CSS Muslim Law Jurisprudence 2012

PART-II

Q.2. Define the doctrine of naskh (repeal). Do you agree that naskh has been done in Shari‘ah texts? If so, then what is the justification for it? (20)

Q.3. Is Khula‘ an absolute right of a woman or it is subject to some conditions? How can she use this right and what are legal effects of Khula‘? (20)

Q.4. 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 Qur’an, the Sunnah or Ijma‘? (20)

Q.5. It is said that Imam Abu Hanifa was strongly opposed to waq’f. Then it was recognized and institutionalized. Why? Discuss it. How waq’f can be used in better way? Give your suggestions. (20)

Q.6. Many Muslim scholars has criticized some sections of the Muslim Family Laws Ordinance 1961 that they are not in accordance with the injunctions of Shari‘ah. Give your opinion and decorate it with arguments. (20)

Q.7. Define legal capacity (Al-Ahliyyah). Discuss the legal capacity of minor (sabi). (20)

Q.8. Write notes on the following topics: (4x5=20)

(a) Mujtahid Fi Al-Shar‘

(b) Proper dower

(c) Plain and allusive words

(d) Dhawi Al-Furud