CSS Muslim Law & Jurisprudence Past Paper 2012
PART-II (Subjective) 80 Marks
Attempt ONLY FOUR questions from PART-II. (20×4)
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?
Q.3. Is Khula‘ an absolute right of a woman or is it subject to some conditions? How can she use this right and what are the legal effects of Khula‘?
Q.4. What is the difference between Istehsan and Maslahah Mursalah? How can they be used to deduce laws in new problems which are not covered by the Qur’an, the Sunnah, or Ijma‘?
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 can waq’f be used in a better way? Give your suggestions.
Q.6. Many Muslim scholars have criticized some sections of the Muslim Family Laws Ordinance 1961, stating that they are not in accordance with the injunctions of Shari‘ah. Give your opinion and support it with arguments.
Q.7. Define legal capacity (Al-Ahliyyah). Discuss the legal capacity of a minor (sabi).
Q.8. Write notes on the following topics:
(a) Mujtahid Fi Al-Shar‘
(b) Proper dower
(c) Plain and allusive words
(d) Dhawi Al-Furud