Sources of Islamic Law

Q5[2005]- Explain briefly the relative importance of the main sources of Islamic Law.
2. [2000:] Discuss the supreme importance of Holy Quran as a primary source of Muslim Law.

1. [2001:] Discuss Hadith as a source of Islamic Law.
6. [2001:] (short note 10 marks) Sihah-e-Sittah

Q.2. [2007:]What are the secondary sources of Islamic Law.
Q4[2004:]- Is analytical deduction (Qiyas) more important than consensus of opinion (Ijma)? Whatever your answer discuss in detail?

1. [2000:] 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".
Succession

Q1[2004:]- Discuss briefly the Fundamentals of Islamic Law of Succession in the light of Quran and Sunnah.

4. [2002:] Discuss the different principles which govern the question whether a child still inborn when a praepositus or testator dies, is entitled to succeed or to take a bequest. Explain how, and in what precise circumstances, these various principles are respectively applied.

5. [2002:] “In its strict technical sense an impediment to inheritance is a personal act or attribute when disqualifies from succession an individual who would otherwise be an entitled heir on the ground of either marriage or blood relation with the praepositus.” Discuss this statement both under Sunni law and Shia law.

Inheritance

Q.4[2009:] 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.

Q.5[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.

Q.3[2006:] 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

(a) [2007: short note] (5 marks) Spes Successions
(b) [2007: short note] (5 marks) Escheat

5. [2002:] “In its strict technical sense an impediment to inheritance is a personal act or attribute when disqualifies from succession an individual who would otherwise be an entitled heir on the ground of either marriage or blood relation with the praepositus.” Discuss this statement both under Sunni law and Shia law.

Wills

Q.3. [2007:] What are distinguishing features of gift from those of will?

Q.4. [2008:]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.

4. [2002:] Discuss the different principles which govern the question whether a child still inborn when a praepositus or testator dies, is entitled to succeed or to take a bequest. Explain how, and in what precise circumstances, these various principles are respectively applied.

5. [2000:] 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?

Gifts
5. [2000:] 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?

Q.3. [2007:] What are distinguishing features of gift from those of will?
Q.2[2009:] Explain the essentials of Valid Gift…..
Q.2a [2006:]- What are essentials of a Gift? Under what circumstances can a ‘gift’ not be revoked? (10 marks)
Q2[2005]- Can a gift without delivery of possession ever be regarded as valid?

Hiba+Iwaz
(e) [2007: short note] (5 marks) Hiba ba shartul iwaz

Q.2b [2006:]- What is the difference between the hiba-bil-iwaz and hiba ba shartul iwaz? (10 marks)

Mushaa
Q.2[2009:] 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?
[2007: short note] (5 marks)Mushaa
6. [2001:] (short note 10 marks) Gift of Mushaa

Q3[2003:]- Define 'Mushaa' and state the rules as regards its gift under Sunni and Shia Laws.

Waqf
4. [2000:] Discuss the objects for the creation of wakf. Can a wakf may be created in favour of donor’s family?
Pre-emption
7. [2001:] Define Pre-Emption. Who may claim Pre-Emption?

Marraige
(???) Q6[2004:]- What are the ingredients of a valid contract under the Islamic Law?(???)

Q.7[2009:] Explain fully the status of a bigamous marriage under the classical Islamic Law and compare it with Pakistani law.

Q.5 [2006:]What are essentials of a valid Muslim marriage? From what circumstances in the absence of direct proof , may marriage be presumed?

Q1[2003:]-Explain the kinds of prohibition to Muslim marriage and its effect on the legitimacy of children?

Maintenance
Q2[2003:]- What is the maintenance and what are the legal effects of non-maintenance of wife? What is the time limit for maintenance of a divorced wife?

Dower
Q4[2005]- "Dower is an essential incident under the Muslim Law to the status of marriage ".Comment.

Q.6. [2008:] (a) Under what circumstances the right of 'dower' is established?
(b) Briefly describe prompt and deferred Dowers with their consequensces?

Q.1a [2006:]- What is Prompt dower? How is it fixed?
b- Define Prompt and Deferred Dower. How will the dower be fixed under the Muslim Family Laws Ordinance ,1961, when the mode of payment of dower is not specified in Nikah- Nama?

Q4[2003:]- Discuss the nature and extent of a muslim widow's right to retain possession of her husband's estate in lieu of her dower.
Divorce

Q.3 [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.

Q.5. [2008:]Under what circumstances can a woman seek dissolution of her marriage?Discuss in the light of Muslim Marriages Act, 1939.

Q3[2005]- Discuss the object and scope of Dissolution of Muslim Marriage Act (Act VITI of 1939).Also explain the effect of apostasy from Islam on marriage.

Q.6. [2007:] Is there any differences between divorce and dissolution of marriage? What grounds are available for dissolution of marriage under muslim Law?

7. [2002:] (a) Discuss “Cruelly” in the light of Dissolution of Muslim Marriages Act of 1939. (b) A husband is sentenced to imprisonment for a period of 7 years, while an appeal against this sentence is still pending. Can a Family Court pass a decree for Dissolution of Marriage against him on this ground?

M Family Laws Ordinance,1961

Q.4[2009:] 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.

Q.3[2008:]. Critically analyse 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?

Q.1 [2006:] b- Define Prompt and Deferred Dower. How will the dower be fixed under the Muslim Family Laws Ordinance ,1961, when the mode of payment of dower is not specified in Nikah- Nama?

7. [2000:] Discuss the functions of Arbitration council constituted under the various provisions of Muslim Family Laws Ordinance, 1961.

Ijtehad & Istihsan

Q.6[2009:] What is ijtehad? What are the qualifications of a Mujtahid? Compare Ijtihad with istehsan.

Q5[2003:]- Many muslims believe that 'Ijtehad' is absolutely necessary in modern times to keep pace with the changing world. Comment.


Guardian ship & Property

Q6[2005]- Discuss the concept of property under Islamic Jurisprudence.

Q.6[2006:] Distinguish between the ‘Right of Guardianship’ and ‘the Right of Custody’. Can the two rights simultaneously exist in two different persons?

De jure and De facto guardian and property
6. [2000:] What do you mean by dejure guardian of the property of a minor? State his power and distinguish him from a de facto guardian.

Q.7. [2008:] Who is a de-facto guardian? Enumerate his powers? Can he dispose off the moveable and immovable property of a minor?

Q.4b [2006:]- Is it open to a de facto guardian to alienate the immovable property of a minor? Discuss.

Female/mothers and right of custody:

Q.4a [2006:]- When are females disqualified from the custody of minor children under Muslim Law? (??Discuss??)

Q.5. [2007:] Who are entitled to the guardianship of the person of a minor? when is the right of a female for custody lost?

Q2[2004:]- Under what circumstances the mother is not entitled to the custody of her minor children?

Acknowledgement of paternity

Q.4. [2007:]What is meant by acknowledgement of paternity in Islamic Law? What are the valid conditions for such an acknowledgement?

Q3[2004:]- What is meant by acknowledgement of Paternity in Islamic Law? What are the valid conditions for such an acknowledgement?

6. [2002:] “Where the paternity of a child that is legitimate descent from his father cannot be proved by establishing a marriage between his patients at the time of his conception or birth, the Islamic law recognizes ‘acknowledgment’. Explain by stating valid conditions of acknowledgement.

5. [2001:]What is meant by Acknowledge of Legitimacy? Explain the conditions of a valid acknowledge.

Islamization in Pakistan
Q.8[2009:] 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?

Q.1. [2007:] Discuss in detail the process of Islamization in Pakistan.

The 4 imams
Q.2. [2008:]"The Teachings of Abu Hanifa acquired for him the title of "upholder of private judgement" and his school of law was distinguished by that epithet".Discuss

Crime
Q.8. (a) [2008:] Explain (5 marks) Hadd
Q.8. (b) [2008:] Explain (5 marks) Tazir
Q.8. (c) [2008:] Explain (5 marks) Crime
Q.8. (d) [2008:] Explain (5 marks) Torts

Q.7[2006:] Why the Islamic Law is inclined towards strict punishments? Explain your answer with special reference to Hadd, Tazir and Qisas.

Testimony

Q1[2005]- E xplain fully the restrictions on Muslims testamentary power and reasons therfor.

Q5[2004:]- What are the qualifications of a competent witness for testifying? Discuss the status of a woman as witness.

4. [2001:] What are the salient features of Islamic Law of Evidence? Discuss briefly.

5. [2000:] 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?

History


Q7[2005]- Explain as to what extent Roman Law influenced Muslim law?

2. [2001:]Some scholars contend that the Shriah has been influenced by Roman law while others deny any such influence. Discuss.

Q6[2003:]- Discuss the development of Islamic Law during the Umayyad caliphate.

Economy of Pakistan

Q7[2004:]- What are the traditional sources of Revenue of an Islamic State?

Q7[2003:]- Discuss the concept of an Islamic State. What are your views on interest-free system in a country like Pakistan?

Others

1. [2002:] “The groundwork of the Mohammaden legal system, like that of other legal systems, is to be found in the customs and usages of the people among whom it grew and developed”. Discuss.

2. [2002:] “To some jurists the legal system of Islam is complex, uncertain and artificial.” Do you agree or disagree with this view?

1. [2000:] 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".

3. [2000:] Shariat is a complete code of life. How far do you agree with this view? Discuss.

3. [2001:] “Necessity renders prohibited things permissible”. Discuss this maxim with reference to the principles of Islamic Jurisprudence.

Q6[2004:]- What are the ingredients of a valid contract under the Islamic Law?

3. [2002:] “The dominant idea of a contract in Muhammadan Law is that it establishes a lie of legal relations arising from the consent of the minds of two persons to deal with each other in respect of certain rights of theirs.” Elaborate this statement.

(c) [2007: short note] (5 marks)Lia'an
(f) [2007: short note] (5 marks) Talabs (???pre-emption???)

6. [2001:] (short note 10 marks) Qualifications of a Qazi
6. [2001:] (short note 10 marks) Dar-ul-Islam & Dar-ul-Harb

__________________
Thanx very much!
Regards!

Fahad F. A.