CSS Muslim Law Jurisprudence 2014

PART-II

Q.2. Define the doctrine of “ Istishab” (The presumption of Continuity). Whether it can be considered as a source of Islamic Law? Discuss. (20)

Q.3. Define “IDDAH” (The waiting period) and its kinds. Is “ IDDAH” compulsory in all kinds of separation? (20)

Q.4. According to the views of Islamic scholars, the Constitution of 1973 is in line with Islamic Teachings. Discuss. (20)

Q.5. It is said that IMAM SHAFI’I strongly opposed the Istehsan (Juristic preference) as a source of Islamic Law. Discuss. How Istehsan can be used in this age? Explain. (20)

Q.6. What is the difference between IJMA (Consensus) and IJTIHAD (Independent Judgement)? How they can be used to solve new problems which are not covered by the Qur’an and Sunnah. (20)

Q.7. Define different kinds of “ Al-Ahliyyah”. Discuss the legal capacity of foolish persons. (20)

Q.8. Write short NOTES of the following: (5 each)

(a) Three important kinds of Mujtahid

(b) Customs as a source of Islamic Law

(c) Maintenance of wife

(d) Judicial separation