covered by the Quran, the Sunnah or
Ijma?
(20)
It is said that Imam Abu Hanifa was strongly opposed to waqf. Then it was recognized
and institutionalized. Why? Discuss it. How waqf can be used in better way? Give your
suggestions.
(20)
Many Muslim scholars has criticized some sections of the Muslim Family Laws
Ordinance 1961 that they are not in accordance with the injunctions of Shariah. Give
your opinion and decorate it with arguments.
(20)
Q. 7.
Define legal capacity (Al-Ahliyyah). Discuss the legal capacity of minor (sabi).
(20)
Q. 8.
Q. 2.
Q. 3.
Q. 4.
Q. 5.
Q. 6.
(a)
(c)
Mujtahid Fi Al-Shar
Plain and allusive words
(4x5=20)
(b)
(d)
Proper dower
Dhawi Al-Furud
***********
Roll Number
(1 x 20=20)
(i)
Under Islamic Law a child is legitimate if born after the dissolution of marriage and wife remaining
unmarried:
(a) Within one year of the termination of marriage
(b) Within 280 days of the termination of marriage
(c) Within six months of the termination of marriage
(d) None of these
(xiii) The limit of testamentary power by Muslim is:
(a) 1/8
(b) 1/3
(c) 1/5
(d) None of these
(xiv) A divorce by ILa means:
(a) False accusation of adultery by husband
(b) Apostasy from Islam by husband
(c) An agreement between husband and wife to dissolve marriage.
(d) None of these
(xv) At the time when Islamic Law came into force the kinds of marriages were in vogue:
(a) 5
(b) 3
(c) 4
(d) None of these
(xvi) Sadqa once completed by delivery is:
(a) Revocable
(b) Not revocable
(c) Revocable subject to condition (d) None of these
(xvii) Ijtihad means:
(a) Consensus of opinion (b) A gathering of Mujtahids
(c) Law-making
(d) None of these
(xviii) Abu Yusuf, Muhammad and Zufar were the pupils of:
(a) Imam Abu Hanifa
(b) Imam Shafii
(c) Imam Malik
(d) None of these
(xix) A collection of traditions known as Musnadul Imam Hambal consists of traditions:
(a) 30,000
(b) 40,000
(c) 50,000
(d) None of these
(xx) The provision regarding polygamy under the Muslim Family Laws Ordinance is contained in Section:
(a) 4
(b) 7
(c) 6
(d) None of these
PART-II
NOTE:(i)
(ii)
(iii)
Q.2.
It was during the reign of the Abbasides that the four schools of law were founded. Write a comprehensive
note on the Hanafi school of thought with regard to the development of Islamic Jurisprudence.
(20)
Q.3.
A Muslim marriage is a civil contract. Both the contracting parties have equal rights in rescinding a
marriage contract. Discuss this in the light of both traditional Islamic law and Pakistani Law.
(20)
Q.4.
What do you understand by bigamous marriage? Explain it under classical Islamic law vis--vis Pakistani
Law.
(20)
Q.5.
No bequest in favour of a legal heir. Discuss this statement according to the various schools of Islamic
Jurisprudence.
(20)
Q.6.
When and in what circumstances can a woman seek dissolution of her marriage? Discuss under the
Dissolution of Muslim Marriages Act, 1939.
(20)
Q.7.
The parliament in Pakistan can not be used for consensus of opinion. Do you agree? If not then give
reasons.
(20)
Q.8.
Iddat
(ii)
Death illness
(5 x 4 = 20 )
(iii)
Khula
(iv)
Option of puberty
*********
Page 2 of 2
Roll Number
(PART-I) 30 MINUTES
(PART-II) 2 HOURS & 30 MINUTES
MAXIMUM MARKS:20
MAXIMUM MARKS:80
First attempt PART-I (MCQ) on separate Answer Sheet which shall be taken back
after 30 minutes.
Overwriting/cutting of the options/answers will not be given credit.
PART I (MCQ)
(COMPULSORY)
Q.1.
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
(xi)
(xii)
(xiii)
Select the best option/answer and fill in the appropriate box on the Answer Sheet.
Sale of goods for goods is:
(a) Murabha
(b) Muqayada
(c) Musawama
(20)
The four schools of thought were founded during the reign of:
(a) Abbasids
(b) Mughals
(c) Umayyads
(c) Translation
(c) 7
Page 1 of 2
A minor of sound mind is capable of disposing of his property by will to the extent of:
(b) full
(c) 3/4th
(d) None of these
(a) 1/3rd
(xvi)
(c) Voidable
(xx)
Failing the mother, the custody of a boy under the age of seven years belongs to:
(a) Father
(b) Paternal uncle
(c) Brothers wife
(d) None of these
PART II
NOTE:
Q.2. Can a modern legislature be used for consensus of opinion? Elaborate your answer with reasons. (20)
Q.3. What is the meaning of Islamic Jurisprudence? Compare its meaning with that of Western or Secular
Jurisprudence.
(20)
Q.4. Discuss Shura and Sovereignty under Islamic Constitution.
(20)
(20)
Q.6. Who has got the prior right of custody of a minor in case of dispute between father and mother? (20)
Q.7. In certain questions the rule of decision shall be the Muslim personal law (Shariat) in cases where the
parties are Muslims. Discuss with reference to relevant law.
(20)
Q.8. Write short notes on:
(a) Istihsan
(c) Lian
(20)
(b)
(d)
Analogy
Escheat
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Page 2 of 2
(PART-I) 30 MINUTES
(PART-II) 2 HOURS & 30 MINUTES
S.No.
R.No.
MAXIMUM MARKS:20
MAXIMUM MARKS:80
First attempt PART-I (MCQ) on separate Answer Sheet which shall be taken back
after 30 minutes.
Overwriting/cutting of the options/answers will not be given credit.
PART I (MCQ)
(COMPULSORY)
Q.1.
(i)
(ii)
(iii)
(iv)
(v)
Select the best option/answer and fill in the appropriate box on the Answer Sheet.
Who founded the Kufa School?
(a) Imam Abu Hanifa (b) Imam Malik
(c) Polygamy
(vi)
(vii)
(x)
(xi)
(xii)
(20)
What is the marriageable age for a male Muslim under the Pakistani Law:
(a) 14 years
(b) 16 years
(c) 18 years
A Muslim man dies leaving behind two widows and a daughter. The collective share of the
widows would be?
(a) 1/8th
(b) 1/4th
(c)
(d) None of these
Page 1 of 2
(xv)
(xvi)
(c) Four
Amongst the first four Caliphs, whose period of Caliphate was the longest:
(a) Hazrat Abu Bakr (b) Hazrat Osman
(c) Hazrat Ali
(xx)
(c) Sale
(b) Torts
PART II
NOTE:
Q.2. Explain the essentials of a valid Gift. A, who owns a house, makes a Gift to B of the house and
of the right to use a staircase used by him jointly with the owner of an adjoining house. It is
a valid Gift? Explain.
(20)
Q.3. A Muslim marriage is a civil contract. Do you think that the contracting parties have equal
rights in rescinding a marriage contract? Give rationale.
(20)
Q.4. Under Section 4 of the Muslim Family Laws Ordinance, an orphaned grandchild is entitled
to the share of his/her predeceased parent. Explaining fully the issue, argue for or
against the provision.
(20)
Q.5. A Muslim male dies leaving behind a widow, a daughter, an agnatic granddaughter and a
father. Distribute the property of the deceased/praepositus amongst the heirs. Explain the basis
for the distribution of property to each and every heir.
(20)
Q.6. What is Ijtehad? What are the qualifications of a Mujatahid? Compare Ijtehad with Istihsan.
(20)
Q.7. Explain fully the status of a bigamous marriage under the classical Islamic law and compare
it with the Pakistani law.
(20)
Q.8. Write a comprehensive note on Islamization of Laws in Pakistan. Do you think that
Islamization of laws has in any way improved the judicial and governance systems of the
country?
(20)
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Page 2 of 2
Roll No.
NOTE: (i) Attempt ONLY FIVE questions in all, including QUESTION NO.8 , which is COMPULSORY.
All questions carry EQUAL marks.
(ii) Extra attempt of any question or any part of the attempted question will not be considered.
(iii) Candidate must draw two straight lines (
) at the end to separate each
question attempted in Answer Books.
Q.1.
Q.2.
Q.3.
Q.4.
What is meant by acknowledgement of paternity in Islamic law? What are the valid
conditions for such an acknowledgement?
Q.5.
Who are entitled to the guardianship of the person of a minor? When is the right of a
female for custody lost?
Q.6.
Is there any difference between divorce and dissolution of marria ge? What grounds are
available for dissolution of marriage under muslim law?
Q.7.
Q.8.
Write only the correct answer in the Answer Book. Do not reproduce the question.
(1)
Muslim Personal Law (Shariat) Application Act was promulgated in :
(a)
1948
(b)
1962
(c)
1973
(d)
None of these
(2)
(3)
(4)
(b)
(d)
In writing
None of these
(5)
(6)
Page 1 of 2
(8)
(9)
(10)
Sub-sects
None of these
Tafweez is a kind of
(a)
Gift
(c)
Wakf
Will
None of these
(b)
(d)
(b)
(d)
Executor
None of these
By heirs of donor
None of these
(11)
(12)
(13)
(b)
(d)
Qualified
None of these
(14)
(15)
(16)
(b)
(d)
After marriage
None of these
(17)
(18)
(19)
(20)
Page 2 of 2