A number of Muslim authors have, while writing on Islamic jurisprudence, used different expressions; some have called it Muslim jurisprudence and some have called it Islamic jurisprudence, although the word Muslim and Islamic convey the same idea as the word Islamic does because both deal with Islam. The word Islam is a noun and its adjective is Islamic and Muslims are those who profess Islam: thus to call their jurisprudence Islamic, Muslim or Islamic is one and the same thing; we prefer to call it "Islamic Law and Jurisprudence". The reason is that since the jurisprudence pertains to concept of Islam, therefore it is Islamic. Hence, for all practical purposes, we have decided to name it "Islamic Jurisprudence". The definition of Islamic jurisprudence as indicated earlier is that it is the science of the fundamental principles of Islamic Law.

No difference between Muslim Jurisprudence and Islamic Law; same subject....

The Theory of Abrogation

Rules as to repealing texts

One text is said to be repealed by another when the two are said to be conflicting with each other. It means that the meaning of one tends to negate the meaning of the other, provided both relate to same subject matter; for example, when there are two Traditions both of Isolated nature and both of identical meaning. We have to decide which is more acceptable. In such a case the general rule os that the later in time prevails over the earliar.

The purpose and object of repeal
To begin with the raison detre of the repealed laws is that what may be good for the people of one age may not be good for the people of another age.

As regards its purpose it is ststed that since Islamic Law believes in convenience, the purpose is convenience to the community and the progressive implimentation of Islamic principles and to blend these theoris and principles suiting the circumstances of the time.

For question on repeal. Let us now take up the four possibilities in connection with the theory of reapeal. These are:

• The repeal of one Tradition by another.
• The repeal of one Quranic text by another.
• The repeal of a Tradition by a Quranic text.
• The repeal of a Quranic verse by a Traditionary text.

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Be shak, Main tery liye he jeeta hoon or tery liye he marta hoon.....!(Baba Fareed)
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both muslim personal law and islimic jurisprudence combined called islamic law or muhammaden law

there are some difference between muslim personal law and islimic jurisprudence

muslim personal law is the branch of islamic law in which we study among family matters such as
1- marriage
2- divorce
3- dower
4-khula
5-maintenance
6-will
7-inheritence
8-gift
9-guardian
9-waqf
10-mutawalli

in other hand islamic jurisprudence deals with
1- origin of islamic law
2- quran
3- hadith
4-qiyas
5- ijma
6- ijtihad
7- contract
8-ownership
9- hudd
10- tazir
11- administrative law
and many more topics
this law is the interpretation of all kinds of islamic law
its boundary is very vast comparison family laws


in other words muslim personal law related to family matters and remaining all other matters related with islamin jurisprudence

jurisprudence is the translation of all islamic laws

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The world suffers a lot, not because of the violence of bad people, but because of the silence of good people.

Hadith

According to Thomas Patrick Hughes:
"The word Hasith in its singular form, is now generally used by both Muhammadans and Christian writers for the collection of Traditions. They are record of what Muhammad (PBUH) did, enjoined and that which wase done in the presence of the Prophet (PBUH) and he did not forbid. They also include the authoritative sayings and doings of the companions of the Prophet (PBUH).

These Traditions constitute :
1. The sayings of the Prophet (PBUH) are called Sunna-tul-qoul.
2. All the actions and method of performance and conduct of daily life is called sunna-tul-fi'l.
3. An implied acceptance to certain things which came to the knowledge of the Prophet (PBUH) and he did not forbid or oppose them.

Acording to Asaf A. A. Fyzee:
"The second source of Islamic Law is the sunna, the practice of the Prophet (PBUH). The word Sunna was used in pre-Islamic times for an ancient and continuous usage, well established in community; later the term used for the practice of the Prophet (PBUH). The word Sunna must be distinguished from the term Hadith, for a promiscuous use of the two terms leads some times to confusion of thought. Hadith is the story of a particular occurrence; Sunna' the rule of law deduced from it' is the practice of the Prophet (PBUH), 'His model behaviour'. The two sources Quran and Sunna, are often called nass (binding ordinance) and represent direct and indirect revelation."

According to Sir Abdur Rahim:
"Hence precedents furnished by his practice are binding authority. They are part of the sunna of tradition, which comprehend such precedents as well as the precepts of the Prophet (PBUH).

The Holy Quran has reminded dozens of time the juridical importance of the Hadith.
According to verse No. 64 of Surah Al-Nisa:
We sent not a messenger,
But to be obeyed, in accordance
With the leave of Allah.
If they had only,
When they were unjust
To themselves,
Come unto thee
And asked Allah's forgiveness,
And the messenger had asked
Forgiveness for them,
They would have found
Allah indeed Oft-Returning,
Most Merciful.

It has been laid down in Surah Al-Nisa verse No. 80:
The Quran says:
"He who obeys
The Apostle, obeys Allah."
We have not sent thee
To watch over them.

The Holy Prophet (PBUH) is the best model for mankind:
"Verily in the messenger of
Allah ye have a good example for
Him who looked unto Allah and the
Last day, and remembered Allah much".

Complication of the Traditions
It is said that the holy Prophet (PBUH) did not ask the people to write down the precepts because the compilation simultaneously of the Quran and Traditions would create confusion. Hazrat Umar (RA) also was of this view. Individual efforts had already witnessed some compilations which are discussed bellow:

The narrations of Ibn e Abbas were complied in various collection.
Hummam bin Munabbih who was a disciple of Abu Hurarah (a famous Traditionist) had collected various traditions.
Basheer bin Nahyeek and Say'id bin Jiyar and many others had complied the traditions from various narrators.

Sahifah Sadiqah by Abdulla Bin Al-as and a Sahifah by Caliph Ali are also important early collections.

In the third period (during the Abbasia Caliphate) the need for scientific study of the Traditions was felt more and more. The following works are important:
Musnad of Imam Ahmad bin Hanble which contains 50000 traditions.
Mawattah of Imam Malik which contains 300 traditions.
During the third century of Hijra, the following six books were collected:

• Sahih Bukhari
• Sahih Muslim
• Sunan Ibn-e-Majah
• Sunan Abu Dawood
• Collection of Tirmzi
• Collection of Nisai

The collection by Imam Malik, the founder of the second orthodox sect of the Sunni, is the most ancient collection of traditions, and is held in high reputation but it is some times omitted from the list by the Hanafis, because he is the founder of a certain school of jurisprudence.

Caliph Umar bin Abdul Aziz in 99 A. H. also made important contributions in arranging compilation of traditions. Due to his efforts the following religious scholars mad considerable contributions in collecting tradions:

• Imam Sha'bi from Kufah
• Imam Zahri from Madinah and
• Imam Makhul from Syria

The Importance of Hadith

The Hadith is an important source of Islamic Law. In the words of Dr. Muhammad Hamidullah:
"The importance of the Hadith is increased for the Muslims by the fact that the prophet Muhammad (PBUH) not only taught, but also took the opportunity of putting his teachings into practice in all the important affairs of life. He lived for twenty three years after his appointment as the messenger of God. He endowed his community with a religion, which he scrupulously practiced himself. He founded a state, Which he administrated as supreme head, maintaining internal peace and order, heading arms for external defense, judging and deciding the litigation of his subjects, punishing the criminals, and legislating in all walks of life. He married and left a model of family life. Another important fact is that he did not declare himself above the ordinary law, which he imposed on others. His practice was, therefore not mere private conduct, but a detailed interpretation and application of his teachings."

Famous orientalist Norman Daniel has wrongly stated that the traditions of the holy Prophet (PBUH) are not authentic.
But Prof. R. A. Nicholson admits:
"Of miscellaneous traditions indeed to serve the faithful as a model and rule of life in every particular, and arranged in chapters according to the subject matter, the most ancient and authoritative collection are these of Bukhari (870 A.D.) and Muslim (874 A.D.), both of which bear the same title, viz, al-sahih, The Genuine'."

The holy Quran testifies the authenticity of the traditions by saying that the Muslims have to obey Allah (SWT) and Holy Prophet (PBUH)

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Be shak, Main tery liye he jeeta hoon or tery liye he marta hoon.....!(Baba Fareed)
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Ijma

Ijma is the third source of Islamic law after the Quran and Sunnah.

Definition:
Etymologically Ijma means to add. By Ijma is meant hte unanimity of opinion and procedure through which any principle of law is formulated by the unanimous opinion of all Muslims.

According to Sir Abdur Rahim:
Ijma defined as agreement of all jurists mong the followers of Muhammad (PBUH) in a particular age on a qustion of Law.

Ijma is consensus of jurists' opinion. According to Prof. N. J. Colson:
Ijma is the classical theory , is the agreement of qualified legal jurists in a particular time or a given generation and such cosensus of opinion deemed infallible.

According to Joseph Schacht:
Ijma is the consensus of Scholars.

According to M. Bernard:
Ijma is the most important basis of Islamic Law. Technically it is the unaniomous doctrine and opinion of the recognized religious authorities at any given time.

W. Montgomary Watt says:
The Quran and Sunnah recognize ijma as a source of Law.

Its authority by the Quraan and Sunnah:
The Quraan has made various references about the use of Ijma. According to verse No. 71 of Surah Younas:
"Get ye then an agreement about your plan and among your partners, so you plan".

In Surah Nisah, verse No. 59:
"O ye who believe! Obey Allah and obey the Apostle, and those charged with authority among you. If ye differ in anything among yourselves refer it to Allah and His Apostle."

It has been ordained in verse No. 159 of Surah Al-e-Imran:
"And consult them in affairs of (moment) then, When thou last taken a decision, put thy trus in Allah."

"The four Sunni Schools hold Ijma as a valid source. Some Shafe'i and Maliki Jurists not only recognised its validity matters of Law and religion but also in matters connected with the organization of Army, preparation of war and other questions of administration."

After the death of the holy Prophet (PBUH), the question of selecting Hazrat Abu Bakr (RA) as the first Caliph was solved by Ijma. Colection of The Quran was also done by Ijma.

According to G. Hourani, some Shias, Kharjis and Nazzams do not recognize Ijma as a ource of Law.


Kinds of Ijma
There are five kinds of Ijma:

• Regular Ijma:

In this kind, jurists express their opinion by words of deeds.

• Irregular Ijma:

In this case, a particular opinion is expressed and the other jurists do not contradict it within (say three days).

• Ijma-ul-Ummah:

The companions used to be unanimous in their opinion. It was the most superior kind of Ijma.

• Ijma-ul-Ulama:

It is the consensus of the learned people only.

• Ijma-e-Madinah:

This was Ijma by the learned people who used to reside in Madinah.

Qualities of a Mujtahid and requirements

• Only a Muslim Jurist may participate in Ijma Proceedings.
• The Mujtahid must be of sound mind.
• He must be a man of thorough judgment.
• He must have the capability of making logical deductions.
• A Mujtahid is one who has thorough knowledge of The Quran and Sunnah and Islamic Law and Jurisprudence.
• He must know about the rules and methods of analogical deductions.

Completion of Ijma
According to the accepted doctrine of four Sunni schools, there must be unanimous decision in the formal assymbly of jurists. According to the Hanafi, Shafe'i and even Maliki jurists if the number of dissension is not large, the view of the majority will be valid andtherefore binding. If the jufists agree after due delibrations, the Ijma is complete but according to some Hambli and Shafe'i jurists who regard it complete only after the death of the jurists and not before, provided that no one opposes or withdrawas from the Ijma. Maliki school only recognizes Ijma of the cimpanions or their successors who resided in Madinah. Accoding to Hanbli school the Ijma of the companions is valid only. Shafe'i and Hanafi schools recogniz Ijma even outside Madinah and of those who are jurists of the large age.

According to Abu Hurairah, If a Fatwahof a Mujtahid is published and is not opposed by his contemporaries, it is tantamount to valid Ijma. Ijma of one age may be reversed by a subsequent Ijma except the Ijma of the companions.

According to hanafi School, Ijma will be Binding if the following conditions are fulfilled:

• No companion shall have differd.
• No jurist shall have changed his mind later on.
• The decision must be proved as being either universally known or at least well-known.
• Ijma shall be based on an express text of the Quraan or a tradition of a continuous or well known character.
• It must be regularly constituted.

According to Dr. Allama Muhammad Iqbal:
In his book "Reconstruction of Religious Thought in Islam" he says, " The principleof Ijma should be applied and that the power of Ijtihad should reside not in one individual but in a body of learned Muslim scholars of advance views who may interpret the Law in the light of modern legal and social idea.

According to Asaf A. A. Fyzee:
"The third source of Law is Ijma, Consensus of opinion among the learned of the community. Although the Muslim legists give it the third place in descending order, modern criticd consider it to be the most important element in Islamic Law, and an examination of the corpus of the Fiqh reveals that a major portion of the law consists of the concurrent opinions of scholars on legal questions. We shall see later that Ijma, representing as it does the majority view among scholars, was allied to the pre-Islamic Sunnah, the prevalent usage, and thus became during the centuries to follow the most fruitful source of Law."

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Be shak, Main tery liye he jeeta hoon or tery liye he marta hoon.....!(Baba Fareed)
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Customs

Defition of Customs

In the words of Sir Abdur Rahim:
"Those customs and usage of the people of Arabia, which were not expressly repealed during the life time of the Prophet (PBUH) are held to have been sanctioned by the lawgiver by his silence. Customs is spoken of as being the arbter of analogy."

Custom is called Urf, taamul and adat.
It is an important source of Law. In Islamic Law of contract , a transaction by custom is legally operative e. g. a salam contract.

Accorording to Muhammad Taqqi Amini,
The Holy Quran and Sunnah acknowledged custom as a source of Law.

According to Holy Quran :
"Hold to forgiveness command what is right: But turn away from the ignorant."

The Holy Prophet(PBUH) said:
"You know better the wordly affairs".

Kinds of Customs

There are two kinds of Cusoms:

1. Urf-e-Khas
2. Urf-e-Aam

Urf Khas pertains to a customs prevalent in a particular area, trade or profssion.
Uruf AAm is that type of custom which is prevalent generally. It does not pertain to a particular area, trade of profession.

Requirements.
A custom is held valid if it fulfils the following requirments:

1. It must be generally prevalent in the country at large. Clause 42 of Majallah also confirms this principle. It must not be a mere local usage.
2. An occasional practice isnot valid. A custom must be continuous.
3. "A custom may not be ancient but must be in general practice.
4. A custom prevalent in a country cannot affect the law of another country.
5. A custom has a force of law so long as it prevails. Thus the custom of one age has no force in another age.
6. Custom must not be opposite to a clear text of the holy Quran and Sunnah.
7. Custom must be reasonable. It must not be repugnant to statutory law.

Dr. Muhammad Hamidullah says:

That what the Prophet (PBUH) tolerated among his companions redered it valid and lawful. The very toleration tantamounts to recognition of custom, no matter old or new, as a source of law.

The orientalists are of the view that the Muslim jurists adopted the customs of pre-Islamic Arabia and gave them the force of law. But this view is wrong. Riba (interest) was prevalent in pre-Islamic period but Islam rejected.

According to Sir Abdur Rahim:
Some customs adopted from the Hindus relating to succession and inheritance were declared as illegal being opposite to Islamic Law.

Joseph schacht rightly says:
"As a point of historical fact, custom contributed a great deal to the formation of Islamic Law."

According to prof. N. J. Coulsin:
"Within the framework of recognized usul, however, Uruf (literally "what is known") about a thing, and therefore, lossely "customs" operated as a principle of subsidiary value.

In so acting the courts were not according any intrinsic force to custom as such, but were accepting the external facts of that custom on the board ground of public necessity."

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Be shak, Main tery liye he jeeta hoon or tery liye he marta hoon.....!(Baba Fareed)
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Q1.What are essential ingredients of a valid gift differentiate between gifts and will?
Q2.What are the essentials of valid Muslim marriage, from what circumstances in the absence of direct proof, may marriage be presumed?
Q3.Why Islamic Law is inclined towards harsh punishments, explain your answer with regard to Hadd, Tazir and Qisas?
Q4.What are primary and secondary sources of Islamic Law?
Q5.What is dower? How it is fixed? What is prompt and deferred dower?
Q6.Is there any difference between divorce and dissolution of marriage? What grounds are available for dissolution of marriage / Muslim law?
Q7.What is Guardianship, differentiate between right of custody and right of guardianship and under what circumstances the mother is not entitled to the custody of her minor children?
Q8.Discuss traditional sources of revenue of an Islamic state?
Q9.What are the ingredients of a valid contract / Islamic Law?
Q10.What are the qualifications of a competent witness? Discuss the status of a woman as witness?
Q11.What is meant by acknowledgement of paternity, what are valid conditions of such acknowledgement?
Q12.Write a comprehensive note on Islamization of laws in Pakistan?
Optional
Q13.Discuss the following:
a. shura and sovereignty Islamic law?
b.Object and scope of DMMA 1939
c.Critical analysis of MFLO 1961
d.Can modern legislative be considered for consensus of opinion?
e.Influence of Roman law on Islamic law

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mujhe chorh de mere haal par tera kia bhrosa aye humsfar
teri mukhtasar si nawazishein mera dard aur barha na dein.

ma nay sab par lia ha bt kuch samj nai araha paper attempt kasay karna ha ??????????????

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mujhe chorh de mere haal par tera kia bhrosa aye humsfar
teri mukhtasar si nawazishein mera dard aur barha na dein.

Go to past papers nd see questions, try to understand the papers and style of questions, then try to find the answers of these questions, for past papers see this link...

http://www.cssforum.com.pk/css-optio...st-papers.html

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Be shak, Main tery liye he jeeta hoon or tery liye he marta hoon.....!(Baba Fareed)
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wo dekh k hi to tension ho rai ha jo ma nay para ha wo paper ma to ha nai.... mujay kuch samj nai arai so much tensed

__________________
mujhe chorh de mere haal par tera kia bhrosa aye humsfar
teri mukhtasar si nawazishein mera dard aur barha na dein.