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FPSC · CSS 2017

Muslim Law & Jurisprudence

100 marks · 3 hours · 7 questions
This paper Muslim Law & Jurisprudence · all yearsQ. 2 · Give your peer analysis about…Q. 3 · Muslim jurists classified offences on…Q. 4 · Define 'Aqd' according to Muslim…Q. 5 · Discuss critically the admissibility of…Q. 6 · Imām Shafi'ī studied deeply the…Q. 7 · The four Sunni canonical schools…Q. 8 · Write notes on the following…With this paper← 20152018 →
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Part II

Q. 2

Give your peer analysis about the approaches of Al-Ghazālī and Al-Shāțibī on the doctrine of maqāșid al-Sharīʻah. Explore the primary and secondary purposes of this doctrine and discuss whether maqāșid al-Sharīʻah are definite in number as determined by the earlier jurists or they may be increased.

(20)
Q. 3

Muslim jurists classified offences on the basis of right. Why was there need of this classification? What important consequences flow from it and what will be the result if this classification is changed?

(20)
Q. 4

Define 'Aqd' according to Muslim jurists. Which are the circumstances that affect the legal capacity of the parties to execute a contract under Islamic Sharī ah?

(20)
Q. 5

Discuss critically the admissibility of inserting stipulations in a marriage contract by the parties. Your answer should be based on the debates of classical Muslim jurists and modern scholars. Your own opinion is also required.

(20)
Q. 6

Imām Shafi'ī studied deeply the principles of Hanafi school of law. He disagreed with some views of Hanafi jurists and established his own independent school. What were his differences with Hanafīs and what did he contribute in modification of Islamic law and jurisprudence?

(20)
Q. 7

The four Sunni canonical schools hold Ijmāʻ to be a valid source of law. But it is said that “there is no workable machinery for the selection of qualified jurists to take part in Ijma' and for establishing their deliberations in an authoritative form”. Discuss and give arguments for and against this opinion.

(20)
Q. 8

Write notes on the following topics:

  1. (a)Analysis of the terminology Uşūl al-fiqh [5]
  2. (b)Status of mutawatir tradition [5]
  3. (c)Talaq raj'ī and its rules [5]
  4. (d)Section 4 of Muslim Family Law Ordinance 1961 [5]
(20)

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About this paper

The 2017 CSS Muslim Law & Jurisprudence paper set by the FPSC. Question wording only; questions marked “Not yet checked” have not been compared with the official paper yet.

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