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Islamic Jurisprudence (Paper II, LL.B I)

Course Contents.

1. History of the growth of the Muslim legal system

2. Sciences of Law, law and Classification of Laws

3. Sources of Law

a) The Qur’an and the Traditions b) Ijma and customs

4. Juristic Deduction

a) Qiy’as or Analogy b) Istehsan or Juristic Equity c) Istedlal d) Ijtehad and Taqlid

5. Acts, Rights and Obligations

6. Legal Capacity

7. Ownership and possession

8. Family laws

9. Torts and Crimes

10. Punishments

11. Procedure and Evidence

12. Constitutional and Administrative Law

13. The law regulating relation between Muslims and Non- Muslims.

Books Recommended

1. The early development of Islamic Jurisprudence by Ahmad Hassan.

2. ‘A History of Islamic law’ by NJ Coulson

3. Islamic Jurisprudence by Imran Ahmad Nyazee.

 

Exam Questions

2003

Q.1 Write an essay on the early development of Islamic Jurisprudence.

Q.2 What is the legal significance of Holy Quran having been revealed in piece-meal? Explain with reference to the context of Revelation.

Q.3 Discuss the authenticity of Hadith with reference to Islamic Law.

Q.4 Can a Modern Legislation be used for consensus of opinion? Explain with reference to present parliament of our country.

Q.5 Discuss in detail the necessity, importance and scope of Ijtehad with reference to the contemporary age.

Q.6 What is meant by Juristic Equity. Describe the different view points of the jurists on its authenticity.

Q.7 Write short notes on any TWO of the following:

Analogy as a Source of Law.

The Obligatory.

Doctrine of Public Good.

Imam Abu Hanifa or Imam Jafar Saddiq

2004

Q.1 What is meant by the term Islamic Jurisprudence and what is the effect of its development?

Q.2 a. Explain the basic difference between the Tort and Crime with the help of examples.

Q.2 b Describe different kinds of Crimes in Islam with reference to Rights.

Q.3 Compare the scope of Legislation in an Islamic State and Modern State with reference to Sovereignty.

Q.4 Explain the concept of Rights of Allah and Rights of People with the help of examples.

Q.5 a. What is the real concept of Ownership in Islam?

Q.5 b Describe difference modes of Acquisition of Ownership.

Q.6 a What is meant by Law?

Q.7 Write short notes on any TWO of the following:

Juristic Equity.

Consensus of Opinion.

Arbitration.

Analogy.

2005

Q.1 What is the importance of Ijtehad in Islamic Legal System? Discuss.

Q.2 What are the main School of Thoughts in Islamic Jurisprudence? Discuss any one of these schools in detail.

Q.3 What are the Primary and Secondary Sources of Islamic Law? Discuss one Primarey and one Secondary Source of Law in detail.

Q.4 Compare the Islamic System of Shura with the western system of democracy. Why Islamic system of Shura be adopted by the Islamic States? Give reasons.

Q.5 a. What is the concept of Partnership and its kinds?

Q.5 b. What can be the elements to dissolve partnership?

Q.6 How many classifications with reference to the Rights have been described by the Muslim Jurists? Discuss each class fully.

Q.7 Write short notes on any TWO of the following:

Difference between Sale and Gift.

Difference between Hadd and Qissas.

Difference between Istedal and Istehsan.

Difference between Vitiated and Void.

2006

Q 1 What is meant by the term “Islamic Jurisprudence”? Describe its development during the period of the Holy Prophet (P.B.U.H).

Q 2 Write a detailed note on the Holy Quran with reference to its teachings regarding their effects on the individual and collective life of the Muslims.

Q 3 a. What is meant by Taqleed?

Q 3 b. Whether Taqleed of Imams / Jurists is the need in the present age? Discuss briefly.

Q 4 Compare any TWO of the following juristic doctrines with examples.

Juristic Equity.

Doctrine of Public Good.

Reasoning (Istedlal).

Q 5 What do you understand by Haqooq-ul-Ibad and Haqqooq-ul-Allah? Discuss.

Q 6 a. What is the concept of Ownership?

Q 6 b. How ownership is acquired in Islam?

Q 7 Write short notes on any TWO of the following:

Analogy

Qualifications of Mujtahid.

Difference between valid and Irregular Acts.

Difference between Waqf and Will.

2007

What is the general concept of jurisprudence / Fiqh? Discuss its importance in Islam?

What is meant by the term Hadith? Differentiate between Continuous Tradition (Hadith-e-Mutawtir) and Isolated Traditions (Khabr-e-Wahid).

Explain the basic difference between Ijma and Ijtehad with the help of examples.

Classify the Natural Acts and Juristic Acts in Islam with the help of examples.

What is the difference between Possession and Ownership? What are the basic characteristics of Ownership in Islam?

Differentiate between Tort and Crime. Under what circumstances Punishment of Tazir can be inflicted in Islam.

Write short notes on any TWO of the following:

Difference between Gift and Sale.

Difference between Istehsan and Istadlal.

Difference between Maqallid and Muthahid.

Difference between Rights and Obligations.

2008

Q.1 Give a brief account of development of Islamic Jurisprudence during the period of Sahaba (The companions of the Messenger of Allah) and Tabieen.

Q.2 The Holy Quran is the main source of Islamic Law. Discuss it in detail.

Q.3 Who was the founder of juristic “Doctrine of Public Good”. Explain his doctrine with the help of examples.

Q.4 What is meant by legal capacity (Dhimma) in Islam? What factors cause defects in it and what are their consequences.

Q.5 Explain the basic difference between Taqleed and Ijethad with reference to their influence in the development of Islamic Jurisprudence.

Q.6 How Hadd can be distinguished from Qisas when punishment in both of them is fixed. What remedies are available to the aggrieved persons in the cases of the Qisas.

Q.7 Write short notes on any TWO of the following:

       (i) Darul-Salam and Darul-Harb

       (ii) Rights and duties of Non-Muslims in an Islamic State

       (iii) Puberty (Baloogh) in Islam

       (iv) Tazkyat-ush-Shahood

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Annual Examination 2008