LA3028 October B1

LLB

Introduction to Islamic law

Thursday 2 November 2023

You have FOUR HOURS AND 15 MINUTES in which to write your answers.

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

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

© University of London 2023

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PART A

1. ‘Usul al-Fiqh can be described metaphorically as the “cooking pot” of

Islamic law.’

Discuss.

2. ‘The rules of classical Islamic international law (al-siyar) cover most of

the relevant issues in contemporary international law.’

Discuss.

3. ‘The historical development of Islamic law may be roughly divided into

six major periods.’

Discuss.

4. Discuss each of the following concepts and their application as important

principles of Islamic law, with relevant authorities and illustrations:

(a) Istihsān;

(b) Istishāb;

(c) Takhayyur; and

(d) Darūrah

PART B

5. In her marriage contract with Rahul, Maryam inserted a stipulation that

Rahul will not take a second wife during the subsistence of their
marriage, to which Rahul agreed. They have been married for two years
without a child and Rahul contracted a second marriage with Sarah
without the knowledge of Maryam. Sarah is now pregnant with a child
for Rahul, so Rahul informed Maryam about his second marriage and
the expected baby. Maryam is furious and is claiming that Rahul’s
second marriage is not valid due to the stipulation in the contract of
marriage between her and Rahul.

Advise Rahul and Maryam whether Rahul’s second marriage is valid and
if so, what are the options available for Maryam, with reference to
classical Islamic jurisprudence and the modern family code of any
Muslim-majority state of your choice.

6. Explain the difference between a Mudarabah contract and a

Musharakah contract with relevant illustrations for each one of them.

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7. Explain the differences between talāq, khul’, faskh and mubara’ah,
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.

8. Miran attended his friend’s birthday party where he was misled into
drinking a mixture of intoxicant drink and got intoxicated. He then
managed to find his way home. When his wife accused him of being
intoxicated, he got angry and picked his Qur’an from the shelf and threw
it at her. His wife then called the police to report Miran.

Discuss the possible offences that Miran could be accused of under

Islamic law, the defences that he may have, and the punishments if
found guilty.

END OF PAPER

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