CSS Muslim Law Jurisprudence 2009

PART – I (MCQ)

(COMPULSORY)

Q.1. Select the best option/answer and fill in the appropriate box on the Answer Sheet. (20)

(i) Who founded the ‘Kufa School’?

 (a) Imam Abu Hanifa

(b) Imam Malik

(c) Imam Jafar-as-Sadik

(d) None of these

(ii) Through a Gift a Muslim can transfer his/her:

 (a) 1/3rd of property

(b) ½ of the property

(c) 2/3rd of property

(d) None of these

(iii) A plurality of husbands is called:

 (a) Polyandry

(b) Bigamy

(c) Polygamy

(d) None of these

(iv) A man is prohibited to marry his daughter on the ground of:

 (a) Affinity

(b) Consanguinity

(c) Fosterage

(d) None of these

(v) A widow is entitled to maintenance:

 (a) For one year

(b) For two years

(c) During the period of Idda

(d) None of these

(vi) A divorce by Zihar means:

 (a) Apostasy from Islam by a husband

 (b) False accusation of adultery by husband

 (c) An agreement between husband and wife to dissolve marriage

 (d) None of these

(vii) According to Pakistani law, a child is legitimate if born:

 (a) Within 280 days of the termination of marriage

 (b) Within one year of the termination of marriage

 (c) Within two years of the termination of marriage

 (d) None of these

(viii) A Muslim wife can unilaterally exercise the right of Talaq:

 (a) By Khula

(b) By Li’an

(c) By Tafweez

(d) None of these

(ix) The Dissolution of Muslim Marriages Act was enacted in:

 (a) 1939

(b) 1949

(c) 1961

(d) None of these

(x) What is the marriageable age for a male Muslim under the Pakistani Law:

 (a) 14 years

(b) 16 years

(c) 18 years

(d) None of these

(xi) Law governing Muslim Succession was enacted in:

 (a) 1929

(b) 1961

(c) 1979

(d) None of these

(xii) A Muslim man dies leaving behind two widows and a daughter. The collective share of the widows would be?

 (a) 1/8th

(b) 1/4th

(c) ½

(d) None of these

(xiii) A Muslim can bequeath 1/3rd of his property to his heirs:

 (a) With the consent of other heirs

(b) Without the consent of other heirs

 (c) With the approval of the court

(d) None of these

(xiv) The primary sources of Islamic Law are:

 (a) Two

(b) Three

(c) Four

(d) None of these

(xv) Amongst the first four Caliphs, whose period of Caliphate was the longest:

 (a) Hazrat Abu Bakr

(b) Hazrat Osman

(c) Hazrat Ali

(d) None of these

(xvi) The famous Jurist Al-qama was the pupil of:

 (a) Imam Abu Hanifa

(b) Ibn Abbas

(c) Ibn Mas’ud

(d) None of these

(xvii) Ijma means:

 (a) A gathering of Mujtahids

(b) Consensus of openion

(c) Law-making

(d) None of these

(xviii) Who was appointed as Qadi by Hazrat Abu Bakr?

 (a) Hazrat Omar

(b) Hazrat Osman

(c) Hazrat Ali

(d) None of these

(xix) Imam Ash-Shafi was the pupil of:

 (a) Imam Abu Hanifa

(b) Abu Yusuf

(c) Imam Malik

(d) None of these

(xx) Janayat deals with:

 (a) Crime

(b) Torts

(c) Sale

(d) None of these

PART – II

Q.2. Explain the essentials of a valid Gift. A, who owns a house, makes a Gift to B of the house and of the right to use a staircase used by him jointly with the owner of an adjoining house. It is a valid Gift? Explain. (20)

Q.3. A Muslim marriage is a civil contract. Do you think that the contracting parties have equal rights in rescinding a marriage contract? Give rationale. (20)

Q.4. Under Section 4 of the Muslim Family Laws Ordinance, an orphaned grandchild is entitled to the share of his/her predeceased parent. Explaining fully the issue, argue for or against the provision. (20)

Q.5. 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. (20)

Q.6. What is Ijtehad? What are the qualifications of a Mujatahid? Compare Ijtehad with Istihsan. (20)

Q.7. Explain fully the status of a bigamous marriage under the classical Islamic law and compare it with the Pakistani law. (20)

Q.8. Write a comprehensive note on Islamization of Laws in Pakistan. Do you think that Islamization of laws has in any way improved the judicial and governance systems of the country? (20)