Muslim Law & Jurisdprudence

[Mian Zaheer Abbas]

MUSLIM LAW & JURISPRUDENCE 2011



FEDERAL PUBLIC SERVICE COMMISSION

COMPETITIVE EXAMINATION FOR
RECRUITMENT TO POSTS .IN BS-17
UNDER THE FEDERAL GOVERNMENT, 2011

MUSLIM LAW & JURISPRUDENCE

TIME ALLOWED: THREE HOURS (PART-I MCQs) 30 MINUTES MAXIMUM MARKS: 2C

(PART-II) 2 HOURS & 30 MINUTES MAXIMUM MARKS: 8C
NOTE: (i) First attempt PART-I (MCQs) on separate Answer Sheet which shall be taken back after 30 minutes. (ii) Overwriting/cutting of the options/answers will not be given credit.

(PART-I MCOs) (COMPULSORY)

Q.I. Select the best option/answer and fill in the appropriate box on the Answer Sheet. (1x20=20)

(i)Who established a prison-house for malefactors?
(a) Hazrat Umar (R.A.) (b) Hazrat Abu Dakar (R A.) (c) Hazrat Usman (R.A.) (d) None of these

(ii)Who wrote the first book on science of law or usul:
(a) AbuHanifa (b) Imam Malik (c) Imam Shafi'i (d) None of these


(iii)Sale of dates on a tree in consideration for plucked dates is:
(a) Mulamassa (b) Munabadha (c) Muzabana (d) None of these

(iv) A woman may be a Qadi according to:
(a) Malikis (b) Hanafis (c) Hamblis (d) None of these

(v) Plurality of wives is called:
(a) Bigamy (b) Polygamy (c) Polyandry (d) None of these


vi)The Muslim Family Laws Ordinance was enacted in:
(a) 1960 (b) 1959 (c) 1961 (d) None of these


(vii)The Dissolution of Muslim Marriages Act was enacted in:
(a) 1949 (b) 1939 (c) 1959 (d) None of these

(viii)Who was appointed as first Qadi by Hazrat Abu Bakar (R.A.)?
(a) Hazrat All (R A.) (b) Hazrat Usman (R.A.) (c) Hazrat Umar (R.A.) (d) None of these


(ix)Who is the author of 'Taudeh':
(a) Taftazani (b) SadruShariat (c) Ahmed Ibne-Qasim (d) None of these
(x)A void bequest is:
(a) Contingent bequest (b) Bequest made to the child in womb born within six months None of these (c) Alternative bequest (d) None of these
(xi)Maa' si' at deals with:
(a) Torts (b) Crime (c) Sale (d) None of these


(xii) Under Islamic Law a child is legitimate if born after the dissolution of marriage and wife remaining unmarried:
(a) Within one year of the termination of marriage (b) Within 280 days of the termination of marriage
(c) Within six months of the termination of marriage (d) None of these

(xiii) The limit of testamentary power by Muslim is:
(a) 1/8 (b) 1/3 (c) 1/5 (d) None of these

(xiv) A divorce by ILa means:
(a) False accusation of adultery by husband (b) Apostasy from Islam by husband
(c) An agreement between husband and wife to dissolve marriage. (d) None of these

(xv) At the time when Islamic Law came into force the kinds of marriages were in vogue:
(a) 5 (b) 3 (c) 4 (d) None of these

(xvi) Sadqa once completed by delivery is:
(a) Revocable (b) Not revocable (c) Revocable subject to condition (d) None of these (xvii) Ijtihad means:

(a) Consensus of opinion (b) A gathering of Mujtahids (c) Law-making (d) None of these (xviii Abu Yusuf, Muhammad and Zufar were the pupils of:
(a) Imam Abu Hanifa (b) ImamShafi'i (c) Imam Malik (d) None of these

(xix) A collection of traditions known as 'Musnadu'l Imam HambaT consists of traditions:
(a) 30,000 (b) 40,000 (c) 50,000 (d) None of these

(xx) The provision regarding polygamy under the Muslim Family Laws Ordinance is contained in Section:
(a) 4 (b) 7 (c) 6 (d) None of these

PART-II
NOTEi) PART-II is to foattempted on separate Answer
(ii) Attempt ONLY FOUR questions from PART-II. All questions carry EQUAL marks. _ (iii) Extra attempt of any question or any part of the attempted question will not be considered,
Q.2. It was during the reign of the Abbasides that the four schools of law were founded. Write a comprehensive (20) note on the Hanafi school of thought with regard to the development of Islamic Jurisprudence.
Q .3. 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.
QC4. What do you understand by bigamous marriage? Explain it under classical Islamic law vis-a-vis Pakistani Law.
Q.5. "No bequest in favour of a legal heir." Discuss this statement according to the various schools of Islamic Jurisprudence.
• Q.6. When and in what circumstances can a woman seek dissolution of her marriage? Discuss under the / Dissolution of Muslim Marriages Act, 1939.
Q ^. The parliament in Pakistan can not be used for consensus of opinion. Do you agree? If not then give reasons.
Q.8. Write note on each of the following: (5 x 4 = 20 )
(i) Iddat (ii) Death illness (iii) Khula (iv) Option of puberty
*********

[Maroof Hussain Chishty]

Muslim Law and Jurisprudence
Q: 1. Select the best option
(i) Who established a prison house for malefactors?
(a) Hazrat Umar
(b) Hazrat Abu Bakr
(c) Hazrat Usman
(d) Hazrat Ali

(ii) Who wrote the first book on law or usul?
(a) Abu Hanifa
(b) Imam Malik
(c) Imam Shafe'i
(d) None of these

(iii) Sale of dates on a tree in consederation for plucked dates is:
(a) Mulamassa
(b) Munabadha
(c) Muzabana
(d) None of these

(iv) A woman can be a Qazi according to:
(a) Malikies
(b) Hanafis
(c) Hanbalis
(d) None of these

(v) Plurality of wives is called:
(a) Bigamy
(b) Polygamy
(c) Polyndary
(d) None of these

(vi) The Muslim family Laws Ordinance was enacted in:
(a) 1960
(b) 1959
(c) 1961
(d) None of these

(vii) The Dissolution of Muslim Marriage Act was enacted in:
(a) 1949
(b) 1939
(c) 1959
(d) None of these

(viii) Who was appointed as first Qazi by Hazrat Abu Bakr?
(a) Hazrat Ali
(b) Hazrat Usman
(c) Hazrat Umar
(d) None of these

(ix) Who is author of Toudeh?
(a) Taftazani
(b) Sadru Sharuat
(c) Ahmad Ibn-e-Qasim
(d) None of these

(x) A void bequest is
(a) Contingent Bequest
(b) Made to child born within six months
(c) Alternative Bequest
(d) None of these

(xi) Maa' si' at deals with:
(a) Torts
(b) Crime
(c) Sale
(d) None of these

(xii) Under Islamic Law a child is legitimate if born after the dissolution of marriage and wife remaining unmarried
(a) Within one year of the termination of marriage
(b) Within 280 days of the terminatrion of marriage
(c) Within six months of the temination of marriage
(d) None of these

(xiii) The limit of testamentory power by muslim is:
(a) 1/8
(b) 1/3
(c) 1/5
(d) None of these

(xiv) A divorce by ILa means:
(a) False accusation of adultery by husband
(b) Apostacy by husband from Islam
(c) An agreement between husband and wife to disolve marriage
(d) None of these

(xv) At the time when Islamic Law came into force the kinds of marriage were in vogue:
(a) 5
(b) 3
(c) 4
(d) No0ne of these

(xvi) Sadqa once completed by delivry is:
(a) Revocable
(b) Not revocable
(c) Revocable subject to condition
(d) None of these

(xvii) Ijtihad means
(a)Consensus of opinon
(b) A gathering of Mujtahidin
(c) Law making
(d) None of these

(xviii) Abu Yusuf, Muhammad and Zufar were the puppils of:
(a) Imam Abu Hanifa
(b) Imam Shafe'i
(c) Imam Malik
(d) None of these

(xix) A collection of traditions known as Musnad Imam Hanbal, consist of traditions:
(a) 30000
(b) 40000
(c) 50000
(d) None of these

(xx) The provisions regarding poligamy under the Muslim family Laws Ordinance is :
(a) 4
(b) 7
(c) 6
(d) None of these

[courageneverdies]

In my opinion:

ii). C
iii). C
ix). B
xii). C
xiv). D
xix). C

Regards

[Usman Cheema]

How was the subjective portion folks mine went just fantastic although the objectives were not very well. I think the examiner was really either impressed or hurt by the "Marriage" thats why he was laying so much stress on marriage i.e three questions on this topic

Regards,

[courageneverdies]

Yeah... rather dissolution of marriage. It appeared that the paper setter has not a very SUCCESSFUL MARRIED LIFE

It went good, Alhamdulillah. Notes were great, I had prepared these all alongwith the Ila, Zihar, Lian etc...

It wasn't too difficult.

Usman, what's your center?

Regards

[unaughty]

Originally Posted by courageneverdies

Yeah... rather dissolution of marriage. It appeared that the paper setter has not a very SUCCESSFUL MARRIED LIFE

It went good, Alhamdulillah. Notes were great, I had prepared these all alongwith the Ila, Zihar, Lian etc...

It wasn't too difficult.

Usman, what's your center?

Regards

the subjective paper went very well... it wasnt difficult... however objective heheh... and guys you cant believe i only memmorized topics about marriage, dower aur kuch kuch about will... and my God, 3 quesions were from the topic of marriage... and 4th one i wrote consensusless parliament system of Pak... a happy ending of css papers.........

[courageneverdies]

@ Shahid

I am sure about ii, iii, ix, xii & xiv.

About xix, I studied Muslim Law & Jurisprudence by Dr. Niazi of Jahangir Exam Cram, there he mentions that Musnad of Ahmad bin Hanbal has 50,000 traditions. Hitti is of the opinion that there are nearly 28,000 traditions.

Originally Posted by unaughty

the subjective paper went very well... it wasnt difficult... however objective heheh... and guys you cant believe i only memmorized topics about marriage, dower aur kuch kuch about will... and my God, 3 quesions were from the topic of marriage... and 4th one i wrote consensusless parliament system of Pak... a happy ending of css papers.........

Yeah, I and Usman Cheema were discussing the same thing. Its a pleasent surprise.

Objectives weren't difficult or maybe I have done well thats why I am saying so

My answers of Objectives were as follows:

i. a
ii. c
iii. c
iv. b
v. b
vi. c
vii. b
viii. a
ix. b
x. a
xi. b
xii. c
xiii. b
xiv. d
xv. a
xvi. b
xvii. d
xviii. a
xix. c
xx. c

Dont know about the ones in bold, these are wrong I think.

Regards

[Shahid Shakoor]

Originally Posted by courageneverdies

@ Shahid

I am sure about ii, iii, ix, xii & xiv.

About xix, I studied Muslim Law & Jurisprudence by Dr. Niazi of Jahangir Exam Cram, there he mentions that Musnad of Ahmad bin Hanbal has 50,000 traditions. Hitti is of the opinion that there are nearly 28,000 traditions.

Regards

wow then i will get good marks in objective part....thanx

brother one thing more parliament waly question ma ma ne disagree kia tha k hmary parlimament ma ijma ki tarh consensus ni ho skta with lot of reasons....one of the candidate says at FPSC center k is ko oppose ni krna tha....or sonay pr sohaga ye ke ma ne to 1 minister ki example bhi dy di ke os se asan si surat ni pdhi jati wo muslim law may kia consensus kry ga

i think examiner mcqs ke number yaha poray kr day ga,,,,what would say i did wrong or right?>????????

regards

[courageneverdies]

Originally Posted by Shahid Shakoor

wow then i will get good marks in objective part....thanx

brother one thing more parliament waly question ma ma ne disagree kia tha k hmary parlimament ma ijma ki tarh consensus ni ho skta with lot of reasons....one of the candidate says at FPSC center k is ko oppose ni krna tha....or sonay pr sohaga ye ke ma ne to 1 minister ki example bhi dy di ke os se asan si surat ni pdhi jati wo muslim law may kia consensus kry ga

i think examiner mcqs ke number yaha poray kr day ga,,,,what would say i did wrong or right?>????????

regards

Bro, seriously, I have just seen this question after this query of yours. In fact I didn't have a look on this question.

Well, its upto you... If you have taken IJMA into consideration than the members of our parliament do not fulfill the basic qualification of a Jurist or Mujtahid. Only Mujtahid and Jurist can participate in Ijma proceedings.

Secondly, If you have talked about general consensus, you can possibly not agree with the thesis in question. But if I were to attempt this question, I would have agreed with the thesis i.e. The Parliament of Pakistan can not be used for consensus of opinion.

Regards

[Shahid Shakoor]

Originally Posted by courageneverdies

Bro, seriously, I have just seen this question after this query of yours. In fact I didn't have a look on this question.

Well, its upto you... If you have taken IJMA into consideration than the members of our parliament do not fulfill the basic qualification of a Jurist or Mujtahid. Only Mujtahid and Jurist can participate in Ijma proceedings.

Secondly, If you have talked about general consensus, you can possibly not agree with the thesis in question. But if I were to attempt this question, I would have agreed with the thesis i.e. The Parliament of Pakistan can not be used for consensus of opinion.

Regards

ya i taken into consideration ijma,,,it means kuch umeed rakhi ja skti ha....

one thing more kia PMS ki ADDD aa gi ha ya ni