CSS Muslim Law & Jurisprudence Past Paper 2015

PART-II (Subjective) 80 Marks

Attempt ONLY FOUR questions from PART-II. (20×4)

PART-II

Q.2. It was during the reign of Abbasides that four Sunni Schools of Law were founded. Discuss how codification of laws was carried out by Abu Hanifa and his disciples.

Q.3. ‘Recent changes in the law of succession… All point in the same direction and have been inspired by the same social purpose – namely, the strengthening of the rights of succession of those relatives who form the nucleus as opposed to the tribal family’. Discuss the statement with reference to the Muslim Family Laws Ordinance 1961.

Q.4. Discuss the different principles which govern the question whether a child still unborn 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.

Q.5. In what circumstances, according to the different schools of traditional Shari’a Law, does homicide constitute an impediment to inheritance? Explain in detail.

Q.6. “Under Islamic Law, the punishments of Hadd, Ta’zir, and Qisas are linked to the rights of God and rights of men respectively”. Explain the legal consequences emanating from these rights.

Q.7. Consider the purpose, the significance of the effect, according to the various schools of traditional Islamic Jurisprudence, of the maxim: ‘No bequest in favour of a legal heir’.

Q.8. Write notes on the following:
(A) Musha
(B) Areeat
(C) Sadqah
(D) Estoppel