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Old Monday, March 15, 2010
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Post Muslim Law and Jurisprudence Paper 2010

Q 1. Objective Part
1. Sale of goods for goods is:

(a) Muraba (b) Muqayada (c) Musawama (d) None of these

2. The four schools of thought were founded during the reign of:

(a) Abbasids (b) Mughals (c) Fatimids (d) None of these

3. Book by Imam Bukhari contains about ______ authentic traditions:

(a) 7000 (b) 9700 (c) 12500 (d) None of these

4. Status of a Mufti used to be that of a:

(a) Draftsman (b) Legislator (c) Law Officer (d) None of these

5. Analogy is rule of ______:

(a) Deduction (b) Interpretation (c) Translation (d) None of these

6. Atonement for the non-discharge of an obligation is ______:

(a) Khiraj (b) Kafara (c) Ta’azir (d) None of these

7. Revelation is the ______ source of Islmaic law:

(a) Only (b) Secondary (c) Primary (d) None of these

8. There are ______ Sunni Schools of law:

(a) 3 (b) 5 (c) 7 (d) None of these

9. A woman is disqualified for the office of a Qadi according to ______ :

(a) Shafi’s (b) Hanafis (c) Malikis (d) None of these

10. The application of Muhammadan Law to non-muslims is entirely
______ :

(a) Personal (b) Customary (c) Arbitrary (d) None of these

11. Shariat Application Act 1962 deals with ______ :

(a) Customary Law (b) Legislative Law (c) Personal Law (d) None of these

12. Each heir is liable to the debts of a deceased ______ :

(a) Exclusively (b) Severally (c) Not beyond 1/3 (d) None of these

13. Which of these properties is not heritable:

(a) Movable (b) Ancestral (c) Self acquired (d) None of these

14. Deceased survived by son’s son and a daughter. Daughter will get
______ :

(a) 1/2 (b) 1/3 (c) 1/4 (d) None of these

15. A minor of sound mind is capable of disposing of his property by will to
the extent of:

(a) 1/3 (b) Full (c) 3/4 (d) None of these

16. A gift of unborn person is ______ :

(a) Valid (b) Void (c) Voidable (d) None of these

17. Talab-e-Mowasbat is made ______ :

(a) Before sale (b) Before court (c) Before decree (d) None of these

18. A marriage with a woman before completion of her Iddat is ______ :

(a) Irregular (b) Void (c) Voidable (d) None of these

19. Legitimacy may be presumed from ______ :

(a) Presumptive marriage (b) Custom (c) School certificate (d) None of

these

20. Failing the mother, the custody of a boy under the age of seven years

belongs to:

(a) Father (b) Paternal uncle (c) Brother’s wife (d) None of these


Subjective Part

Q 2. Can a modern legislation be used for consensus of opinion? Elaborate
your answer with reasons.

Q 3.
What is the meaning of Islamic Jurisprudence? Compare it with that
of Western or Secular Jurisprudence.

Q 4.
Discuss “Shura and Sovreignty” under Islamic Constitution.

Q 5.
What are distinguishing features of gift from will?

Q 6.
Who has got the prior right of custody of a minor in case of dispute of between father and mother?

Q 7.
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.

Q 8.
Write short notes on:

(a) Istihsan

(b) Analogy

(c) Lian

(d) Escheat
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Old Monday, March 15, 2010
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1)Murabha
2)Abbasids
3)12500
4)Legislator
5)Deduction
6)Ta'azir
7)Primary
8)None of these
9)Hanafis
10)Arbitrary
11)Personal Law
12)Not beyonf 1/3 rd
13)Self acquired
14)1/3
15)full
16)void
17)before decree
18)Irregular
19)presumptive marriage
20)Father

Plz correct the mistakes i have alot in the mcqs part...
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Old Tuesday, March 16, 2010
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1. Sale of goods for goods is:

(a) Muraba (b) Muqayada (c) Musawama (d) None of these

2. The four schools of thought were founded during the reign of:

(a) Abbasids (b) Mughals (c) Fatimids (d) None of these

3. Book by Imam Bukhari contains about ______ authentic traditions:

(a) 7000 (b) 9700 (c) 12500 (d) None of these

4. Status of a Mufti used to be that of a:

(a) Draftsman (b) Legislator (c) Law Officer (d) None of these

5. Analogy is rule of ______:

(a) Deduction (b) Interpretation (c) Translation (d) None of these

6. Atonement for the non-discharge of an obligation is ______:

(a) Khiraj (b) Kafara (c) Ta’azir (d) None of these

7. Revelation is the ______ source of Islmaic law:

(a) Only (b) Secondary (c) Primary (d) None of these

8. There are ______ Sunni Schools of law:

(a) 3 (b) 5 (c) 7 (d) None of these

9. A woman is disqualified for the office of a Qadi according to ______ :

(a) Shafi’s (b) Hanafis (c) Malikis (d) None of these

10. The application of Muhammadan Law to non-muslims is entirely
______ :

(a) Personal (b) Customary (c) Arbitrary (d) None of these

11. Shariat Application Act 1962 deals with ______ :

(a) Customary Law (b) Legislative Law (c) Personal Law (d) None of these

12. Each heir is liable to the debts of a deceased ______ :

(a) Exclusively (b) Severally (c) Not beyond 1/3 (d) None of these

13. Which of these properties is not heritable:

(a) Movable (b) Ancestral (c) Self acquired (d) None of these

14. Deceased survived by son’s son and a daughter. Daughter will get
______ :

(a) 1/2 (b) 1/3 (c) 1/4 (d) None of these

15. A minor of sound mind is capable of disposing of his property by will to
the extent of:

(a) 1/3 (b) Full (c) 3/4 (d) None of these

16. A gift of unborn person is ______ :

(a) Valid (b) Void (c) Voidable (d) None of these

17. Talab-e-Mowasbat is made ______ :

(a) Before sale (b) Before court (c) Before decree (d) None of these

18. A marriage with a woman before completion of her Iddat is ______ :

(a) Irregular (b) Void (c) Voidable (d) None of these

19. Legitimacy may be presumed from ______ :

(a) Presumptive marriage (b) Custom (c) School certificate (d) None of

these

20. Failing the mother, the custody of a boy under the age of seven years

belongs to:

(a) Father (b) Paternal uncle (c) Brother’s wife (d) None of these
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Old Wednesday, March 17, 2010
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1. Sale of goods for goods is:
(a) Muraba (b) Muqayada (c) Musawama (d) None of these
I chose Musawama. I did not know the correct answer, so just a tukkkaa.

2. The four schools of thought were founded during the reign of:
(a) Abbasids (b) Mughals (c) Fatimids (d) None of these
I chose Abbasids. Because: you see all these imams had constant relationships with the Abbasid government. The caliphs severely tortured Imam Malik, as the Maulvi preacher in the mosque i go to for friday prayers was lecturing last friday. Imam Abu Hanifa's school was called the Kufa school. The caliph government offered to make the entire book of Imam Bukhari as the law but Bukhari did not allow it. So i think the coorrect answer is Abbasids.

3. Book by Imam Bukhari contains about ______ authentic traditions:
(a) 7000 (b) 9700 (c) 12500 (d) None of these
I chose [a] 7000. Because: the O-Levels book of Farkhanda Noor Muhammad says that Imam bukhari toook sisteen years to compile his work, and collected around 6 lac hadiths and his work contains 7397 Ahadith.

4. Status of a Mufti used to be that of a:
(a) Draftsman (b) Legislator (c) Law Officer (d) None of these
I think the correct answer is law officer. Because: a legislator is a part of the government. According the the textbooks (Abdur Rahim) a Mujtahid is supposed to be at least a lawyer plus more.

5. Analogy is rule of ______:
(a) Deduction (b) Interpretation (c) Translation (d) None of these
I think the correct answer is deduction, because Qiyas, the fourth source of Islamic law means Analogical deduction. I am almost sure everybody must have gotten right this one.

6. Atonement for the non-discharge of an obligation is ______:
(a) Khiraj (b) Kafara (c) Ta’azir (d) None of these
Khiraj is a kind of tax if you read indo-pak history. my mother often says that if you disrespect the Quran you will have to pay "Kufara" in order to make God forgive you. I forgot what taazir means.

7. Revelation is the ______ source of Islmaic law:
(a) Only (b) Secondary (c) Primary (d) None of these
Most Primary!

8. There are ______ Sunni Schools of law:
(a) 3 (b) 5 (c) 7 (d) None of theseThe correct answer is i think four: Hanafi, Maliki, Shafei, Hanbali.

9. A woman is disqualified for the office of a Qadi according to ______ :
(a) Shafi’s (b) Hanafis (c) Malikis (d) None of these
It must be malikis, because they are followed in Saudi Arabia. In Saudi Arabia, women undergo all sorts of restrictions and oppressions, they cannot drive, they cannot do jobs, they cannot do this and that! Malikis are very strict.

10. The application of Muhammadan Law to non-muslims is entirely
______ :

(a) Personal (b) Customary (c) Arbitrary (d) None of these

11. Shariat Application Act 1962 deals with ______ :

(a) Customary Law (b) Legislative Law (c) Personal Law (d) None of these. Tukkkaaa!

12. Each heir is liable to the debts of a deceased ______ :

(a) Exclusively (b) Severally (c) Not beyond 1/3 (d) None of these

13. Which of these properties is not heritable:

(a) Movable (b) Ancestral (c) Self acquired (d) None of these
All kinds of properties are heritable, be they movable, immovable, self acquired, ancestral.

14. Deceased survived by son’s son and a daughter. Daughter will get
______ :

(a) 1/2 (b) 1/3 (c) 1/4 (d) None of these
I think i have done this one wrong! The correct is probably c.

15. A minor of sound mind is capable of disposing of his property by will to
the extent of:

(a) 1/3 (b) Full (c) 3/4 (d) None of these
A minor i think cannot do any gift or will.

16. A gift of unborn person is ______ :

(a) Valid (b) Void (c) Voidable (d) None of these
A gift made to unborn person is void. A gift cannot be made by an unborn person because he is not even a minor ! A person who can give a gift must be an adult.

17. Talab-e-Mowasbat is made ______ :

(a) Before sale (b) Before court (c) Before decree (d) None of these
tukkkkaaa
18. A marriage with a woman before completion of her Iddat is ______ :
(a) Irregular (b) Void (c) Voidable (d) None of these
It is neither void (because it can be made valid after completion of iddat) nor sahih(valid)

19. Legitimacy may be presumed from ______ :

(a) Presumptive marriage (b) Custom (c) School certificate (d) None of these

20. Failing the mother, the custody of a boy under the age of seven years belongs to:
(a) Father (b) Paternal uncle (c) Brother’s wife (d) None of these
I think that it is common sense that if Father is available while mother has died or mother has lost her sound moral mind, then obviously the right to custody belongs to father. Why would court give the custody to any other relative if father is available?
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Last edited by Princess Royal; Wednesday, March 17, 2010 at 09:18 PM.
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Old Tuesday, March 30, 2010
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1. Sale of goods for goods is:

(a) Muraba (b) Muqayada (c) Musawama (d) None of these
This kind of sale was observed in Qureish before the advent of Islam. The answer is confirmed according to the book Mulla's Muhammadan Jurisprudence, So all should note it please. Usually Most of the MCQs are from Muhammadan Jurisprudence and some are from Muhammadan Law, therefore everyone must read the book of Jurisprudence as well.
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Default has anyone atttempted shura and soverignty under islamic constitution

what is shura and soverignty under islamic constitutions?
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Default Shura, Soveriegnty

Shura: it means the Govt. with the consencus of people. Islam stress on the Govt. in the goo will of people. People means all community, even thou they are non muslims.

Soveriegnty: Soveriegnty belongs to Allah. in the islamic system of governance the Soveriegnty is for Allah,
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