CSS Muslim Law Paper 2013

Q.1. (i)Select the best option/answer and fill in the appropriate Circle on the OMR Answer Sheet. (20x1=20)
(ii) Answers given anywhere, other than OMR Answer Sheet, shall not be considered.
1.  Al Risalahis name of the book authored by:
(a)Imam Malik  (b)Imam Ahmad  (c) Imam Bukhari  (d)None of these
2.  Mubaratmeans:
(a)When husband and wife decide to opt for li’an
(b)When husband and wife decide to get divorced.
(c) When wife decides to drag the husband to a court of law for divorce.  (d)None of these
3.  The Federal Shariat Court declared in ______________ that some provisionsof the Muslim Family Law
Ordinance 1961 were repugnant to the Islamic injunctions.
(a)  Farishta Case  (b)  Ismael Qureshi Case  (c)  Allah Rakha Case (d)None of these
4.  Easements are known in Islamic law as:
(a)  Huquq al-Irtifaq  (b)  Huquq al-Ardiyyah  (c)  Haquq al-Hayatiyyah (d)None of these
5.  The suit for pre-emption shall fail if_________ different kinds of demands are note made:
(a)Seven  (b)Five  (c) Three  (d)None of these
6.  Shuroot in’iqadin marriage are those:
(a)Which if not found, the contract will not be enforced.
(b)Which if not found, the contract will be irregular.
(c) Which if not found, the contract will not be binding.  (d)None of these
7.  Zahir al-Riwayahare six books authored by:
(a)Imam Shafi’i  (b)Imam Malik  (c) Imam Shaybani  (d)None of these
8.  Divorce pronounced in death-illness is:
(a)Valid  (b)Invalid  (c) Valid if the wife accepts it  (d)None of these
9.  Legal capacity (ahliyya) in Islamic law is divided into:
(a)  Ahliyya al-ada and ahliyya al-wafa  (b)  Ahliyya al-wujooband ahliyya al-haqq
(c)  Ahliyya al-wujooband ahliyya al-ada  (d)None of these
10.  Can the husband revoke the delegation of the right of divorce?
(a)No  (b)Yes (c) Yes, if he does so before the wife exercise this right.  (d)None of these
11.  Istishabdenotes:
(a)The presumption of non-existence  (b)The presumption of validity
(c) The presumption of continuity  (d)None of these
12.  Aasabaare those:
(a)Who have prejudice towards a section of the society.
(b)Whose share is not fixed and will get whatever is left.
(c) Who are entitled to get zakah.  (d)None of these
13.  Imam Malik bin Anas belongs to:
(a)  Ahl al-Hadith  (b)  Ahl al-Ra’i  (c)  Ahl al-Zahir  (d)None of these
14.  Maslaha Mursalarefers to:
(a)A Maslaha which isneither recognized nor rejected by Shariah.
(b)A Maslaha which is not recognized by Shariah but which must be adopted for its utility for
(c) A Maslaha which is proved by a Hadith i Mursal  (d)None of these
15.  In case of divorce before consummation of marriage:
(a)Half dower must be paid, if dower was fixed.
(b)Full dower must be paid if its proved that mistake of husband caused the divorce.
(c) No dower is payable as dower is paid as consideration for “consummation”.  (d)None of these
16.  Bay’ al-Salam is:
(a)Money for fruit but the counter-values must be exchanged simultaneously.
(b)Money for fruits but money must be paid prior to delivery.
(c) Money for fruits but money is paid after delivery, otherwise sale is void.  (d)None of these
17.  Talaqqi al-Rukbandenotes:
(a)Divorces during travel
(b)Divorce while the wife is pregnant.
(c) Divorce when the agent of the husband pronounces it on his behalf.  (d)None of these
18.  Consideration in Khula’means:
(a)Gifts (b)Any property paid to the wife (c)Any property paid to the husband (d)None of these
19.  Faskhin the Hanafi School is:
(a)Available only on three grounds.  (b)Available only on four grounds.
(c) Is the absolute right of the wife.  (d)None of these
20.  Imam Abu Hanifah was student of:
(a)Abdullah Ibn Mas’ud  (b)Imam Hammad  (c) Imam Hasan Basri  (d)None of these
NOTE: (i)  Part-IIis to be attempted on the separate Answer Book.
(ii)Candidate must write Q. No.in the Answer Bookin accordance with Q. No.in the Q. Paper.
(iii)Attempt ONLY FOUR questions from PART-II. ALL questions carry EQUAL marks.
(iv) Extra attempt of any question orany part of the attempted question will not be considered.
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 Ghazali says: “Maslahahdoes 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  maslahahas
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 toit”. 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’zirand qisasto 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 which emanate from these
different kinds of rights.
Q.7.  “Istihsandoes not mean deviation from the legal norms on the basis of personal liking
or disliking; rather, it is a means to ensure analytical consistency in the legal system by
resolving conflicts in various sources of law.” Elaborate this statement and critically
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-Madhhab
(d)  Zihar
(5 each) (20)


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