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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)

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)

WAQF
  • Discuss the objects for the creation of wakf. Can a wakf may be created in favour of donor’s family? (2000)

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)

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)

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)

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)

PUNISHMENT
  • Why the Islamic Law is inclined towards strict punishments? Explain your answer with special reference to Hadd, Tazir and Qisas. (2006)
  • Hadd (2008)
  • Tazir (2008)
  • Crime (2008)
  • Torts (2008)

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.

INHERITANCE & ESTATE LAW
  • Spes Successions (2007)
  • Escheat (2007)
  • Mushaa(2007)
  • 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)

MISCELLANEOUS
  • Lia'an (2007)
  • Talabs (2007)
  • 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)
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