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  • 1. END-OF-SEMESTER EXAMINATION SEMESTER I, 2008/2009 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 : 28.10.2008 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 QUESTION 1 a) It is a common practice among housing developers to sell houses which are yet to be built. Generally, this practice contradicts the requirements of a valid contract of sale which requires that the subject matter of a contract must exist at the time of conclusion of the contract. Discuss the relevant principle of Islamic jurisprudence that justifies this type of sale. (7 marks) b) Istihsan is a form of opinion which gives preference to the best of various solutions that may exist for a particular problem. However, some jurists opposed the application of istihsan and approved istislah. Compare and contrast between istihsan and istislah. (8 marks)
  • 3. 3 QUESTION 2 a) There is an increased awareness among the consumers on the importance of healthy lifestyle and the demand for the Halal food supply. These factors have led several governments around the world to implement more stringent food quality and safety regulations to comply with the development of Halal food industry. Describe the relevance of istishab and other related legal maxim in the development of Halal industry. (7 marks) b) Recently, the Malaysian government has imposed a regulation that makes the fastening of seat belts mandatory for drivers and passengers alike for safety reasons. However, there were objections these with big families who could not afford to buy bigger size of cars. Elaborate the principle of Islamic jurisprudence that can be applied to support this regulation. (8 marks)
  • 4. 4 QUESTION 3 a) Due to the increasing rate of road accident, the government of Maldisia has launched a campaign preventing drivers from using mobile phone while driving, in order to reduce road accidents in the country. Discuss the position of this campaign from the perspective of Islamic jurisprudence. (8 marks) b) Discuss the classification of maslahah according the degree of priority. (7 marks) QUESTION 4 a) The Quranic evidence provides: “Let those who posses means pay according to their means.” (al-Talaq 65:7) In light of the above Quranic evidence discuss to what extent custom is applicable in Islamic law (8 marks) b) Discuss the juristic views pertaining to the authority of fatwa of Companions on the next generation of mujtahidun. (7 marks)
  • 5. 5 QUESTION 5 a) The Qur’an on the whole confirms Torah and Bible, and whenever a ruling of the previous scriptures is quoted without abrogation, it becomes an integral part of the Shari’ah of Islam. Based on the above statement, describe the position of previous teaching (Shar’u man Qablana) in Islamic law. (7 marks) b) The effect of ‘amm is that it remains general until there is a specifying clause that limits the application. Discuss the way of takhsis (specification) to the general rule in al-Quran. (8 marks)
  • 6. 6 QUESTION 6 a) Differentiate between the alluded meaning (isharah al-nas) and the inferred meaning (dalalah an-nas). (7 marks) b) As-Shafi’i classified dalalah al-mafhum into mafhum al-muwafaqah and mafhum al-mukhalafah. Discuss the four types of mafhum mukhalafah and support your answer with relevant examples. (8 marks)