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

Friday 27 October 2017: 14.30 – 17.45

Candidates will have THREE HOURS AND FIFTEEN MINUTES in which to

answer the questions.

Candidates should answer FOUR of the following EIGHT questions.

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

Permitted materials
None.

© University of London 2017

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1. Discuss the concept of Ijtihād and its role in the continued evolution of
Islamic law.

2. “The Qur’anic verse: ‘O you who believe, obey God and obey the
Messenger and those charged with authority among you; and if you differ
in anything among yourselves, refer it to God and His Messenger’
[Q4:59] is the basis of all the sources of Islamic law.”

Discuss.

3. Discuss the required qualifications and the main functions of a Qādī and
identify the means of establishing a claim before the court under Islamic
law.

4. Explain the differences between talāq, khula, faskh and tafrīq, analysing
the legal consequences of each one for both spouses and referring to
relevant juristic views and their application under the legislation of
relevant modern Muslim-majority states of your choice.

5. Discuss the prohibition of ribā (interest) and gharar (uncertainty) as the

two main principles at the heart of the law of contracts under Islamic law
and analyse whether murābaha contracts effectively avoid those
prohibited elements.

6. Analyse the main requirements for the validity of marriage under Islamic
law, referring to relevant juristic views on each of the requirements.

7. “The relationship between child custody (hadānah) and child

guardianship (wilāyah) can be seen as a complex structure of rights and
duties distributed between the entitled person(s).”

Discuss.

8. Sarah died leaving behind the following relatives: her husband; her
mother; her father; one son and one daughter from a previous marriage;
one full brother; and one full sister.

Explain, citing relevant authorities, the specific share of each of these

relatives in her Estate under the Sunnī scheme of inheritance, indicating
the capacity in which each entitled person would inherit.

END OF PAPER
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