CSS Muslim Law & Jurisprudence Past Paper 2002
PART-II (Subjective) 80 Marks
Attempt ONLY FOUR questions from PART-II. (20×4)
PART-II
Q.2 “The groundwork of the Mohammedan legal system, like that of other legal systems, is to be found in the customs and usages of the people among whom it grew and developed”. Discuss.
Q.3 “To some jurists the legal system of Islam is complex, uncertain and artificial.” Do you agree or disagree with this view?
Q.4 “The dominant idea of a contract in Muhammadan Law is that it establishes a lie of legal relations arising from the consent of the minds of two persons to deal with each other in respect of certain rights of theirs.” Elaborate this statement.
Q.5 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.6 “In its strict technical sense an impediment to inheritance is a personal act or attribute that disqualifies an individual from succession, 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.
Q.7 “Where the paternity of a child that is legitimate descent from his father cannot be proved by establishing a marriage between his parents at the time of his conception or birth, the Islamic law recognizes ‘acknowledgment’. Explain by stating valid conditions of acknowledgment.
Q.8
(a) Discuss “Cruelly” in the light of the 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?