Muslim Law 2017 CSS
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Jun- 2023 -4 June
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…
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4 June
Q.7 The four Sunni canonical schools hold Ijmāʻ to be a valid source of law. But it is said that “there is no workable machinery for the selection of qualified jurists to take part in Ijmāʻ and for establishing their deliberations in an authoritative form”. Discuss and give arguments for and against this opinion. 2017
Ijmāʻ, or consensus, is considered a valid source of Islamic law by the four Sunni canonical schools. The concept of…
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4 June
Q.6 Imām Shāfiʻī studied deeply the principles of Ḥanafī school of law. He disagreed with some views of Ḥanafī jurists and established his own independent school. What were his differences with Ḥanafīs and what did he contribute in modification of Islamic law and jurisprudence? 2017
Imam Shafi’i (767-820 CE) was a renowned jurist and scholar who is credited with the establishment of the Shafi’i school…
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4 June
Q.5 Discuss critically the admissibility of inserting stipulations in a marriage contract by the parties. Your answer should be based on the debates of classical Muslim jurists and modern scholars. Your own opinion is also required. 2017
The issue of whether stipulations can be inserted into a marriage contract by the parties is a topic that has…
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4 June
Q.4 Define ʻAqd’ according to Muslim jurists. Which are the circumstances that affect the legal capacity of the parties to execute a contract under Islamic Sharīʻah? 2017
ʻAqd is a legal contract in Islamic law that is based on mutual consent and agreement between two or more…
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4 June
Q.3 Muslim jurists classified offences on the basis of right. Why was there need of this classification? What important consequences flow from it and what will be the result if this classification is changed? 2017
Muslim jurists classified offenses based on rights because it provided a comprehensive framework for understanding different types of offenses and…
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4 June
Q.2 Give your peer analysis about the approaches of Al-Ghazālī and Al-Shāṭibī on the doctrine of maqāṣid al-Sharīʻah. Explore the primary and secondary purposes of this doctrine and discuss whether maqāṣid al-Sharīʻah are definite in number as determined by the earlier jurists or they may be increased. 2017
Al-Ghazālī and Al-Shāṭibī are two prominent Islamic scholars who contributed significantly to the doctrine of maqāṣid al-Sharīʻah, which refers to…
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