Thread: Repeated Questions of Muslim Law
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Old Sunday, January 31, 2010
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Default Repeated Questions of Muslim Law
ISLAMIC LAW
  • Shariat is a complete code of life. How far do you agree with this view? Discuss. (2000)
  • What is meant by acknowledgement of paternity in Islamic Law? What are the valid conditions for such an acknowledgement? (2007)
  • What is the meaning of Islamic Jurisprudence? Compare it with that
    of Western or Secular Jurisprudence.(2010)
  • Discuss “Shura and Sovreignty” under Islamic Constitution. (2010)
  • It was during the reign of the Abbasides that the four schools of law were founded. Write a comprehensive (20) note on the Hanafi school of thought with regard to the development of Islamic Jurisprudence.(2011)
  • "Necessity does not allow every prohibited act; rather, some acts remain prohibited even in the state of necessity." Explain this statement by clearly elaborating the parameters and limitations of the doctrine of necessity in Islamic law.(2013)
  • Imam Gazhali says: "Maslahah does not mean acquiring benefit or repelling harm; it means protecting the purposes of the law." Elaborate theory of the purposes of Islamic law (maqasid al-shari'ah) and link it with the wider doctrine of maslahah as expounded by Imam Ghazali and Imam Shatibi.(2013)
  • Define the doctrine of "Istishab" (The Presumption of continuity). Where it can be considered as source of Islamic Law? Discuss. (2014)


SOURCE OF MUSLIM LAW
  • Discuss the supreme importance of Holy Quran as a primary source of Muslim Law. (2000)
  • What are the secondary sources of Islamic Law. (2007)
  • What is the difference between istehsan and maslahah mursalah?how they can be used to deduct laws in new problems which are not covered by the QURAN,the sunnah or ijma? (2012)
  • "Istihsan does not mean deviation from the legal norms on the basis of personal liking or disliking; it is a means to ensure analytical consistency in the legal system by resolving conflicts in various sources of law." Elaborate this statement and citically evaluate the objection raised by the shafi'i jurists on the Hanafi principle of Istihsan.(2013)

  • It is said that "IMAM SHAFI" strongly opposed the Istehsan (Jurist preference) as a source of islamic law. Discuss. How Istehsan can be used in this age? Explain.(2014)

WAQF
  • Discuss the objects for the creation of wakf. Can a wakf may be created in favour of donor’s family? (2000)
  • It is said Imam abu hanifa was strongly opposed to waqf.then it was recognized and institutionalized.why?discuss it.how waqf can be used in better way?give your suggestions.(2012)




CONSENSUS OF OPINION
  • Can a modern legislation be used for consensus of opinion? Elaborate
    your answer with reasons.(2010)
  • The parliament in Pakistan can not be used for consensus of opinion. Do you agree? If not then give reasons.(2011)
  • What is the difference between "IJMA" (consensus) and IJTIHAD" (Independent Judgement), How they can be used to solve new problems, which are not covered by Qur'an and Sunnah.(2014)

MUSLIM FAMILY LAWS ORDINANCE
  • Discuss the functions of Arbitration council constituted under the various provisions of Muslim Family Laws Ordinance, 1961. (2000)
  • Critically analyze the Muslim Family Laws Ordinance 1961.Which particular provision do you consider to have the greatest significance in the Muslim Family Laws in Pakistan and why? (2008)
  • Many muslims scholars has criticized some sections of the muslim family laws ordinance 1961 that they are not in accordance with the injuctions of shariah.give your opinion and decorate it with arguments.(2012)

GIFT
  • Explain if a bequest can be made to a child in the mother’s womb. Can a gift be so made? Also discuss the limitation, imposed on testamentary power and why you think such limits have been imposed? (2000)
  • What are essentials of a Gift? Under what circumstances can a ‘gift’ not be revoked? (2006)
  • What is the difference between the hiba-bil-iwaz and hiba ba shartul iwaz?
  • Note: Hiba ba shartul iwaz (2007)
  • What are distinguishing features of gift from those of will? (2007)
  • Elucidate the different principles which govern the question whether a child still unborn when a praepositus dies, is entitled to succeed or take a bequest. Explain how, and in what precise circumstances, these various principles are respectively applied. (2008)
  • Explain the essentials of Valid Gift. A, who owns a house makes a gift to B of the house and of the right to the use a staircase used by him jointly with a owner of an adjoining house. Is it a valid Gift? Explain.(2009)
  • What are distinguishing features of gift from will?(2010)

DOWER
  • What is Proper dower? How is it fixed? (2006)
  • Define Prompt and Deferred Dower. How will the dower be fixed under the Muslim Family Law Ordinance ,1961, when the mode of payment of dower is not specified in Nikah- Nama? (2006)
  • Under what circumstances the right of 'dower' is established? Briefly describe prompt and deferred Dowers with their consequences? (2008)

GUARDIANSHIP & CUSTODY
  • What do you mean by dejure guardian of the property of a minor? State his power and distinguish him from a defacto guardian. (2000)
  • Distinguish between the ‘Right of Guardianship’ and ‘the Right of Custody’. Can the two rights simultaneously exist in two different persons? (2006)
  • When are females disqualified from the custody of minor children under Muslim Law? (2006)
  • Is it open to a de facto guardian to alienate the immovable property of a minor? Discuss. (2006)
  • Who are entitled to the guardianship of the person of a minor? When is the right of a female for custody lost? (2007)
  • Who is a de-facto guardian? Enumerate his powers? Can he dispose off the moveable and immovable property of a minor? (2008)
  • Who has got the prior right of custody of a minor in case of dispute of between father and mother?(2010)
  • Define legal capacity(al-ahliyyah).discuss the legal capacity of minor (sabi).(2012)
  • Explain the provisions of Islamic law regarding the custody of child and critically evaluate the notion of "parental child abduction".(2013)
  • Define the different Kinds of "Al-Ahliyyah". Discuss the legal capacity of foolish persons.(2014)

ISLAMIZATION
  • Discuss in detail the process of Islamization in Pakistan. (2007)
  • Write a comprehensive note on the Islamization of the laws in Pakistan. Do you think that Islamization of laws has in any way improved the Judicial and Governance systems of the Country? (2009)

DISSOLUTION OF MARRIAGE
  • Is there any difference between divorce and dissolution of marriage? What grounds are available for dissolution of marriage under Muslim Law? (2007)
  • Under what circumstances can a woman seek dissolution of her marriage? Discuss in the light of Muslim Marriages Act, 1939. (2008)
  • When and in what circumstances can a woman seek dissolution of her marriage? Discuss under the / Dissolution of Muslim Marriages Act, 1939.(2011)
  • Is khula an absolute right of woman or it is subject to some conditions?how can she use this right and what are legel effects of khula?(2012)
  • Give three examples in which one divorce is deemed irrevocable (ba'in) by the Sunni Law.(2013)

PUNISHMENT
  • Why the Islamic Law is inclined towards strict punishments? Explain your answer with special reference to Hadd, Tazir and Qisas. (2006)
  • "Islamic law links the punishments of hadd, ta'zir and qisas to the right of God, the right of individual and the joint right of God and individual, respectively." Distinguish between the legal consequences of these punishments whcih emanate from these different kinds of rights.(2013)




MARRIAGE
  • What are essentials of a valid marriage? From what circumstances in the absence of direct proof, may marriage be presumed? (2006)
  • Explain fully the status of a bigamous marriage under the classical Islamic Law and compare it with Pakistani law. (2009)
  • A Muslim marriage is a civil contract. Do you think that the contracting parties have equal rights in rescinding a marriage contract? Give rationale. (2009)
  • A Muslim marriage is a civil contract. Both the contracting parties have equal rights in rescinding a marriage contract. Discuss this in the light of both traditional Islamic law and Pakistani Law.(2011)
  • What do you understand by bigamous marriage? Explain it under classical Islamic law vis-a-vis Pakistani Law.(2011)
  • (a) "A contract of marriage concluded in the absence of two witnesses is void, but some consequences of irregular contract are assigned to it". Elaborate this rule by clearly separating the effects of a void contract and the effects of an irregular contract which are found in such a contract.(2013)

INHERITANCE & ESTATE LAW

  • A Muslim dies leaving a daughter’s son and a full brother. How will the estate of the deceased be distributed according to (a) Sunni Law (B) Shia Law (2006)
  • Under section 4 of the Muslim Family Laws ordinance an orphan grandchild in entitled to the share of his/her predeceased parent. Explain fully the issue; argue for or against the provision. (2009)
  • A Muslim male dies leaving behind a widow, a daughter an agnatic granddaughter and a father. Distribute the property of the deceased/ praepositus amongst the heirs. Explain the basis for the distribution of property to each and every heir. (2009)
  • "No bequest in favour of a legal heir." Discuss this statement according to the various schools of Islamic Jurisprudence.(2011)

MISCELLANEOUS

  • Write, an essay on "the jurisdiction the prophet (P.B.U.H) exercised was both regal and sacerdotal, for he was deemed to be the interpreter of God’s will upon earth".(2000)
  • "The Teachings of Abu Hanifa acquired for him the title of "upholder of private judgment" and his school of law was distinguished by that epithet”. Discuss (2008)
  • What is ijtehad? What are the qualifications of a Mujtahid? Compare Ijtihad with istehsan. (2009)
  • In certain question the rule of decision shall be the Muslim Personal Law (Shariat) in cases where the parties are Muslims. Discuss with reference to relevant law.(2010)
  • Define the doctrine of naskh (repeal).do you agree that naskh has been done in Shariah texts?if so then what is justification for it?
    (2012)
  • Define "IDDAH" (The Waiting Period) and its kinds. Is "IDDAH" compulsory in all kinds of separations?(2014)
  • According to views of Islamic scholars, the constitution of 1973 is in line with Islamic teachings, Discuss.(2014)


SHORT NOTES

  • Lia'an (2007)(2010)
  • Talabs (2007)
  • Spes Successions (2007)
  • Escheat (2007)(2010)
  • Mushaa(2007)
  • Hadd (2008)
  • Tazir (2008)
  • Crime (2008)
  • Torts (2008)
  • Istihsan (2010)
  • Analogy (2010)
  • Iddat (2011)
  • Death illness(2011)
  • Khula (2011)
  • Option of puberty (2011)
  • Mujtahid fi al-shar (2012)
  • Proper dower (2012)
  • Plain and allusive words (2012)
  • Dhawi al-furud (2012)
  • Obligatory Bequest (Wasiyyah Wajibah) (2013)
  • Intoxication as Cause of Defective Legal Capacity (2013)
  • Mujtahid fi al-Madhab(2013)
  • Zihar(2013)
  • Three important kinds of Mujhtahid(2014)
  • Customs as the source of Islamic Law(2014)
  • Maintenance of Wife(2014)
  • Judicial separation(2014)
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Last edited by Amna; Saturday, February 21, 2015 at 01:42 PM. Reason: Updated
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