USUL FIQH 2 SEM I 1112

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USUL FIQH 2 SEM I 1112

  1. 1. END-OF-SEMESTER EXAMINATION SEMESTER1, 2011/2012 SESSION AHMAD IBRAHIM KULLIYYAH OF LAWS Programme : Bachelor of Laws Level of : Third Study Reading Time : 9.00 a.m. – 9.15 a.m. Date : 31.12.2011 Duration : ( 15 minutes ) Answering Time : 9.15 a.m. – 12.15 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 APPROVED BY
  2. 2. 2 QUESTION 1 a. Imam al-Shafi’e has raised serious objections against istihsan which he considered to be a form of pleasure-seeking and ‘arbitrary law-making in religion’. Elaborate the above statement and explain the juristic views which reject the application of istihsan. (7 marks) b. Confidentiality is commonly applied to conversations between doctors and patients. This concept is commonly known as patient-physician privilege. Legal protection prevents physicians from revealing their discussion even under oath in court. However, numerous exceptions to the rules have been carved out over the years. For example, many states require physicians to report gunshot wounds to the police and impaired drivers to the Department of motor Vehicles. Confidentiality is also challenged in cases involving the diagnosis of a sexually transmitted disease in a patient who refuses to reveal the diagnosis to a spouse. In light of the above statement, discuss the principle of Islamic jurisprudence that can be applied to the exception to the above code of ethics. (8 marks)
  3. 3. 3 QUESTION 2 a. Facebook has been critized for many things, but mostly for being a source of destruction that can turn Facebook users into real social networking addicts. Stalking people. Hacking into accounts, getting too much involved with unknown people and being deprived from real life are some of the broadly recognize negative effects of Facebook. Discuss the above issues in reference to the principle of sadd al-dharai’i’ as to decide whether or not Facebook should be banned on the Muslims. (9 marks) b. Explain the interconnection between sadd al-dhara’i’ and maslahah al-mursalah. (6 marks) QUESTION 3 a. In a criminal trial, an accused person must be brought to justice without having any of his rights violated. In other words, the accused must be given the opportunity to be heard and prove his innocence. Elaborate the above statement in accordance with the principle of istishab and support your answer with the relevant legal maxim. (7 marks)
  4. 4. 4 b. Certain conditions must be fulfilled in order to validate reliance on maslahah mursalah (the unrestricted maslahah). Discuss the conditions of maslahah mursalah and support your answer with the relevant examples. (8 marks) QUESTION 4 a. A legal maxim states that “al-ma’aruf ‘urfan ka al-mashrut shartan” (The accepted custom is similar to the stipulated agreement). Explain the above legal maxim in relation to the status of custom and agreement in Islamic law. (7 marks) b. Discuss the juristic views pertaining to the binding effect of the fatwa of Companion on the succeeding generations of mujtahid. (8 marks)
  5. 5. 5 QUESTION 5 a. The Shari’ah has retained many of the previous revealed laws while it has in the meantime abrogated or suspended others. Discuss the position of the previous revealed laws (Shar’u man Qablana) in Islamic law. (7 marks) b. Explain the meaning of mafhum al-mukhalafah and discuss its classification in detail. (8 marks) QUESTION 6 a. Discuss the meaning of ‘amm and khass and explain the four important dependent proofs of specification (takhsis). (8 marks) b. Elaborate the meaning and the nature of the following textual implication (al- dalalah): i. The explicit meaning (‘ibarah al-nass) ii. The required meaning (iqtida’ al-nass) iii. The inferred meaning (dalalah al-nass) (7 marks)

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