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Student ID

Desk Number

MASTERS/MSc IN ISLAMIC FINANCE


JANUARY 2014 SEMESTER
FINAL EXAMINATION

MODULE
CODE
DAY/DATE
TIME/HOUR

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USUL FIQH AND QAWAID FIQHIYYAH


FQ5113
TUESDAY / MAY 6, 2014
2.00PM 5.00PM / THREE (3) HOURS

Instructions to candidates:
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7.

Answer ALL Questions in PART A and THREE (3) Questions in PART B.


Answer ALL Questions in the Answer Booklet provided. Start each answer
on a new page.
You are given FIFTEEN (15) minutes to go through and read the questions, but
you are NOT allowed to write during this time.
Please write down your answers legibly.
During this time, INCEIFs Academic Regulation on academic dishonesty applies.
Do not bring any material into the examination hall unless permission is given by
the invigilator.
Please check to make sure that this examination pack consists of :
a.
The Question Paper; and
b.
An Answer Booklet provided by INCEIF.

This examination paper consists of THREE (3) printed pages including the cover page.

DO NOT TURN THIS PAGE UNTIL INSTRUCTED TO DO SO.


THIS QUESTION PAPER MUST NOT BE REMOVED FROM THE EXAMINATION HALL

CONFIDENTIAL

FQ5113-Usul Fiqh and Qawaid Fiqhiyyah


January Semester Final Examination

Part A: (40 Marks)


Answer all questions. Each question carries twenty (20) marks.
QUESTION ONE (20 MARKS)
a. Explain how the knowledge of Usul al-Fiqh enables a jurist to arrive at a certain
rule on legal issues (Hukm Shari).
(10 marks)
b. Discuss how Usul al-Fiqh as a discipline has contributed to the evolution and
development of Fiqh (Islamic law).
(10 marks)
QUESTION TWO (20 marks)
a. Explain how Juristic Preference (Istihsan) is different from Analogy (Qiyas).
Provide relevant examples to support your answer.
(10 marks)
b. Define Public Interest (Maslahah al-Mursalah), relate it to public policy issues
and provide its contemporary examples.
(10 marks)
Part B: (60 Marks)
Answer any three (3) of the following questions.
QUESTION ONE (20 marks)
a. Discuss the division of Wajib/Fardh into Fardh aini and Fardh kifai. Explain how
Fardh kifai could be related to issues that concern the general needs of the
community. Support your answer with relevant example.
(10 marks)
b. Compare and contrast the methods of Blocking the Means (Sadd al-dharai)
and Presumption of Continuity (Istishab). Provide relevant examples to support
your argument.
(10 marks)
QUESTION TWO (20 marks)
a. Compare and contrast Haram li-Dhatihi and Haram li-Ghairihi. Provide relevant
examples to support your answer.
(10 marks)
b. Discuss the objectives of Shariah related to the protection, circulation and
distribution of wealth.
(10 marks)
2

CONFIDENTIAL

FQ5113-Usul Fiqh and Qawaid Fiqhiyyah


January Semester Final Examination

QUESTION THREE (20 marks)


a. Discuss the following categories of Defining Law (Hukm Taklifi): Makruh, Haram
and Mubah. Provide for each category examples that are related to contracts.
(10 marks)
b. The Shafii, Maliki, and Hanafi jurists have taken different stands with regard to
the Ahad Hadith. Discuss the main reasons for their differences on the
acceptability of Ahad hadith
(10 marks)
QUESTION FOUR (20 marks)
a. The presence of a cause (sabab) means the presence of obligation (Wajib) and
its absence means the absence of obligation. Earning in a permissible way is
also an obligation. Discuss what are the causes that if present a person will be
able to get a job and earn.
(10 marks)
b. Define condition (shart) and explain how the existence or absence of condition
would affect a rule (hukm). Discuss and support your argument in relation to
conditions in a contract.
(10 marks)
QUESTION FIVE (20 marks)
a. Define obstacle or hindrance (mani). Discuss how the existence or absence of
mani would have implications for the validity of a contract. Support your answer
with relevant examples.
(10 marks)
b. Discuss the meanings and implications of the following legal maxims to
contracts.
i.
ii.

Acts are judged by their goals and purposes (al-Umur Bi-Maqasidiha).


(5 marks)
Harm must be eliminated (al-Dharar Yuzal)
(5 marks)

*** END OF QUESTIONS ***

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