CSSMuslim Law

Q.8 Write notes on the following topics: (5 marks each) (A) Analysis of the terminology Uṣūl al-fiqh (B) Status of mutawatir tradition (C) Ṭalāq rajʻī and its rules (D) Section 4 of Muslim Family Law Ordinance 1961. 2017

A) Analysis of the terminology Uṣūl al-fiqh: Uṣūl al-fiqh is a term used in Islamic jurisprudence to refer to the principles of Islamic legal theory. The term literally means “roots of Islamic law”, and it is concerned with the methodologies and principles used in the interpretation and application of Islamic law. The principles of Uṣūl al-fiqh provide a framework for legal reasoning and interpretation, and they are essential for understanding the sources of Islamic law and their role in the development of Islamic jurisprudence.

B) Status of mutawatir tradition: In Islamic jurisprudence, the mutawatir tradition refers to reports or statements that have been transmitted through multiple, independent chains of narration, and which are widely accepted as true and reliable by the scholars of a particular time and place. The mutawatir tradition is considered the highest level of certainty in Islamic law, and reports that are classified as mutawatir are accepted as a source of law without the need for further evidence or interpretation.

C) Ṭalāq rajʻī and its rules: Ṭalāq rajʻī is a form of divorce in Islamic law that allows the husband to revoke the divorce within the iddah period (the waiting period after the divorce). The iddah period for a revocable divorce is three menstrual cycles or three months for a woman who is not menstruating. If the husband revokes the divorce during this period, the marriage is considered to be still in effect. However, if the iddah period expires without the husband revoking the divorce, the marriage is considered to be permanently dissolved.

D) Section 4 of Muslim Family Law Ordinance 1961: Section 4 of the Muslim Family Law Ordinance 1961 is a provision in Pakistani law that requires a husband to give notice of his intention to divorce to his wife and to the Chairman of the Union Council. The notice must be in writing, and it must be delivered to both parties at least 30 days before the intended date of divorce. The purpose of this provision is to allow the parties to attempt reconciliation before the divorce is finalized, and to provide a record of the divorce for legal and administrative purposes. The provision has been controversial, with some arguing that it goes against Islamic law and others arguing that it provides important protections for women in divorce cases.

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