SEMESTER II, 2007/2008 SESSION
AHMAD IBRAHIM KULLIYYAH OF LAWS
Programme : Bachelor of Laws Level of : Third
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
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.
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
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
Discuss the juristic views pertaining to the above issue and the principle of
Islamic jurisprudence that can be applied to the above case.
b) Explain the interconnection between ma la ah, isti sān and sadd al-dharā’ic
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.
b) Discuss the meaning of ‘āmm and khā and explain the four important
dependent proofs of specification.
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.
b) Define the meaning of mafhūm al-mukhālafah and discuss its classification in
a) Explain the meaning of mu laq and muqayyad and discuss the four possibilities of
conflict between the former and the latter.
b) State the differences between fatw of Companion and sharc
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.
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 )