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MUSLIM LAW AND JURISPRUDENCE

STUDY PLAN CSS- 2013
MUSLIM PERSONAL LAW
STUDY AREA --I: SCHOOL OF ISLAMIC FIQH
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. 2011-- it was during the reign of the Abbasides that the four schools of law were founded. Write a comprehensive (20) note on the Hanafi school of thought with regard to the development of Islamic Jurisprudence. 2008--The Teachings of Abu Hanifa acquired for him the title of "upholder of private judgement" and his school of law was distinguished by that epithet".Discuss AREA OF FOCUS Major Schools of Islamic Law Hanafi School Shafi School Shia School Maliki School Hanbali School Difference between Shia and Sunni School of thoughts Works of Authority Imam Abu Hanifa, Imam Shafi, Imam Malik, Imam Ahmed Bin Hanbal

STUDY AREA - II: SOURCES OF ISLAMIC LAW

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? 2012-Short Note: Mujtahid fi al-shar 2011-- The parliament in Pakistan can not be used for consensus of opinion. Do you agree? If not then give reasons. 2010- Short Note: Istihsan 2009-- What is Ijtehad? What are the qualifications of a Mujtahid? Compare Ijtehad with istehsan. 2007--What are the secondary sources of Islamic Law. 2005--Explain briefly the relative importance of the main sources of Islamic Law. 2004--Is analytical deduction (Qiyas) more important than consensus of opinion (Ijma)? Whatever your answer discuss in detail? 2003--Many Muslims believe that 'Ijtehad' is absolutely necessary in modern times to keep pace with the changing world. Comment 2001-- Discuss Hadith as a source of Islamic Law. 2001Short Note: Sihah-e-Sittah 2000-- Discuss the supreme importance of Holy Quran as a primary source of Muslim Law.

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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 Gods will upon earth 2000-- Discuss the objects for the creation of wakf. Can a wakf may be created in favour of donors family? AREA OF FOCUS Source of Law and their importances Primary Sources of Muslim Law o QURAN primary purpose-A code of conduct I.Importance of Quran Majeed II.Pivotal Role in Islamic Legislation III.Legislative function of Holy Quran o SUNNAH- concept of Hadith and Sunnah- Classification of Sunnah-Position and its importance Secondary Sources of Muslim Law o IJMA-Definition-Meaning-Kinds of Ijma-History-Basis-Authority-Famous Ijma etc o IJTEHAD- Meaning & Concept-Mujtahid and his Qualification- Kinds o QIYAS-Concept-Functions Elements-Kinds o Subsidiary Sources of Islamic Law Taqleed Istidlal UrfIstihsan Maslaha Muraslah and Istishlah Fatwa Istishab

STUDY AREA --III: MARRIAGES, MAINTENANCE, DOWER, DIVORCES

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? 2012- Short Note: proper dower 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-a-vis Pakistani Law. 2011= When and in what circumstances can a woman seek dissolution of her marriage? Discuss under the / Dissolution of Muslim Marriages Act, 1939. 2009--Explain fully the status of a bigamous marriage under the classical Islamic Law and compare it with 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. 2008a-Under what circumstances the right of 'dower' is established? (b) Briefly describe prompt and deferred Dowers with their consequensces? 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? 2006--What are essentials of a valid Muslim marriage? From what circumstances in the absence of direct proof, may marriage be presumed? 2006- 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?

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2006--- 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. 2005-- 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. 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? 2003-- What is the maintenance and what are the legal effects of non-maintenance of wife? What is the time limit for maintenance of a divorced wife? 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. 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? AREA OF FOCUS Marriage---A Civil contractVoid, Irregular and Valid MarriagesProhibition Essential Conditions for marriages Legal effects of marriages Instrument for bondage of family institution Type of marriages- Permanent- Temporary(Muta) Khula a right for Women bigamous marriage Rights of DowerPrompt and Deferred Dower Dissolution of Muslim Marriage(Act VITI of 1939) Maintenance

STUDY AREA --IV: M 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 injuctions of shariah.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-- 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.

AREA OF FOCUS

Comprehension of MFLO 1961 Features of MFLO 1961 MFLO 1961 in the sight of Shariat

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STUDY AREA --V: WILLS, GIFTS, HIBA OR IWAZ, MUSHAA, WAQF, DEATH BED TRANSACTIONS AND PREEMPTIONS
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. 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? 2007Short Note : Hiba ba shartul iwaz 2007Short Note : Mushaa 2006-- What are essentials of a Gift? Under what circumstances can a gift not be revoked? 2006--What is the difference between the hiba-bil-iwaz and hiba ba shartul iwaz? 2005--Can a gift without delivery of possession ever be regarded as valid? 2003-- Define 'Mushaa' and state the rules as regards its gift under Sunni and Shia Laws. 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. 2001- Short Note : Gift of Mushaa 2001-- Define Pre-Emption. Who may claim Pre-Emption? 2000-- Explain if a bequest can be made to a child in the mothers 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-- Explain if a bequest can be made to a child in the mothers 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 donors family? AREA OF FOCUS Laws on gift Ingredients of Hiba Condition for its validity Laws on Wills---restrictionslimitationsingredients---revocation of will Waqfingredientsessentials ---valid objects for wakfRequisite and Condition-Abu Hanifa concept of Waqf Musha Death Illness Preemptions

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STUDY AREA --VI: GUARDIANSHIP, PARENTAGE, LEGITIMACY AND ACKNOWLDGEMENT

2011-Who has got the prior right of custody of a minor in case of dispute of between father and mother? 2008-- Who is a de-facto guardian? Enumerate his powers? Can he dispose off the moveable and immovable property of a minor? 2007-- Who are entitled to the guardianship of the person of a minor? when is the right of a female for custody lost? 2007--What is meant by acknowledgement of paternity in Islamic Law? What are the valid conditions for such an acknowledgement? 2006-- Distinguish between the Right of Guardianship and the Right of Custody. Can the two rights simultaneously exist in two different persons? 2006--Is it open to a de facto guardian to alienate the immovable property of a minor? Discuss. 2006-- When are females disqualified from the custody of minor children under Muslim Law? 2006--Is it open to a de facto guardian to alienate the immovable property of a minor? Discuss. 2006-- When are females disqualified from the custody of minor children under Muslim Law? 2005-- Discuss the concept of property under Islamic Jurisprudence. 2004- Under what circumstances the mother is not entitled to the custody of her minor children? 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. 2000--What do you mean by dejure guardian of the property of a minor? State his power and distinguish him from a de facto guardian.

AREA OF FOCUS

Acknowledgement of Parentage/Legitimacy of a child Guardian and ward act-grounds on which guardian can be removed-matters e considered for the appointment of guardian-power , duties and rights of guardian-liabilities of guardiandisqualification for guardian

STUDY AREA --VII: SUCCESSION, NHERITANCE & ESTATE LAW

2011- No bequest in favour of a legal heir." Discuss this statement according to the various schools of Islamic Jurisprudence. 2010Short Note :Escheat 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. 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: Spes Successions 2007--short note: Escheat 2006-- A Muslim dies leaving a daughters son and a full brother. How will the estate of the deceased be distributed according to (a) Sunni Law (B) Shia Law

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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. 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.

AREA OF FOCUS

Salient feature of Islamic Law of inheritance Classes of Legal Heir Impediments to inheritance Escheat Spes Successions Fundamentals of Islamic law of succession

ISLAMIC JURISPRUDENCE

STUDY AREA --VIII: ISLAMIZATION OF 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. AREA OF FOCUS
Process of Islamization in Pakistan Islamization Law Shura and Sovereignty