Dear Stunner, kindly post short notes of Muslim Law and notes on MFLO.
Thnaks

hi Xepan can u post English Jurisprudence notes here?
thanks

Thanks for such a master piece sharing

I shall be thankful if u email me the complete notes

__________________
“Wise men speak because they have something to say; Fools because they have to say something.” (Plato)

stunner bro.. kindly tell me abt the best books of muslim paper??

thanxxx... waiting...

I'm sorry I do not have these notes in email ..

No bro these are not enough .. Yo have to read books by Mullah or Fyzee for complete preparation ..

These are the only notes that I had ..

Mullah and Fyzee ..

Regards ..

__________________
You Have To Keep Breaking Your Heart Until It Opens .. !! Rumi ..

your notes are very good.. are these are enough, i mean if question on marriage is given we can write all his material or any other material is needed for?
plz tell me iam confused about ending of any question in muslim law .. i have just started reading book of D F mullah , there is alot of material .. iam trying to make my notes separately on every topic.. but iam confused , how and at where point i can stop any question.. or suggest me headings.. please

Although Muslim Law has not been my optional subject for CSS but I have studied it during my Law degree .. The questions you asked are general .. First of all, these notes are good but not enough .. If you are studying Mullah alongside then its enough .. True that Mullah is detailed, but you would need to study the relevant portions and make your notes to the point ..

Your last query is very important .. Please do not prepare and answer questions while making your notes, this way you'll be trapped in exam if a questions is asked differently .. Study topics instead .. For example while doing topic of Marriage you may start with Islamic concept of marriage, then different definitions of Marriage as given by different Jurists, Stance of different schools of Islam .. Then comes the topic of issues in marriage, like consent, capacity, void or irregular marriages and all other issues .. You'd need to cover all issues in detail as the question in paper may ask one particular aspect like Capacity or it might be a general question on all of the issues arising in Marriage ..

Regarding 'how and where to stop the question, it depends entirely upon the question asked .. One simple formula is to asnwer the question that it set .. It means that if the question for example is set basically upon consent and capacity, then you may give basic definition of Marriage at first and then define consent and capacity, but your main body of answer and arguments should only focus on consent and capacity related issues .. In this way you can narrate all related & relevant issues and would conclude your answer in light of the asked question .. You have to go with open mind during exam and try to answer only relevantly .. Conclude your answer according to the asked question and not according to what you have prepared .. Best of luck

Regards ..

__________________
You Have To Keep Breaking Your Heart Until It Opens .. !! Rumi ..

i need some explanatin regarding the following listed subsidiary sources of law
Taqleed
Istidlal
Fatwa
Urf
Istihsan
Istishab
Maslaha
Muraslah
And Istishlah
i am all so confused in their concept
i hope i get my veiws cleared by a positive response from your side

__________________
love doesn't consist in gazing at each other but in looking outward together in the same direction

IJMA (Agreement Of Islamic Jurists):

Ijma is an important source of Islamic Law. It is the agreement of the Jurists among the followers of Muhammad (PBUH) in a Particular age on a particular question.

Basis Of Ijma:

a) Quran

b) Sunnah

c) Analogy

Kinds Of Ijma:

a) Express

b) Qawli

c) Tacit

d) Sakuti

Importance Of Ijma:

Ijma as a source of Islamic Law has a great importance. It helps in interpretation of laws according to the changing needs of times and new legislation can be made through consensus of opinion.

QIYAS:
Qiyas is an extension of law from the original text to which the process is applied to a particular case by means of common" ILLAT" or effective cause, which cannot be ascertained merely by interpretation of the language of the text.

Kinds of Qiyas:

a) Qiyas Jali

b) Qiyas khafi

Importance Of Qiyas:

The function of Qiyas is to extend the law of the text to cases not falling within the perview of its terms and not to establish a new rule of Law.


MUSLALAH MURSALA:
Muslalah Mursala means when nothing becomes clear in law after giving reasons then the course which is o be adopted acording to Islamic spirit for instance.

IJTEHAAD:
Ijtehaad is one of the source of Islamic law. If a matter is not rsolved expressly in Quran and Sunnah and by the way of Ijman the jurist must not leave the matter unresolved rather he should strive hard to find out the solution under the light of Quran and Sunnah.

MUNICIPAL LAWS:
Municipal laws of a state also source of Islamic Lawprovided that these are not contrary to Islamic Concepts. It Includes:

1) Customs

2) Judicial Precedents

3) Legislation

4) Equity

ISTEHSAN :
Istehsan means preference of one over another considering the former good. When a rule of law deduced by analog is either in conflict with Ijma or is likely to causes inconvenience to its narrowness.

The Hanfis jurists refuse to follow it and give preference to rule, which in his opinion would better advance the welfare of man and the interest of justice.

Kinds Of Istehsan:

a) Istihsan-e-Qiyasi

b) Istihsan-e-Zarurat

c) Istihsan-e-Ijma


Islamic legal system is not a rigid one rather it is much flexible to be adopted according to the changing circumstances and needs of the Society.

The principle of Istehsan provides an opportunity to Muslim Jurists to interpret the law according to the spirit of and true intention of Islam.

ISTIDLAL :
Istidlal means inferring from, a thing. It is the name for a distinct method of juristic ratiocination, not falling within the scope of interpretation or Analogy.

Kinds:

a) Expression

b) Isthab-ul-hal

c) Authority Of Previous Revealed Law.

Istidlal as secondary source of law has importance in law making.

TAQLID:
Taqlid negates the concept of Ijtihad. Taqlid means to follow the opinion of past jurists. It is the discussion on the historical development of Islamic Jurisprudence.

__________________
"I think, therefore I am ! ;) "

what about presumption of marraige...is it important.....
from where we should prepare objective for muslim law

__________________
Main ne Allah ko Apny irado ke tootany se pehchana":Hazrat Ali (RA)"