Let solve Muslim law and jurisprudence past paper-2012

Muslim Law & Jurisprudence past paper-2012

Q.2. Define the doctrine of naskh (repeal).do you agree that naskh has been done in Shariah texts?if so then what is justification for it?

Q.3. Is khula an absolute right of woman or it is subject to some conditions?how can she use this right and what are legel effects of khula?

Q.4. what is the difference between istehsan and maslahah mursalah?how they can be used to deduct laws in new problems which are not covered by the QURAN,the sunnah or ijma?

Q.5. it is said Imam abu hanifa was strongly opposed to waqf.then it was recognized and institutionalized.why?discuss it.how waqf can be used in better way?give your suggestions.

Q.6. many muslims scholars has criticized some sections of the muslim family laws ordinance 1961 that they are not in accordance with the injuctions of shariah.give your opinion and decorate it with arguments.

Q.7. define legal capacity(al-ahliyyah).discuss the legal capacity of minor (sabi).

Q.8. write notes on the following topics:

(a) mujtahid fi al-shar (b) proper dower

(c) plain and allusive words (d) dhawi al-furud

would anybody provide me the outline of this questions "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".
please help me to describe what are the traditional Islamic law and Pakistani Law of marraige rescinding?

(i) Subject of gift must belong to doner.
(ii) Subject of gift must be in existence.

Would anybody tell me what the meaning of "subject of gift" in the two sentences.

subject matlab woh cheez,the thing you will give in gift.

the thing must belong to you when you gift it.not like kisi ka mobile dekha and you say kay ap ko gift kiya.it should be yours.

it must be present when you gift it.not like jab meray pas car aye gee tu gift kiya tumhe.it should be there when you gift it.

hopefully you are getting the meaning now.

this covers the entire topic of "dissolution of marriage"
including
talaq
khula
option of puberty
lian etc.

dear sadafnoorelahi
what do you know about this question
"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"

Answer:
(1). Full brother share:
Full brother share exists when there is no descendants of the diseased person( male or female) and Parents exit.
case 1: Full brother is one (no sisters or brothers)
then his share shall be =1
case 2: if Full Brother and Sister exist
then full brother and Full Sister: 1:2

(2). Daughter share:
Daughter can inherit from the parents
case:1 if she is only one (no brother or sisters)
then her share is =1/2
case 2: if there are more than 2 daughters and no Son
daughters= 2/3
Daughter's son's and daughter's daughters can not inherent from the her mother's parents.

so according to the rule:
A Muslim dies leaving a daughter’s son and a full brother
Full brother shall share will be =1
no share shall be daughter's son.

if i am wrong please correct me.

Q: 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.

Ans:
share for widow =1/8
share for daughter= 1/3
share for agnatic daughter(son's daughter)= 1/3
remain part of estate will be of father=1/6+ 1/24=5/24

total is 1/8+1/3+1/3+5/24=(3+8+8+5)= 24/24

rule for widow :
(i)if no descendent exist then share will be= 1/4
(ii) if descendents exist then share will be= 1/8
As the in the question descendants exist (daughter and agnatic daughter: son's daughter)
therefore share will be =1/8

Rule for father:
if descendants exist then share will be =1/6
(i)if no male descendant exists then share will be= 1/6 plus residue
residue= remainder after legal shares
(ii)if no entitled exist then share will be= residue

As no male descendant exist in the question therefore the father share will be 1/6 plus the residue
in this case will be = remainder after the share of son's daughter+share of widow + share of agnatic daughter and his share i.e 1-(1/8+1/3+1/3+1/6)=1-(3+8+8+4)/24=1-23/24 =1/24


Rule for daughter and agnatic daughter:
(i)if only one daughter exists (no male descendants) then share will be= 1/2
(ii)if more than one daughter exists (no male descendant) then share will be= 2/3
if daughter and son exists then son and daughter share will be= 2/3 and 1/3 respectively
As in the above question no son exists but son's daughter exist - son's daughter will share the same share as that of his father's sister so the share of daughter and son's daughter will be 1/3 and 1/3 respectively

Q: 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.

According to Muslim family ordinance 1996 sec:4 the children of the son and daughter have the right to inherit the equivalent to the share son and daughter of the diseased if son and daughter are died.

These law seems to be in against of the commands of Quran. But according to the Quran only son's son and son's daughter have the right of inheritance; daughter's sons and daughter's daughters do not have the right to inherit. According to the Quran son's daughter inherit same as that of his father's sister. But According to the M.F.L.O 1996 section 4 son's daughter share equivalent to the share of her father.According to the Quran if son or son's son , daughter and parents do not exit the the entitled of the inheritance will be the FULL Brothers and Full Sisters of the deceased. but here the with no existence of the parents ,sons,daughters, and son's son , the entitled are the daughter's son and daughter's daughters. This law presses the right of Full sister and Full brothers.



please guide me if i am wrong.