LA3028 October ZA

Introduction to Islamic law

Thursday 29 October 2020

You will have TWO HOURS AND 45 MINUTES in which to answer the
questions, including 15 minutes reading time. You must answer all parts of a
question unless otherwise stated.

You will have an additional 30 minutes to download the examination paper and
to upload your saved answers to the VLE; this time should be used solely for
these purposes.

You must answer TWO of the following EIGHT questions, including ONE from
PART A and ONE from PART B.

© University of London 2020

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PART A

1. Discuss the role and contribution of al-Shāfi’ī to the development of

Islamic legal theory (usūl al-fiqh) and its continued relevance in the
contemporary application of Islamic law.

2. Discuss the importance of distinguishing between shari’ah and fiqh with

reference to the sources and methods of Islamic law.

3. Discuss the need for the authentication of hadīth and its different
classifications with reference to authenticity of text (matn) and reliability
of transmitters (isnād).

4. “The relevance of Islamic law in the modern age is reflected in its

continued influence on both domestic and international law in the Muslim
world today.”

Discuss.

PART B

5. Faisal and Karim are close friends and business partners. Faisal dies
suddenly, leaving behind a 9-year-old daughter, Shahida. Karim is
devastated by Faisal’s death. To console Karim and strengthen their
family relationship, Faisal’s father, Mahmud, decided to marry Shahida,
to Karim’s 12-year-old son, Ibrahim.

Discuss the validity of the marriage with reference to classical Islamic

jurisprudential views, contemporary academic debates and relevant
modern family law provisions of ANY ONE Muslim-majority state.

6. “Ibn Rushd observes that the khul‘ mode of termination of marriage

grants to a woman a right equivalent to the right of divorce, talāq, granted
to the man.” (Khir).

Discuss.

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7. Abdul gave a loan of 2,000 Riyals to his friend Mulhim two years ago.
Their friendship has now broken down and Mulhim denies owing Abdul
any money. Abdul decides to bring a claim to recover the debt under
Islamic law.

Discuss how Abdul can establish his claim with reference to the rules of
evidence and testimony in Islamic judicial procedure.

8. Discuss each of the main pillars of a valid marriage contract under

Islamic law, with reference to classical jurisprudential views, modern
legislation of ANY ONE Muslim-majority state and any relevant case law.

END OF PAPER

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