Muslim Law and Jurisprudence CSS Paper 2002

Time Allowed: 3 Hours Maximum Marks: 100

NOTE: Attempt FIVE questions in all, including Question No. 8, which is Compulsory. All question carry equal marks.

  1. “The groundwork of the Mohammedan legal system, like that of other legal systems, is to be found in the customs and usages of the people among whom it grew and developed”. Discuss.

  2. “To some jurists the legal system of Islam is complex, uncertain and artificial.” Do you agree or disagree with this view?

  3. “The dominant idea of a contract in Muhammadan Law is that it establishes a lie of legal relations arising from the consent of the minds of two persons to deal with each other in respect of certain rights of theirs.” Elaborate this statement.

  4. Discuss the different principles which govern the question whether a child still inborn when a praepositus or testator dies, is entitled to succeed or to take a bequest. Explain how, and in what precise circumstances, these various principles are respectively applied.

  5. “In its strict technical sense an impediment to inheritance is a personal act or attribute when disqualifies from succession an individual who would otherwise be an entitled heir on the ground of either marriage or blood relation with the praepositus.” Discuss this statement both under Sunni law and Shia law.

  6. “Where the paternity of a child that is legitimate descent from his father cannot be proved by establishing a marriage between his patients at the time of his conception or birth, the Islamic law recognizes ‘acknowledgment’. Explain by stating valid conditions of acknowledgement.

  7. (a) Discuss “Cruelly” in the light of Dissolution of Muslim Marriages Act of 1939.
    (b) A husband is sentenced to imprisonment for a period of 7 years, while an appeal against this sentence is still pending. Can a Family Court pass a decree for Dissolution of Marriage against him on this ground?


  1. (A) Write only Yes/No in Answer Book. Don’t reproduce the question.

  2. The pre-Islamic Arabs used to swear by Humbul their chief.

  3. In the time of the Prophet (PBUH) female infanticide was not prevalent.
  4. Sale of dates on a tree inconsideration for plucked dates was called Muhaqalah.
  5. The legislative period of Islam commenced with the Hijrat of the Prophet (PBUH) i.e. (AD 632).
  6. Abu Hanifa is called the ‘upholder of private judgment’.
  7. Raja is the kind of talaq which separates.
  8. An heir or successor by contract is called dhaui’ Larham.
  9. When certain primary public rights are violated the wrong is called uquoat.
  10. The office of Imam is elective and is based on Ijma.
  11. A gift of an undivided share is called Bai-ul-wafa.

(B) Write only correct answer in the Answer Book. Don’t reproduce the questions.

  1. Sale of money for money is called:
    (a) Bai (b) Wadi (c) Urban (d) Sarf e. None of these

  2. Al-qama and Aswad were the pupils of:
    (a) Ibn Abbas (b) Ibn Umar (c) Ibn Masud (d) Zaid e. None of these

  3. Abu Hanifa was born in the year:
    (a) AH 80 (b) AH 100 (c) AH 125 (d) AH 132 e. None of these

  4. Imam Muhammad and Imam Abu Yusuf were the disciples of:
    (a) Imam Ahmad Ibn Hanbal (b) Imam Shafi (c) Imam Abu Hanifa (d) Hammad e. None of these

  5. Iddat in case of death of husband is:
    (a) 3 months 10 days (b) 4 months 20 days (c) 4 months 10 days (d) None of these

  6. A woman is disqualified for the office of Qadi according to:
    (a) Hanafis (b) Malikis (c) Shafi’is (d) None of these

  7. According to Imam Abu Hanifa a Qadi should not be allowed to hold office for more than:
    (a) Three years (b) Two years (c) One year (d) Five years e. None of these

  8. “Tafsir-i-Ahmadi” was written by:
    (a) Fakhruddin-Razi (b) Mulla Ji’Wan (c) Baidawi (d) Ghazzali e. None of these

  9. ‘Fatawa Alamgiri’ was complied in the:
    (a) Tenth century of the Hijra (b) Fifteenth century of the Hijra (c) Eleventh century of the Hijra (d) None of these

  10. Mutual imprecation is called:
    (a) Zihar (b) Mubarra (c) Li’an (d) Khula


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