ISLAMIC LAW
Shariat is a complete code of life. How far do
you agree with this view? Discuss. (2000)
What is meant by acknowledgement of paternity
in Islamic Law? What are the valid conditions for
such an acknowledgement? (2007)
What is the meaning of Islamic Jurisprudence?
Compare it with that
of Western or Secular Jurisprudence.(2010)
Discuss “Shura and Sovreignty” under Islamic
Constitution. (2010)
It was during the reign of the Abbasides that the
four schools of law were founded. Write a
comprehensive (20) note on the Hanafi school of
thought with regard to the development of
Islamic Jurisprudence.(2011)
"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.(2013)
Imam Gazhali 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.(2013)“ « Define the doctrine of "Istishab" (The
Presumption of continuity). Where it can be
considered as source of Islamic Law? Discuss.
(2014)
SOURCE OF MUSLIM LAW
Discuss the supreme importance of Holy Quran
as a primary source of Muslim Law. (2000)
What are the secondary sources of Islamic Law.
(2007)
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?
(2012)
“Istihsan does not mean deviation from the legal
norms on the basis of personal liking or
disliking; it is a means to ensure analytical
consistency in the legal system by resolving
conflicts in various sources of law." Elaborate
this statement and citically evaluate the
objection raised by the shafi'i jurists on the
Hanafi principle of Istihsan.(2013)
It is said that "IMAM SHAFI" strongly opposed
the Istehsan (Jurist preference) as a source of
islamic law. Discuss. How Istehsan can be used
in this age? Explain.(2014)WAQE
« Discuss the objects for the creation of wakf.
Can a wakf may be created in favour of donor's
family? (2000)
¢ Itis said 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.
(2012)
CONSENSUS OF OPINION
* Can a modern legislation be used for consensus
of opinion? Elaborate
your answer with reasons.(2010)
« The parliament in Pakistan can not be used for
consensus of opinion. Do you agree? If not then
give reasons.(2011)
* What is the difference between "IJMA"
(consensus) and |JTIHAD" (Independent
Judgement), How they can be used to solve new
problems, which are not covered by Qur'an and
Sunnah.(2014)MUSLIM FAMILY LAWS ORDINANCE
* Discuss the functions of Arbitration council
constituted under the various provisions of
Muslim Family Laws Ordinance, 1961. (2000)
* Critically analyze the Muslim Family Laws
Ordinance 1961.Which particular provision do
you consider to have the greatest significance in
the Muslim Family Laws in Pakistan and why?
(2008)
« Many muslims scholars has criticized some
sections of the muslim family laws ordinance
1961 that they are not in accordance with the
injuctions of shariah.give your opinion and
decorate it with arguments.(2012)
GIFT
« Explain if a bequest can be made to a child in
the mother's womb. Can a gift be so made? Also
discuss the limitation, imposed on testamentary
power and why you think such limits have been
imposed? (2000)
« What are essentials of a Gift? Under what
circumstances can a ‘gift’ not be revoked?
(2006)
* What is the difference between the hiba-bil-iwaz
and hiba ba shartul iwaz?
* Note: Hiba ba shartul iwaz (2007)
« What are distinguishing features of gift from
those of will? (2007)“ Elucidate the different principles which govern
the question whether a child still unborn when a
praepositus dies, is entitled to succeed or take a
bequest. Explain how, and in what precise
circumstances, these various principles are
respectively applied. (2008)
« Explain the essentials of Valid Gift. A, who owns
a house makes a gift to B of the house and of
the right to the use a staircase used by him
jointly with a owner of an adjoining house. Is it a
valid Gift? Explain.(2009)
e What are distinguishing features of gift from
will?(2010)
DOWER
« What is Proper dower? How is it fixed? (2006)
* Define Prompt and Deferred Dower. How will the
dower be fixed under the Muslim Family Law
Ordinance ,1961, when the mode of payment of
dower is not specified in Nikah- Nama? (2006)
e Under what circumstances the right of 'dower' is
established? Briefly describe prompt and
deferred Dowers with their consequences?
(2008)
GUARDIANSHIP & CUSTODY
« What do you mean by dejure guardian of the
property of a minor? State his power and
distinguish him from a defacto guardian. (2000)¢ Distinguish between the ‘Right of Guardianship’
and ‘the Right of Custody’. Can the two rights
simultaneously exist in two different persons?
(2006)
e When are females disqualified from the custody
of minor children under Muslim Law? (2006)
e Is it open to a de facto guardian to alienate the
immovable property of a minor? Discuss. (2006)
e Who are entitled to the guardianship of the
person of a minor? When is the right of a female
for custody lost? (2007)
* Who is a de-facto guardian? Enumerate his
powers? Can he dispose off the moveable and
immovable property of a minor? (2008)
e Who has got the prior right of custody of a minor
in case of dispute of between father and
mother?(2010)
« Define legal capacity(al-ahliyyah).discuss the
legal capacity of minor (sabi).(2012)
e Explain the provisions of Islamic law regarding
the custody of child and critically evaluate the
notion of "parental child abduction’.(2013)
* Define the different Kinds of "Al-Ahliyyah".
Discuss the legal capacity of foolish persons.
(2014)ISLAMIZATION
« Discuss in detail the process of Islamization in
Pakistan. (2007)
+ Write a comprehensive note on the Islamization
of the laws in Pakistan. Do you think that
Islamization of laws has in any way improved
the Judicial and Governance systems of the
Country? (2009)
DISSOLUTION OF MARRIAGE
Is there any difference between divorce and
dissolution of marriage? What grounds are
available for dissolution of marriage under
Muslim Law? (2007)
Under what circumstances can a woman seek
dissolution of her marriage? Discuss in the light
of Muslim Marriages Act, 1939. (2008)
When and in what circumstances can a woman
seek dissolution of her marriage? Discuss under
the / Dissolution of Muslim Marriages Act, 1939.
(2011)
Is khula an absolute right of woman or it is
subject to some conditions?how can she use
this right and what are legel effects of khula?
(2012)
« Give three examples in which one divorce is
deemed irrevocable (ba'in) by the Sunni Law.
(2013)PUNISHMENT
* Why the Islamic Law is inclined towards strict
punishments? Explain your answer with special
reference to Hadd, Tazir and Qisas. (2006)
"Islamic law links the punishments of hadd, ta’zir
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
whcih emanate from these different kinds of
rights.(2013)
MARRIAGE
What are essentials of a valid marriage? From
what circumstances in the absence of direct
proof, may marriage be presumed? (2006)
Explain fully the status of a bigamous marriage
under the classical Islamic Law and compare it
with Pakistani law. (2009)
A Muslim marriage is a civil contract. Do you
think that the contracting parties have equal
rights in rescinding a marriage contract? Give
rationale. (2009)
.SS —Q_uueam?:.0n00—
x 7
* 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.(2011)
What do you understand by bigamous marriage?
Explain it under classical Islamic law vis-a-vis
Pakistani Law.(2011)
(a) "A contract of marriage concluded in the
absence of two witnesses is void, but some
consequences of irregular contract are assigned
to it". Elaborate this rule by clearly separating
the effects of a void contract and the effects of
an irregular contract which are found in such a
contract.(2013)
INHERITANCE & ESTATE LAW
A Muslim dies leaving a daughter's son and a
full brother. How will the estate of the deceased
be distributed according to (a) Sunni Law (B)
Shia Law (2006)
Under section 4 of the Muslim Family Laws
ordinance an orphan grandchild in entitled to the
share of his/her predeceased parent. Explain
fully the issue; argue for or against the
provision. (2009)“+ 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. (2009)
"No bequest in favour of a legal heir.’ Discuss this
statement according to the various schools of
Islamic Jurisprudence.(2011)
MISCELLANEOUS
Write, an essay on "the jurisdiction the prophet
(P.B.U.H) exercised was both regal and
sacerdotal, for he was deemed to be the
interpreter of God’s will upon earth".(2000)
"The Teachings of Abu Hanifa acquired for him
the title of "upholder of private judgment" and
his school of law was distinguished by that
epithet”. Discuss (2008)
What is ijtehad? What are the qualifications of a
Mujtahid? Compare |jtihad with istehsan. (2009)
In certain question the rule of decision shall be
the Muslim Personal Law (Shariat) in cases
where the parties are Muslims. Discuss with
reference to relevant law.(2010)
Define the doctrine of naskh (repeal).do you
agree that naskh has been done in Shariah
texts?if so then what is justification for it?
(2012)« Define "IDDAH" (The Waiting Period) and its
kinds. Is "IDDAH" compulsory in all kinds of
separations?(2014)
« According to views of Islamic scholars, the
constitution of 1973 is in line with Islamic
teachings, Discuss.(2014)
SHORT NOTES
+ Lia'an (2007)(2010)
« Talabs (2007)
* Spes Successions (2007)
* Escheat (2007)(2010)
* Mushaa(2007)
« Hadd (2008)
« Tazir (2008)
* Crime (2008)
« Torts (2008)
« Istinsan (2010)
« Analogy (2010)
* Iddat (2011)
* Death illness(2011)
* Khula (2011)
* Option of puberty (2011)
* Mujtahid fi al-shar (2012)* Option of puberty (2011)
« Mujtahid fi al-shar (2012)
e Proper dower (2012)
* Plain and allusive words (2012)
« Dhawi al-furud (2012)
* Obligatory Bequest (Wasiyyah Wajibah) (2013)
« Intoxication as Cause of Defective Legal Capacity
(2013)
* Mujtahid fi al-Madhab(2013)
* Zihar(2013)
* Three important kinds of Mujhtahid(2014)
* Customs as the source of Islamic Law(2014)
« Maintenance of Wife(2014)
e Judicial separation(2014)