Name: Farooque Ahmed Lohrani

Class: BA LLB (iv)

Section: A
Roll No: Bl-1454
Subject: Islamic Jurisprudence II

Q.1
Ans:
CHARACTERISTIC OF EVIDENCE
The evidence needed for a conviction varies depending on the crime. Some crimes only require two
witnesses, while others call for four (adultery, for example).
Crimes are proven through the claimant's testimony, like in the case of 'Lia ‘an,' where a husband
accuses his chaste wife of infidelity but has no witnesses to back him up. People are invited to testify
in court as witnesses, but they are cautioned against lying or concealing facts. Witnesses must be
sane adult Muslims who are objective in their testimony. It is forbidden for an unbeliever to testify
against a Muslim. Non-Muslims can testify against other non-believers if their testimony is
consistent with their own traditions and sense of fairness. Children's testimony is permissible as long
as it is not swayed by their parents or relatives.
When a witness to a transaction is unavailable due to their death or because they are located at such
a vast distance that it is impossible to locate them, proof may be gathered from a person who
overheard them declare that they witnessed the transaction. This is referred to as testimony
evidence (shahdut-ala-shahdut).
Legal testimony must also support the claim; otherwise, it is meaningless.

IMPORTANCE OF EVIDENCE
False testimony is a big crime in the world as well as a big sin. The person who gives false testimony
he will be punished at the Day of Judgment, this false testimony will affect the life of persons and
can destroy
False testimony is not considered evidence by Muhammadan jurists because the purpose of
information is to reveal what happened. Fake testimony, false evidence, or false information,
according to them, would be a contradiction in terms.

As a result, according to Muhammadan jurists, giving evidence is a right of a person who has
witnessed an occurrence to impose liability on the person against whom a right is claimed. The
court's sole function, as far as the claimant is concerned, is to enforce such responsibilities upon the
claimant's demand and upon receipt of the necessary information or proof. The right of the witness,
however is to give true evidence, but as men do not always give correct information either from
error of perception or some moral aberration, it is incumbent on the law to take precautions with a
view to prevent the court as far as possible from being misled by falsehood.
Because only true information is considered evidence, there can be no conflict of evidence, even if
there is a conflict of statements, one of which can be labelled evidence while the other is either a lie
or an error. As no one has the right or obligation to bring an error or falsehood before a court, nor
can the court admit them.

Q.2
Ans.
A.
Islam says all the Muslims are equal and Islam rejects any sort of discrimination.

Concept of Muslim Ummah: Muslims are around the world are single nation. There is no division
among them on the basis of caste, colour or on the origin of their birth. Therefore they all are
considered Ummah. Because Islam doesn’t give any importance to colour, race or geographical
difference.
Concept of Non-Muslim: Islam considers all the other nations a non- Muslim nation. Even though
they are divided on the basis of caste, colour and creed. They are divided because they don’t give
importance to religious faith.
Division of words: The division is based on the religious faith. Those who believe in Islam are
considered as a Non-Muslim nations. And all over the world, those who believe in Islam are called
Muslim Ummah.

Muslim International Law tolerates every non muslim state, which is not a threat against Islam and
the Muslims and emphasizes on friendly relations.

B.
Concept of treaties under Muslim International Law:
Arabs used to sign treaties for the betterment of society and establishment of peace. Same thing has
be adopted by Islam with certain amendments. Principles and essentials of treaties according to
Islam are given below:

(i) Written treaty: Treaty should be in written foam,

(ii) Duration of treaty: all the important dates like its ending, enforcing dates be written,
(iii) Betterment of Muslims: for prevailing peace and for the betterment of Muslims treaty
can be signed,
(iv) Enforcement of treaty: it should be made in such a manner that promises of treaty are
being fulfilled thoroughly.
(v) Withdrawal from treaty: Prior to the cancellation of treaty the head of the Muslim state
should inform the other party to treaty.
(vi) Purpose of treaty: This includes truce, establishment of peace, agreement for
cooperation, etc.

Formation of Treaty:
Treaty can be formed for truce, betterment of relations and establishment of peace or for
cooperation and alliances.

Amendment of Treaty:
Treaty can be amended but with the consent of parties and as per the changing circumstances.

Q3.
Ans: Constitutional Law
It is a body of Law which defines the role, power, and structure of different entities within a
state, namely Executive, Parliament, and Judiciary. It also governs the relation between these three
pillars of a state.

Constitutional Law – Conception of State:

The Imam or Caliph is the Supreme leader or King of all Muslims living across the World. Imam
directs and guides Muslims of the World. He has the responsibility of administration so he selects
particular person for a particular place to administrate, that person is called Governor of the State
and have necessary powers. The Imam may also delegate the exercise of his authority in various
departments of administration such as, army may control administration of justice and police, but
Imam cannot make any Law, can only interpret the Law. He is also bound by Law as a common man.
For example, Qadi Shuraih passed an order against Imam Ali against the Jew.

Representative of People:
Imam is selected by Ijma for example, Hazrat Abu Bakar R.A, Imam is the representative of the
people from whom he is elected. It is not possible for all the Muslims to attend the Ijma so the Chief
men exercise the power. It includes the nobility, the gentry, and the learned of a man. If the Imam is
oppressive and violet the injunctions of the Law and religion so Muslims can replace the Imam but
until the next Imam his Orders will be absolute bindings for all. The Imam should be from tribe of
Quraish but it is not necessary that he should be from Hashmi family. A person can be chosen as
Imam, who is virtuous and have the knowledge of the condition regarding appointments to the
office of Qadi and others. The Current Imam can nominate his successor but people should accept
him.

Administrative Law
It is the body of law that governs the activities of administrative agencies of government such as,
rule making, adjudication, or the enforcement of a specific regulatory agenda.
The head of the State, Imam, is the trustee of the Public property not the owner. The Public property
(Bait ul Maal) is obtained by the deposit of the revenue.
Sources of Revenue
• Ushar or Tithe
• Khiraj or Land tax
• Tax on land belonging to non-Muslim owners
• Jiziya from Non-Muslims
• Zakat only from Muslims
• Khums
• One fifth of mines, escheats, and forfeitures.

Imam as the custodian of Public Property:

He is the custodian of Public Property such as, rivers, roads, land, etc. He is also guardian of
institutes, trusts, mosques, madrassas, and etc.
Disciplinary Powers of Imam
He can enforce punishments over those Muslims who violate the religious injunctions and public
decorum.
Administration of Justice:
The Imam does not only possess powers in fiscal matters but also with regards to the appointment
of Qadi and otherwise providing for the administration of justice.
Appointment of Qadi
Qadi should possess the qualification of witness and he should be a Muslim, free and major.
According to Imam Shafai, he must be of virtuous character. Qadi should be Jurist or Mujtahid.
When a Qadi is not a Mujtahid, a Mufti should be appointed to advise him on the question of Law.
Woman Qadi
According to Hanafi, a woman can also be Qadi, if she possesses the required knowledge but she
cannot pass an order of Hadd or retaliation. In shafais, she is simply disqualified.
Power and Jurisdiction of Qadi
Qadi is appointed for a limited time and specific area. Some classes of cases are excluded from his
jurisdiction. Sometimes two Qadi for a case may be appointed. The Qadi may appoint a deputy Qadi.
The Qadi holds his office at the discretion of the Sultan.

Q.4
Ans:

INTRODUCTION:
For betterment of human beings, ALLAH allows human beings to do some acts and prevents them
from doing some acts. Shariat has allowed doing of some acts and has also forbidden doing of some
acts.

2. CLASSIFICATION OF ACTS WITH REGARD TO RELIGIOUS AND SECULAR PURPOSE

(I) Acts of Senses: These acts can be further classified into following two kinds:

(a)Afaal-ul-Jawarah:

These are those acts, which belong to human limbs. These best examples of these acts are speaking,
drinking, eating, Walking etc.

(b) Afaal-ul-Qalab: To reject, to admit, to believe, to disbelieve, to desire etc. are those acts, which
are termed as Afaal-ul-Qalab.

(ii) Shari Acts: A sum of more than one act of senses of one or more persons which Sharia admits as
one act, is called Shari Act. The examples of such acts are exchange, gift, sale, faith etc.

(iii) Intentional and Unintentional Acts: Acts, which depend upon intention, are called intentional
acts while acts, which do not depend upon intention, are called unintentional acts

(iv) Acts in respect of Worldly Purposes: As far as worldly purposes are concerned, acts can be
classified into following two kinds:

(a) Held (Munagda) and enforced (Nafiz) acts.

(b) Unheld (Ghair-Munaqda) and unenforced (Ghair-Nafiz) acts

(v) Acts in Respect of Effects and Results: In respect of effects and results,

acts can be classified into following kinds:

(a) Valid acts (b) Irregular acts

(c) Void acts

(a) Valid Acts: According to Islamic law an act is termed as valid act when the following
characteristics are present in an act:
Shari Ingredients and Conditions: An act can only be considered as valid act when all the required
Shari conditions and ingredients are present in such act.

Shari Effects: An act becomes a valid act when all Shari effects are found in it.

Shari Existence: A Shari act is that its Shari existence is certain

Proper and just Act: It is also necessary that valid act should be proper and just according to Shariat

Practically Enforceable: A valid act is practically enforceable.

(b) Irregular Acts: Irregular act is held (munagid), but some defect is emerged in it due to some
external hindrance. However, such as becomes proper and just when the extermal hindrance is
removed.

(c) Void Acts: According to Islamic laws an act is termed as void act when the following
characteristics are missing in an act:Such act is not prohibited absolutely.

Shari Ingredients and Conditions: An act is considered as void act when all the required Shari
conditions and ingredients are not present in such act.

Shari Effects: An act becomes void when all Shari effects are not found in it.

Proper and Just Acts: An act which is not proper and just

according to Shariat, becomes void act

(vi) Practically Enforceable: An act, which is not practically enforceable, becomes void act.

Islamic law has allowed some acts and has forbidden some acts so as to uproot illegal, non-Shari,
improper and unjust customs, traditions, rules, principles, and laws, which were present in the pre-
Islamic era.