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  1. 1.   INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA END-OF-SEMESTER EXAMINATION SEMESTER II, 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 : 7.6.2012 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 Statutes should be free from any form of annotation. APPROVED BY
  2. 2. 2        QUESTION 1 (a) Elaborate the concept of istihsan and explain the juristic arguments pertaining to its validity as a source of Shari’ah. (7 marks) (b) Looking at the current situations, Muslim jurists are of the view that registration of marriage and its documentation should be made compulsory. Thus, it is necessary in Islam to register the marriage. This opinion is said to be based on the usuli principles of Shari’ah. Discuss the relevant usuli principles that support the requirement of registration of marriage. (8 marks) QUESTION 2 (a) Explain the principle of al-istislah, its dalil and views of the Muslim jurists for and against istislah as a source of Shari’ah. (8 marks) (b) Hakim, who practices polygamy, has recently pronounced talaq to one of his two wives. However, now he is not certain as to which one. Based on the above problem, discuss the principle of istishab and the opinion of the jurists as to the position of the divorce pronounced. (4 marks)
  3. 3. 3        (c) Ali continues eating at dawn during the month of Ramadhan while suspecting that he might be late but still eats his sahur. Based on the principle of istishab, explain the status of his fasting. (3 marks) QUESTION 3 (a) The Muslim jurists are in agreement on the validity of certain varieties of sadd al- dhara’i but they tend to disagree on others. Discuss the varieties of sadd al-dharai’ and any differences the Muslim jurists might have expressed concerning them. Illustrate your answer with suitable examples. (7 marks) (b) In 2010, the National Council for Fatwa Islamic Affairs Malaysia had discussed the issue of appointing a non-Muslim as Peguam Syarie. Having reviewed the evidence, arguments and views expressed, the Muzakarah is of the view that to become a syarie lawyer one should be able to master the knowledge of the Qur’an and al-Hadith, Arabic, fiqh and usul fiqh and it should be based on the faith in Allah SWT. Thus, a non-Muslim may not be permissible to act as Syarie Lawyer. Discuss the relevant usuli principles as to whether a non-Muslim can be appointed as Syarie Lawyer. (8 marks)
  4. 4. 4        QUESTION 4 (a) “It is not permissible for women to drive an automobile, for that will entail unveiling her face or part of it. Additionally, if her automobile were to break down on the road, if she were in a accident or if she were issued a traffic violation she would be forced to co-mingle with men.” Analyse the above statement based on the principle of sadd al-dharai’. (6 marks) (b) Discuss juristic views on ‘urf as a source of law. (4 marks) (c) How does the general ‘urf differ with specific ‘urf. Explain the juridical value of each and illustrate your answer with one example. (5 marks)
  5. 5. 5        QUESTION 5 (a) Define a Companion of Prophet Muhammad s.a.w and the principle of fatwa al- sahabi. Explain the reasons why the majority of Muslim jurists consider the fatwa of sahabi authoritative such that it commands priority over the ijtihad of other mujtahidun. (8 marks) (b) Discuss as to whether the revealed laws preceding the Shariah of Islam bind Muslims or not? (7 marks) QUESTION 6 (a) The Shafi’is have initially divided al-dalalah into two main varieties namely, dalalah al-mantuq and dalalah al-mafhum. Explain dalalah al-mafhum and support your answer with the relevant examples. (7 marks) (b) Takhsis (specification) is divided into dependent and independent clause. Explain with examples the type of takhsis of the dependent clause. (8 marks)