USUL FIQH 2 SEM II 0708

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USUL FIQH 2 SEM II 0708

  1. 1. END-OF-SEMESTER EXAMINATION SEMESTER II, 2007/2008 SESSION AHMAD IBRAHIM KULLIYYAH OF LAWS Programme : Bachelor of Laws Level of : Third Study Reading Time : 2.30 p.m. – 2.45 p.m. Date : 27.3.2008 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 6 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) Muslim modernists viewed ma la ah al-mursalah as a principle of change and adaptability of Islamic law to the changing of time and needs of society. It also aims at the protection of an essential needs and removal of hardship, which closely related to ma la ah. In light of the above statement discuss the concept of ma la ah al-mursalah and its relation to ma la ah in this modern period. (7 marks) b) On 31st December 2007, the Council of ‘Ulama’ of the University of al-Azhar has issued a fatwā that the rape victim who became pregnant due to the rape case must undergo an abortion. The Council claims that this rule is to protect and preserve the social stability of the country. (Utusan Malaysia, 1st January 2008, p.1) Discuss the legality of the above fatw from the perspective of Islamic jurisprudence. (8 marks)
  3. 3. 3 QUESTION 2 a) There was a wide spread commercial practice among Muslims in the Andalus who traded commodities such as weapons with the Christians. Some Muslim jurists have prohibited such activity for many reasons. However, in the particular case of the Andalus, the Muslims were forced to carry such activity for food and clothing. Discuss the juristic views pertaining to the above issue and the principle of Islamic jurisprudence that can be applied to the above case. (8 marks) b) Explain the interconnection between ma la ah, isti sān and sadd al-dharā’ic . (7 marks) QUESTION 3 a) One of the customary law in one country, Maldisia, is the prohibition from marrying a cousin. In view of the above statement, discuss the validity of the custom from Islamic jurisprudence point of view. (7 marks)
  4. 4. 4 b) Discuss the meaning of ‘āmm and khā and explain the four important dependent proofs of specification. (8 marks) QUESTION 4 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 proved his innocent. Elaborate the above statement in accordance with the principle of isti ab (presumption of continuity) and support your answer with the relevant legal maxim. (6 marks) b) Define the meaning of mafhūm al-mukhālafah and discuss its classification in detail. (9 marks)
  5. 5. 5 QUESTION 5 a) Explain the meaning of mu laq and muqayyad and discuss the four possibilities of conflict between the former and the latter. (9 marks) b) State the differences between fatw of Companion and sharc man qablanā. (6 marks) QUESTION 6 a) The Prophet stated: “There is no fast (la iy ma) for anyone who has not intended from the night before.” Discuss the differences of interpretation between the Sh fic is and the anafis pertaining to the above adith. (6 marks)
  6. 6. 6 b) Explain the meaning of the following interpretation: i. the inferred meaning (dal lah al-na ) ii. the alluded meaning (ishārat al-na ) iii. the explicit meaning (‘ibārah al-na ) (9 marks)

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