Muslim Law and Jurisprudence Study Plan for CSS

Muslim Law and Jurisprudence – CSS2013

MUSLIM JURISPRUDENCE History of Islamic Jurisprudence 2011-- It was during the reign of the Abbasides that the four schools of law were founded. Write a comprehensive note on the Hanfi school of thought with regard to the development of Islamic Jurisprudence. Jurisprudence. 2005-2005--Explain as to what extent Roman Law influenced Muslim law? 2003--Discuss 2003--Discuss the development of Islamic Law during the Umayyad caliphate. 2001-2001--Some scholars contend that the Shariah has been influenced by Roman law while others deny any such influence. Discuss. Discuss.

4 Schools of Thoughts and Imams 2012-2012--It is said IMAM said IMAM ABU HANIFA was 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. 2008--The 2008--The Teachings of Abu Hanifa acquired for him the title of "upholder "upholder of private judgement" judgement" and his school of law was distinguished by that epithet”. Discuss.

Sources of Islamic Law Quran 2005--Explain 2005--Explain briefly the relative importance of the main sources of Islamic Law. Law. 2000-- Discuss the supreme importance of Holy of Holy Quran as a primary source of Muslim Law. Hadith 2001-- Discuss Hadith Discuss Hadith as a source of Islamic Law. 2001— 2001—Short Note: Sihah-e-Sittah 2000-- Write, an essay on "the jurisdiction the prophet (P.B.U.H) exercised was both regal and sacerdotal, sa cerdotal, for he was deemed to be the interpreter interpreter of God‟s will upon earth”

Prepared by: Muhammad Faisal ul Islam

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Ijtehad & Taqleed 2012- 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? 2009-- What is Ijtehad ? What are the qualifications of a Mujtahid ? Compare Ijtehad with istehsan. 2012-Short Note: Mujtahid fi al-shar 2003--Many Muslims believe that 'Ijtehad' is absolutely necessary in modern times to keep pace with the changing world. Comment Other Secondary Sources 2011-- The parliament in Pakistan cannot be used for consensus of opinion. Do you agree? If not then give reasons. 2010- Short Note: Istihsan 2007-- What are the secondary sources of Islamic Law. 2004--Is analytical deduction (Qiyas) more important than consensus of opinion (Ijma)? Whatever your answer discuss in detail? 2002-- “The groundwork of the Mohammaden legal system, like that of other legal systems, is to be found in the customs and usages of the people among whom it grew and developed”. Discuss.

Torts & Crimes 2008-- (a) Explain (5 marks) Hadd (b) Explain (5 marks) Tazir (c) Explain (5 marks) Crime (d) Explain (5 marks) Torts 2006-- Why the Islamic Law is inclined towards strict punishments? Explain your answer with special reference to Hadd, Tazir and Qisas.

Testimony 2005--Explain fully the restrictions on Muslims testamentary power and reasons therefore. 2004-- What are the qualifications of a competent witness for testifying? Discuss th e status of a woman as witness. 2001-- What are the salient features of Islamic Law of Evidence? Discuss briefly. 2000--Explain if a bequest can be made to a child in the mother‟s womb. Can a gift be so made? Also discuss the limitation, imposed on testamentary power and why you think such limits have been imposed?


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Islamization in Pakistan 2010-- Discuss “Shura and Sovreignty” under Islamic Constitution. 2009-- Write a comprehensive note on the Islamization of the laws in Pakistan. Do you think that Islamization of laws has in any way improved the Judicial and Governance systems of the Country? 2009--Discuss in detail the process of Islamization in Pakistan. 2007--Discuss in detail the process of Islamization in Pakistan.

Economy of Islamic State Like Pakistan 2004-- What are the traditional sources of Revenue of an Islamic State? 2003--Discuss the concept of an Islamic State. What are your views on interest-free system in a country like Pakistan?


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MUSLIM LAW Succession 2009-- Under section 4 of the Muslim Family Laws ordinance an orphan grandchild in entitled to the share of his/her predeceased parent? Explain fully the issue; argue for or against the provision. 2004-- Discuss briefly the Fundamentals of Islamic Law of Succession in the light of Quran and Sunnah 2002-- Discuss the different principles which govern the question whether a child still inborn when a praepositus or testator dies, is entitled to succeed or to take a bequest. Explain how, and in what precise circumstances, these various principles are respectively applied. 2002-- “In its strict technical sense an impediment to inheritance is a personal act or attribute when disqualifies from succession an individual who would otherwise be an entitled heir on the ground of either marriage or blood relation with the praepositus.” Discuss this statement both under Sunni law and Shia law.

Inheritance 2011- “No bequest in favour of a legal heir." Discuss this statement according to the various schools of Islamic Jurisprudence. 2010—Short Note :Escheat 2009-- A Muslim male dies leaving behind a widow, a daughter an agnatic granddaughter and a father. Distribute the property of the deceased/ praepositus amongst the heirs. Explain the basis for the distribution of property to each and every heir. 2007--Short note (5 marks): Spes Successions 2007--Short note (5 marks): Escheat 2006-- A Muslim dies leaving a daughter‟s son and a full brother. How will the estate of the deceased be distributed according to (a) Sunni Law (B) Shia Law 2002-- “In its strict technical sense an impediment to inheritance is a personal act or attribute when disqualifies from succession an individual who would otherwise be an entitled heir on the ground of either marriage or blood relation with the praepositus.” Discuss this statement both under Sunni law and Shia law.


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Wills 2008--Elucidate the different principles which govern the question whether a child still unborn when a praepositus dies, is entitled to succeed or take a bequest. Explain how, and in what precise circumstances, these various principles are respectively applied. 2007-- What are distinguishing features of gift from those of will? 2002--Discuss the different principles which govern the question whether a child still inborn when a praepositus or testator dies, is entitled to succeed or to take a bequest. Explain how, and in what precise circumstances, these various principles are respectively applied. 2000--Explain if a bequest can be made to a child in the mother‟s womb. Can a gift be so made? Also discuss the limitation, imposed on testamentary power and why you think such limits have been imposed?

Gifts 2010- What are distinguishing features of gift from will ? 2009- Explain the essentials of Valid Gift. A, who owns a house makes a gift to B of the house and of the right to the use a staircase used by him jointly with a owner of an adjoining house. Is it a valid Gift explain? 2008--Elucidate the different principles which govern the question whether a child still unborn when a praepositus dies, is entitled to succeed or take a bequest. Explain how, and in what precise circumstances, these various principles are respectively applied. 2007-- What are distinguishing features of gift from those of will ? 2006-- What are essentials of a Gift? Under what circumstances can a „gift‟ not be revoked? 2005--Can a gift without delivery of possession ever be regarded as valid? 2002-- Discuss the different principles which govern the question whether a child still inborn when a praepositus or testator dies, is entitled to succeed or to take a bequest. Explain how, and in what precise circumstances, these various principles are respectively applied. 2000-- Explain if a bequest can be made to a child in the mother‟s womb. Can a gift be so made? Also discuss the limitation, imposed on testamentary power and why you think such limits have been imposed? 2000--Discuss the objects for the creation of wakf. Can a wakf may be created in favour of donor‟s family? Hiba + Iwaz 2007—Short Note (5 marks): Hiba ba shartul iwaz 2006-- What is the difference between the hiba-bil-iwaz and hiba ba shartul iwaz? (10 marks)


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Mushaa 2009-- Explain the essentials of Valid Gift. A, who owns a house makes a gift to B of the house and of the right to the use a staircase used by him jointly with a owner of an adjoining house. Is it a valid Gift explain? 2007--Short Note (5 marks): Mushaa 2003--Define 'Mushaa' and state the rules as regards its gift under Sunni and Shia Laws. 2001--Short Note (short note 10 marks): Gift of Mushaa

Waqfs 2012--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. 2000-- Discuss the objects for the creation of Waqf. Can a Waqf may be created in favour of donor‟s family?

Pre-emption 2001--Define Pre-Emption. Who may claim Pre-Emption?

Marriage 2011- 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. 2011- What do you understand by bigamous marriage? Explain it under classical Islamic law vis-à-vis Pakistani Law. 2009-- A Muslim marriage is a civil contract. Do you think that the contracting parties have equal rights in rescinding a marriage contract? Give rationale. 2009--Explain fully the status of a bigamous marriage under the classical Islamic Law and compare it with Pakistani law. 2006-- What are essentials of a valid Muslim marriage? From what circumstances in the absence of direct proof, may marriage be presumed? 2004-- What are the ingredients of a valid contract under the Islamic Law 2003---Explain the kinds of prohibition to Muslim marriage and its effect on the legitimacy of children?


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Dower 2012- Short Note: proper dower 2008—a-Under what circumstances the right of 'dower' is established? (b) Briefly describe prompt and deferred Dowers with their consequences? 2006--- a- What is Prompt dower ? How is it fixed? b- Define Prompt and Deferred Dower. How will the dower be fixed under the Muslim Family Laws Ordinance ,1961, when the mode of payment of dower is not specified in Nikah- Nama? 2005-- " Dower is an essential incident under the Muslim Law to the status of marriage Comment. 2004-- (a) Under what circumstances the right of 'dower' is established? (b) Briefly describe prompt and deferred Dowers with their consequences? 2003--Discuss the nature and extent of a Muslim widow's right to retain possession of her husband's estate in lieu of her dower .

Maintenance 2003-- What is the maintenance and what are the legal effects of nonmaintenance of wife? What is the time limit for maintenance of a divorced wife?

Divorce 2012-- Is khula an absolute right of woman or it is subject to some conditions? how can she use this right and what are legal effects of khula? 2011= When and in what circumstances can a woman seek dissolution of her marriage? Discuss under the / Dissolution of Muslim Marriages Act, 1939. 2009-- A Muslim marriage is a civil contract. Do you think that the contracting parties have equal rights in rescinding a marriage contract? Give rationale. 2008--Under what circumstances can a woman seek dissolution of her marriage? Discuss in the light of Muslim Marriages Act, 1939. 2007-- Is there any differences between divorce and dissolution of marriage? What grounds are available for dissolution of marriage under Muslim Law? 2005-- Discuss the object and scope of Dissolution of Muslim Marriage Act (Act VITI of 1939).Also explains the effect of apostasy from Islam on marriage. 2003-- Discuss the object and scope of Dissolution of Muslim Marriage Act (Act VITI of 1939).Also explain the effect of apostasy from Islam on marriage. 2002-- (a) Discuss “Cruelly” in the light of Dissolution of Muslim Marriages Act of 1939. (b) A husband is sentenced to imprisonment for a period of 7 years, while an appeal against this sentence is still pending. Can a Family Court pass a decree for Dissolution of Marriage against him on this ground?


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Muslim Family Laws Ordinance,1961 2012--Many Muslims scholars has criticized some sections of the Muslim family laws ordinance 1961 that they are not in accordance with the injunctions of sharia. Give your opinion and decorate it with arguments. 2009-- Under section 4 of the Muslim Family Laws ordinance an orphan grandchild in entitled to the share of his/her predeceased parent. Explain fully the issue; argue for or against the provision. 2008-- Critically analyse the Muslim Family Laws Ordinance 1961.Which particular provision do you consider to have the greatest significance in the Muslim Family Laws in Pakistan and why? 2006-- b- Define Prompt and Deferred Dower. How will the dower be fixed under the Muslim Family Laws Ordinance ,1961, when the mode of payment of dower is not specified in Nikah- Nama? 2000-- Discuss the functions of Arbitration council constituted under the various provisions of Muslim Family Laws Ordinance, 1961.

Guardianship & Property 2008-- Who is a de-facto guardian? Enumerate his powers? Can he dispose off the moveable and immovable property of a minor? 2006--Is it open to a de facto guardian to alienate the immovable property of a minor? Discuss. 2006-- Distinguish between the „ Right of Guardianship’ and „the Right of Custody’ . Can the two rights simultaneously exist in two different persons? De jure and De facto guardian and property 2005-- Discuss the concept of property under Islamic Jurisprudence. 2000-- What do you mean by de jure guardian of the property of a minor? State his power and distinguish him from a de facto guardian.

Female/Mothers and Right of Custody: 2011- Who has got the prior right of custody of a minor in case of dispute of between father and mother? 2007-- Who are entitled to the guardianship of the person of a minor? when is the right of a female for custody lost? 2006-- When are females disqualified from the custody of minor children under Muslim Law? 2004- Under what circumstances the mother is not entitled to the custody of her minor children?


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Acknowledgement of Paternity 2007-- What is meant by acknowledgement of paternity in Islamic Law? What are the valid conditions for such an acknowledgement? 2004-- What is meant by acknowledgement of Paternity in Islamic Law? What are the valid conditions for such an acknowledgement? 2002-- “Where the paternity of a child that is legitimate descent from his father cannot be proved by establishing a marriage between his patients at the time of his conception or birth, the Islamic law recognizes „acknowledgment‟. Explain by stating valid conditions of acknowledgement. 2001-- What is meant by Acknowledge of Legitimacy? Explain the conditions of a valid acknowledge.

Miscellaneous

2007—[short note 5 marks) Lia'an 2007--:[short note 5 marks) Talabs (pre-emption) 2004-- What are the ingredients of a valid contract under the Islamic Law? 2002--The dominant idea of a contract in Muhammadan Law is that it establishes a lie of legal relations arising from the consent of the minds of two persons to deal with each other in respect of certain rights of theirs.” Elaborate this statement. 2002-- “To some jurists the legal system of Islam is complex, uncertain and artificial.” Do you agree or disagree with this view? 2001--“Necessity renders prohibited things permissible”. Discuss this maxim with reference to the principles of Islamic Jurisprudence. 2001-- (short note 10 marks) Qualifications of a Qazi 2001-- (short note 10 marks) Dar-ul-Islam & Dar-ul-Harb 2000-- Write, an essay on "the jurisdiction the prophet (P.B.U.H) exercised was both regal and sacerdotal, for he was deemed to be the interpreter of God‟s will upon earth". 2000--Shariat is a complete code of life. How far do you agree with this view? Discuss.


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Muslim Law and Jurisprudence Study Plan for CSS

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