My Strategy To Prepare Muslim Law and Jurisprudence

[zainab Durrani]

My Strategy To Prepare Muslim Law and Jurisprudence

Day 1:11 August 2011
a)What is Jurisprudence?
b) Sources:1.Quran 2.Hadith

Day 2: 12 August 2011
Sources:
3 .Ijma
• What is ijtehad? What are the qualifications of a Mujtahid? Compare Ijtihad with istehsan. (2009)

4.Qayas
• Qazi & his qualification


Day 3: 13August 2011
Four Schools of Thought
"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)



Day 4: 14 August 2011
Marriage
Questions from Past Papers:
• 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.

• 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.

• What do you understand by bigamous marriage? Explain it under classical Islamic law vis-a-vis Pakistani Law.


Day 5: 15 August 2011
Dissolution of Marriage
Questions from Past Papers:
• 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.


Day 6: 16 August 2011
Gift
Questions from Past Papers:
• 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)


Day 7: 17 August 2011
Dower
Questions from Past Papers:
• 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)



Day 8: 18 August 2011
Guardianship & Custody
Questions from Past Papers:
• 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)
• Q 6. Who has got the prior right of custody of a minor in case of dispute of between father and mother?(2010)


Day 9: 19 August 2011
Punishment
Questions from Past Papers:
• 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)


Day 10: 20 August 2011
Inheritence & Estate Law
Questions from Past Papers:
• 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)
• "No bequest in favour of a legal heir." Discuss this statement according to the various schools of Islamic Jurisprudence.

Day 11:21 August 2011
a)Waqf
Questions from Past Papers:
Discuss the objects for the creation of wakf. Can a wakf may be created in favour of donor’s family? (2000)

b) Muslim Family Law Ordinance
Questions from Past Papers:
• 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)


Day 12: 22 August 2011
Islamic Law
Questions from Past Papers:
• 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)
• 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)

Day 13: 23 August 2011
Miscellaneous Topics

Day 14 & 15: 24, 25 August 2011
Left over

[zainab Durrani]

Those who want to join are [COLOR="Purple"]welcome[/COLOR:]

[Islaw Khan]

Originally Posted by zainab Durrani

My Strategy To Prepare Muslim Law and Jurisprudence

Day 1:11 August 2011
a)What is Jurisprudence?
b) Sources:1.Quran 2.Hadith

Day 2: 12 August 2011
Sources:
3 .Ijma
• What is ijtehad? What are the qualifications of a Mujtahid? Compare Ijtihad with istehsan. (2009)

4.Qayas
• Qazi & his qualification


Day 3: 13August 2011
Four Schools of Thought
"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)



Day 4: 14 August 2011
Marriage
Questions from Past Papers:
• 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.

• 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.

• What do you understand by bigamous marriage? Explain it under classical Islamic law vis-a-vis Pakistani Law.


Day 5: 15 August 2011
Dissolution of Marriage
Questions from Past Papers:
• 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.


Day 6: 16 August 2011
Gift
Questions from Past Papers:
• 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)


Day 7: 17 August 2011
Dower
Questions from Past Papers:
• 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)



Day 8: 18 August 2011
Guardianship & Custody
Questions from Past Papers:
• 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)
• Q 6. Who has got the prior right of custody of a minor in case of dispute of between father and mother?(2010)


Day 9: 19 August 2011
Punishment
Questions from Past Papers:
• 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)


Day 10: 20 August 2011
Inheritence & Estate Law
Questions from Past Papers:
• 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)
• "No bequest in favour of a legal heir." Discuss this statement according to the various schools of Islamic Jurisprudence.

Day 11:21 August 2011
a)Waqf
Questions from Past Papers:
Discuss the objects for the creation of wakf. Can a wakf may be created in favour of donor’s family? (2000)

b) Muslim Family Law Ordinance
Questions from Past Papers:
• 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)


Day 12: 22 August 2011
Islamic Law
Questions from Past Papers:
• 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)
• 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)

Day 13: 23 August 2011
Miscellaneous Topics

Day 14 & 15: 24, 25 August 2011
Left over

A big Time for so many easy things, infact one can do all the sources, marriage dower and divorce etc gift waqf and will etc in a day ot two.
2ndly u have missed some imp topics like Acts rights and obligations, Law of evidence, Qazi, ownership and possesion torts and crimes etc,
I ll advise u to do all the sources in one sitting, then will gift waqf, in the next then marriage dower and divorce, DMMA in the next, rest of the topics can easily be done in an hour setting per topic. the only difficult part in Muslim law for me is Inheritence which requires a bit hard work, I myself leave it in option.

[zainab Durrani]

Originally Posted by islah_G

A big Time for so many easy things, infact one can do all the sources, marriage dower and divorce etc gift waqf and will etc in a day ot two.
2ndly u have missed some imp topics like Acts rights and obligations, Law of evidence, Qazi, ownership and possesion torts and crimes etc,
I ll advise u to do all the sources in one sitting, then will gift waqf, in the next then marriage dower and divorce, DMMA in the next, rest of the topics can easily be done in an hour setting per topic. the only difficult part in Muslim law for me is Inheritence which requires a bit hard work, I myself leave it in option.

Thank you for guiding me.
I shall be consulting D.F.Mulla, Sir Abdur rahim & Asif Fayzee. Will these work or should I consult some other books as well??

[Islaw Khan]

Originally Posted by zainab Durrani

Thank you for guiding me.
I shall be consulting D.F.Mulla, Sir Abdur rahim & Asif Fayzee. Will these work or should I consult some other books as well??

Usul ul Fiqah by Imran Ahsan kHan Niazi will be of great help also, DF mulah and Sir abdur Rahim are fine.

[zainab Durrani]

Originally Posted by islah_G

Usul ul Fiqah by Imran Ahsan kHan Niazi will be of great help also, DF mulah and Sir abdur Rahim are fine.

Right means now 4 books.
ok one more question related to attempting the paper..as I'm not a law student so dont have ay idea about it...Law ka paper attempt krtay hoy sub sy ziada important cheez kiya hotey hy...like urdu k paper mein one is supposed to add ashaar, so what is tht in Muslim Law which helps in getting good marks.

[Islaw Khan]

Originally Posted by zainab Durrani

Right means now 4 books.
ok one more question related to attempting the paper..as I'm not a law student so dont have ay idea about it...Law ka paper attempt krtay hoy sub sy ziada important cheez kiya hotey hy...like urdu k paper mein one is supposed to add ashaar, so what is tht in Muslim Law which helps in getting good marks.

Most Importantly law Terminology, also in muslim law citing `example in source of law from the practice of Holy Prophet and Caliphs, In some question where necessary add ayat and Hadith.

[azmatullah]

saw your program of work today, but I shall start from today, insha Allah.

[zainab Durrani]

@ Islah g
Aoa!
I hope you ll be doing well
I have a question regarding Muslim Law.
I am consulting Fayzee and Mulla's books.Fazee's book is quite easy to grasp but as far as Mulla's book is concerned there are many references of various cases e.g Dost Muhammad v Chainrai(1940), are we supposed to mention these while attempting the paper??
Regards

[ALI SB]

dear ,

why dont u consult Nishi Prohit's muhammadan Law???

here is important questions...

Will/gift/waqaf: 1 question atleast
marriage/talaq/dower/maintenance/legitimacy: 1 question atleast

DMMA/MFLO/pakistani law +Islamaization: 1 question atleast
Sources: 1 question atleast

why to prepare other dear???

blv me its the same plan i followed ...

not bad atleast