Muslim Law and Jurisprudence
 

[B]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[/B]

[B]Mulism law & jurisprudence css-2012 objective(solved)
Marks 20 time 30 mins[/B]

1)When a man advances the price for certain goods to be delivered in the future on a fixed date then this transaction is called
a) Surf
b) Muqaida
c) [B]salam[/B]
d) none of these

2) Imam Muhammad bin idris al-shafi was born in
a) Makka
b) Baghdad
c) Egypt
d) [B]none of these--------------He was born in Palestine (767—820 A.D/A.H 150--204)[/B]

3) an illegitimate child inherits from its mother and her relatives under
a) [B]hanafi law[/B]
b) shia law
c) under both hanafi and shia laws
d) none of these

4) “ noor al-anwar” is a commentary on
a) [B]The holy quran[/B]
b) Al-manar
c) Sahih al-bukhari
d) None of these

5) If a person contributes the entire capital and the other skills and labour, it is called a partnership of
a) [B]Modaribah[/B] [URL]http://www.muslimtents.com/shaufi/b16/b16_10.htm[/URL]
b) Muzara,a
c) Musaqat
d) none of these

6) In talaaq, the wife is bound to observe the iddat and in khula, she is
a) Not bound to observe iddat
b) [B]bound to observe iddat[/B]
c) she has no iddat
d) None of these

7) A woman may be a qadi according to
a) [B]Hanafis[/B]
b) Shafi,s
c) Both hanafis and shafi,s
d) None of these

8) “A’ul” deals with
a) Dower
b) Waqaf
c) Inheritance
d) None of these

9) “the jurist of Iraq” was the title of
a) Imam abu hanifa
b) [B]Imam Ibrahim al-nakh’a’i[/B]
c) Imam abu yusuf
d) None of these

10) A marriage contracted without required number of witnesses is
a) [B]Irregular[/B]
b) Void
c) Invalid
d) None of these

11) “Istadlal” is a principle of juristic deduction which was introduced by
a) Imam abu hanifa
b) [B]Imam malik (it was introduced by maliki school whose founder is malik ibn-anas& supported by shafi school)[/B]
c) Imam shafi’i
d) None of these

12) A bequest once made
a) Cannot be revoked
b) [B]May be revoked (testator may revoke it)
c) May be revoked but with the consent of heirs only (after the death of testator)[/B]
d) None of these

13) Before Islam , it was a customary law that on the death of the husband the period of iddat was
a) Four months and ten days
b) Two years
c) [B]One year[/B]
d) None of these

14) “Mushaa”is
a) A property belonging to an insane person
b) [B]An undivided share in property[/B]
c) Name of a tribe
d) None of these

15) A Qadi should be a judge according to
a) Mo’tazilla
b) Hanafis
c) All sunni schools except Hanafis
d) None of these

16) If the marriage was consummated, the divorced woman may marry another man:
a) Immediately
b) [B]After completion of Iddat[/B]
c) After nine months
d) None of these

17) The heirs of a deceased person are liable for the dower debt:
a) Personally
b) They have not concern with it
c) [B]Not personally[/B]
d) None of these

18) If a Qadi goes wrong on a question covered by Ijma
a) His decree must be set aside
b) His decree may be set aside
c) His decree is binding and valid
d) None of these

19) The wife is entitle to obtain the decree for dissolution of her marriage if the whereabouts of the husband has not been known for a period of :
a) [B]Four years[/B]
b) Fourteen years
c) Forty years
d) None of these

20) Friday prayers and Eid prayers may be held and offered in :
a) Dar-ul-Islam only
b) [B]A place where they will not be interrupted[/B]
c) Where there is a Muslim ruler
d) None of these

[B]Answers
1) C 2) d 3) a 4) a 5) a 6) b 7) a
8) ----- 9) b 10) a 11) b 12) b& c 13) c 14) b
15)----- 16) b 17) c 18) ----- 19) a 20) b[/B]

Some MCQs of MLJ
 

1) When a man advances the price for certain goods to be delivered in the future on a fixed date then this transaction is called

a) Surf
b) Muqaida
[B]c) Salam[/B]
d) none of these

2) Imam Muhammad bin idris al-shafi was born in
a) Makka
b) Baghdad
c) Egypt
[B]d) none of these--------------He was born in Palestine (767—820 A.D/A.H
150--204)[/B]

3) An illegitimate child inherits from its mother and her relatives under (p 150 Principles of Mohammadan Law by DF Mullah)

[B]a) hanafi law[/B]
b) shia law
c) under both hanafi and shia laws
d) none of these

4) “Noor Al-Anwar” is a commentary on (p31 Principles of Mohammadan Jurisprudence by Sir Abdur Rahim)

a) The holy quran
[B]b) Al-manar[/B]
c) Sahih al-bukhari
d) None of these

5) If a person contributes the entire capital and the other skills and labour, it is called a partnership of (p273 Principles of Mohammadan Jurisprudence by Sir Abdur Rahim)

[B]a) Modaribah[/B]
b) Muzara,a
c) Musaqat
d) none of these

6) In talaaq, the wife is bound to observe the iddat and in khula, she is

a) Not bound to observe iddat
[B]b) bound to observe iddat[/B]
c) she has no iddat
d) None of these

7) A woman may be a qadi according to

[B]a) Hanafis[/B]
b) Shafi,s
c) Both hanafis and shafi,s
d) None of these

8) “A’ul” (doctrine of increase) deals with

a) Dower
b) Waqaf
[B]c) Inheritance[/B]
d) None of these

9) “the jurist of Iraq” was the title of

a) Imam abu hanifa
[B]b) Imam Ibrahim al-nakh’a’i[/B]
c) Imam abu yusuf
d) None of these

10) A marriage contracted without required number of witnesses is

[B]a) Irregular[/B]
b) Void
c) Invalid
d) None of these

11) “Istadlal” is a principle of juristic deduction which was introduced by

a) Imam abu hanifa
[B]b) Imam malik (it was introduced by maliki school whose founder is malik ibn-anas& supported by shafi school)[/B]
c) Imam shafi’i
d) None of these

12) A bequest once made (p266 Principles of Mohammadan Jurisprudence by Sir Abdur Rahim)

a) Cannot be revoked
[B]b) May be revoked (testator may revoke it)[/B]
c) May be revoked but with the consent of heirs only (after the death of testator)
d) None of these

13) Before Islam , it was a customary law that on the death of the husband the period of iddat was

a) Four months and ten days
b) Two years
[B]c) One year[/B]
d) None of these

14) “Mushaa”is

a) A property belonging to an insane person
[B]b) An undivided share in property[/B]
c) Name of a tribe
d) None of these

15) A Qadi should be a judge according to

a) Mo’tazilla
b) Hanafis
[B]c) All sunni schools except Hanafis[/B]
d) None of these

16) If the marriage was consummated, the divorced woman may marry another man:

a) Immediately
[B]b) After completion of Iddat[/B]
c) After nine months
d) None of these

17) The heirs of a deceased person are liable for the dower debt (p435 Principles of Mohammadan Law by DF Mullah):

a) Personally
b) They have not concern with it
[B]c) Not personally[/B]
d) None of these

18) If a Qadi goes wrong on a question covered by Ijma (p152 Principles of Mohammadan Jurisprudence by Sir Abdur Rahim)

[B]a) His decree must be set aside[/B]
b) His decree may be set aside
c) His decree is binding and valid
d) None of these

19) The wife is entitle to obtain the decree for dissolution of her marriage if the whereabouts of the husband has not been known for a period of :

[B]a) Four years[/B]
b) Fourteen years
c) Forty years
d) None of these

20) Friday prayers and Eid prayers may be held and offered in (p334 Principles of Mohammadan Jurisprudence by Sir Abdur Rahim):

a) Dar-ul-Islam only
[B]b) A place where they will not be interrupted[/B]
c) Where there is a Muslim ruler
d) None of these

^Are you sure about the answers of above MCQ's?

Istidlal was NOT by Imam Malik but by Imam Shafi.

On the doctrine of Naskh, I found something worthy of sharing...

Abrogation (
Naskh
)The literal meaning of
naskh
is cancelling or transferring. In its technical sense it is used to mean the“lifting (
raf‘
) of a legal rule through a legal evidence of a later date.” The abrogating text or evidence iscalled
n¯ asikh,
while the repealed rule is called
mans¯ ukh.
All the four Sunn¯ı schools unanimously accept the doctrine of abrogation, though they may disagreeon the details. Most of the independent jurists also accepted this doctrine. It may, therefore, be assumedto be a kind of consensus. The concept of “repeal” and “overriding laws” is a necessity in a legal systemand Islamic law acknowledges it. Such repeal in the texts, though, could only occur during the lifetime of the Prophet (p.b.u.h.).According to al-Sarakhs¯ı the Jews did not accept this concept in their legal system. We may guess thereason for this: they had very little chance of implementing their system through a state, and their lawhas remained theoretical. It is only in the modern times that they have been able to establish a state.Some modern Muslim scholars, who do not appreciate the working of a legal system, have also tried todeny the doctrine of abrogation. As stated, however, it is a fact established by the unanimous agreementof the schools of law and their jurists.One of the earliest cases of repeal of an earlier command was the directive to change the direction of the
qiblah
from Bayt al-Maqdas to the al-Masjid al-H.ar¯am. The repealing verse is AlBaqrah - 144
Naskh
is total (
kull¯ı
), where it may lift the entire law and substitute another one for it, or it may bepartial (
juz’¯ı
), when the law is repealed for a certain class alone. This is what may be called the overridingof a general law by a special law. For example, a general law in the Qur’¯an provides penalties for all thosewho falsely accuse chaste women of sexual intercourse. It then provides a special law in the case of spousesaccusing each other of unchastity. The provisions of the general law are not applicable to spouses, becausethe special law overrides that provision.It is generally acknowledged that Islamic law works for the interest (
mas.lah .ah
) of human beings.Interests may keep on shifting with a change in circumstances, and the law adjusts accordingly. The lawwas laid down in the period of the Prophet (p.b.u.h.) gradually and in stages. The aim was to bring a society steeped in immorality to observe the highest standards of morality. This could not be doneabruptly. It was done in stages, and doing so necessitated repeal and abrogation of certain laws.

Anybody knows the authentic reason of why Abu Hanifa was against Wakf?
Moreover, which clauses of MFLO you people wrote which are against Sharia. I could only remember 3(Polygamy, Divorce, Nikahnama registration).

And moreover, how did you people tackle the question of "Khula"?

[QUOTE=Skylimit;414991]Anybody knows the authentic reason of why Abu Hanifa was against Wakf?
Moreover, which clauses of MFLO you people wrote which are against Sharia. I could only remember 3(Polygamy, Divorce, Nikahnama registration).

And moreover, how did you people tackle the question of "Khula"?[/QUOTE] apart from those three section the most imp one is that of succession section 4 MFLO. This is section is in application with full swing though the other section are not applied in letter and spirit. And about Abu hanifa I never saw anything like that though in paper it was. Still I think the reason may be becoz there is nothing. Direct in Quran about Wakf but still the deciples of Imam hanifa that is imam yousaf and imam muhmad are in favour of Wakf.

The question on Khula
 

The question on Khula was a tricky one. Khula according DF Mulla is a dissolution of marriage initiated by wife and subsequently accepted by husband. The acceptance by husband may be inspired by the wife by forfeiture of her right of dower in favor of husband. It is a form of dissolution of marriage without intervention of court but by intiative by wife and acceptance by husband.

Regards,

What I have found out on internet is that Abu Hanifa was against Wakf because he was of the view that Wakf should NOT be a permanent and that Wakf of moveables could NOT be made. These two opinions by him were against those shared by other jurists.

Regarding Khula, it is indeed dissolution of marriage demanded by wife. But either husband can dissolve marriage if asked by wife or else, wife CAN resort to court for dissolution of marriage on the account of reasons as given in Dissolution Of Marriages Act 1939. And you are right about the fact that wife has to forgo the right of dower when dissolution of marriage is initiated by her.

Question on khulaa
 

Dear!
DMMA 1939 is not related to khula. Because Khula is essentially without intervention of court. While DMMA 1939 implores upon a wife to sue her husband in court for the conditions mentioned in the said act.

Regards,