SEMESTER I, 2006/2007 SESSION
AHMAD IBRAHIM KULLIYYAH OF LAWS
Programme : Bachelor of Laws Level of : Third
Reading Time : 2.30 p.m. – 2.45 p.m. Date : 4.11.2006
Duration : ( 15 minutes )
Answering Time : 2.45 p.m. – 5.45 p.m. Section(s) : All Sections
Duration ( 3 hours )
Course Title : Usul al Fiqh II Course Code : SHA 3411
This Question Paper Consists of 5 Printed Pages With 6 Questions.
INSTRUCTIONS TO CANDIDATES
DO NOT OPEN UNTIL YOU ARE ASKED TO DO SO.
Answer FOUR (4) Questions Only.
Any form of cheating or attempt to cheat is a serious
offence which may lead to dismissal
i. Describe the differences between personal reasoning (ijtihad), juristic opinion
(fatwa) and consensus (ijmac
) in Islamic jurisprudence. In your answer also explain
as to how these three concepts can relate to one another.
ii. Some legal scholars such as Abdul Wahab Khallaf, Muhamad Iqbal and Mahmud
Shaltut are of the opinion that consensus (ijmac
) according to its classical
formulations is not feasible in today’s context.
Discuss the recommendations by these scholars in order to make ijmac
current needs and requirements of statutory legislation in a Muslim country.
i. Al-Sarakhsi explained that istihsan contemplates the consequences of the legal
rules and the selection of one that brings facility and ease in particular cases.
In light of the above statement, explain the concept of istihsan and provide three
examples of the application of this principle.
ii. One of the conditions of the ‘illah is that it should be an attribute that is appropriate
(munasib) with the purposes of the law (maqasid as-Sharic
Explain the above condition and state and explain how hikmah and ‘illah differ
from one another.
i. Discuss the juristic views and limitations, if any, pertaining to the application of
qiyas in criminal matters. Are there any differences among the leading schools of
Islamic law on this issue?
ii. Discuss the objectives of Sharic
ah (maqasid as-Sharic
ah) and the approaches that
are taken to achieve those objectives. Support your answer by giving the relevant
evidence from al-Qur’an and Sunnah and the opinion of jurists such as Imam al-
Ghazali and Ibn Qayyim al-Jawziyyah.
i. Article 43 of the Mejelle provides, “A thing known by common usage is like a
stipulation which has been made”. (Al-ma’ruf ‘urfan ka al- mashrui sharian)
Explain the meaning of this legal maxim and support your answer with a suitable
ii. Define a Companion (sahabi) of the Prophet and the principle of Fatwa al-sahabi.
Explain the reasons why the majority of jurists consider the fatwa of sahabi
authoritative such that it commands priority over the ijtihad of other mujtahidun.
i. In order to be a valid basis of legislation and ijtihad, maslahah must fulfill a
number of conditions. Specify these conditions and illustrate your answer with
ii. The Muslim jurists are in agreement on the validity of certain varieties of sadd al-
but they tend to disagree on others. Discuss the varieties of sadd al-
and any differences the Muslim jurists might have expressed concerning
them. Illustrate your answer with suitable examples.
i. The Religious authorities of Johor have proposed the mandatory screening for HIV
test for every couple who want to get married. However, there are some
oppositions from people who claim that this is violating the rights of the individual.
Discuss the above proposal from Islamic jurisprudence point of view and specify
the relevant principles that can support the idea of making HIV screening a
ii. Explain the relationship between the principle of istishab and the Islamic legal
maxim al-bara’ah al-dhimmah al-asliyyah