SEMESTER1, 2011/2012 SESSION
AHMAD IBRAHIM KULLIYYAH OF LAWS
Programme : Bachelor of Laws Level of : Third
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
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
Elaborate the above statement and explain the juristic views which reject the
application of istihsan.
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.
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.
b. Explain the interconnection between sadd al-dhara’i’ and maslahah al-mursalah.
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.
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
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.
b. Discuss the juristic views pertaining to the binding effect of the fatwa of
Companion on the succeeding generations of mujtahid.
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
b. Explain the meaning of mafhum al-mukhalafah and discuss its classification in
detail. (8 marks)
a. Discuss the meaning of ‘amm and khass and explain the four important dependent
proofs of specification (takhsis).
b. Elaborate the meaning and the nature of the following textual implication (al-
i. The explicit meaning (‘ibarah al-nass)
ii. The required meaning (iqtida’ al-nass)
iii. The inferred meaning (dalalah al-nass)