Muslim Law & Jurisprudence Paper, CSS 2013

Q.NO 1. Muslim Law & Jurisprudence Paper, CSS 2013(MCQs will be uploaded soon)
Q.2. Explain the provisions of Islamic law regarding the custody of child and critically evaluate the notion of “parental child abduction”.

Q.3. Imam Gazhali says: “Maslahah does not mean acquiring benefit or repelling harm; it means protecting the purposes of the law.” Elaborate theory of the purposes of Islamic law (maqasid al-shari’ah) and link it with the wider doctrine of maslahah as expounded by Imam Ghazali and Imam Shatibi.

Q.4. (a) “A contract of marriage concluded in the absence of two witnesses is void, but some consequences of irregular contract are assigned to it”. Elaborate this rule by clearly separating the effects of a void contract and the effects of an irregular contract which are found in such a contract.

(b) Give three examples in which one divorce is deemed irrevocable (ba’in) by the Sunni Law.

Q.5. “Necessity does not allow every prohibited act; rather, some acts remain prohibited even in the state of necessity.” Explain this statement by clearly elaborating the parameters and limitations of the doctrine of necessity in Islamic law.

Q.6. “Islamic law links the punishments of hadd, ta’zir and qisas to the right of God, the right of individual and the joint right of God and individual, respectively.” Distinguish between the legal consequences of these punishments whcih emanate from these different kinds of rights.

Q.7. “Istihsan does not mean deviation from the legal norms on the basis of personal liking or disliking; it is a means to ensure analytical consistency in the legal system by resolving conflicts in various sources of law.” Elaborate this statement and citically evaluate the objection raised by the shafi’i jurists on the Hanafi principle of Istihsan.

Q.8. Write notes on the following:-
(a) Obligatory Bequest (Wasiyyah Wajibah)
(b) Intoxication as Cause of Defective Legal Capacity
(c)Mujtahid fi al-Madhab
(d)Zihar