THIS PAPER IS NOT TO BE REMOVED FROM THE EXAMINATION HALLS

UNIVERSITY OF LONDON LA3028 October

LLB
DIPLOMA IN THE COMMON LAW
BSc DEGREES WITH LAW

Introduction to Islamic law

Wednesday 31 October 2018: 14.30 – 17.45

Candidates will have THREE HOURS AND FIFTEEN MINUTES in which to

answer the questions.

Candidates must answer FOUR of the following EIGHT questions.

Candidates must answer all parts of a question unless otherwise stated.

Permitted materials
None.

© University of London 2018

UL18/0941
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1. “The distinction between law and its sources is carefully maintained in
Islamic jurisprudence. The distinction assumes that the Holy Law, as
the aggregate of divinely-ordained rules, is not entirely self-evident from
the sacred texts. Because the Law is buried, as it were, within the legally
imprecise and sometimes ambiguous language of the sacred text, it is
said to be extracted from the texts; and it is for this reason that the texts
are to be considered sources of the Law rather than the Law itself. The
process of extracting legal rules from the sources of the Law is termed,
with reference to its character as human activity, ijtihad.” (Weiss)

Discuss.

2. Explain the difference between child custody (hadānah) and child

guardianship (wilāyah) after the dissolution of marriage under Islamic
law.

3. “In Islamic family law, monogamy is the rule while polygyny is only an
exception.”

Discuss.

4. Discuss the development of the classical schools of Islamic

jurisprudence and their continued relevance in modern Muslim-majority
States.

5. “Maintenance is the wife’s right and the husband’s duty under Islamic
law.”

Discuss.

6. Discuss the different ways by which a marriage may be dissolved under

Islamic law, with reference to classical Islamic jurisprudence and
modern reforms in any TWO Muslim-majority states.

7. Discuss the main requirements for a valid contract under Islamic law.

8. “Qisās offences in Islamic law are more similar to torts in English law
than to criminal law.”

Discuss.

END OF PAPER
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