Muslim Law and Jurisprudence CSS Paper 2006

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.

Q.1 a- What is Proper dower? How is it fixed?
b- Define Prompt and Deferred Dower. How will the dower be fixed under the Muslim Family Law Ordinance ,1961, when the mode of payment of dower is not specified in Nikah- Nama?

Q.2 a- What are essentials of a Gift? Under what circumstances can a ‘gift’ not be revoked?
b- What is the difference between the hiba-bil-iwaz and hiba ba shartul iwaz?

Q.3 A Muslim dies leaving a daughter’s son and a full brother. How will the estate of the deceased be distributed according to (a) Sunni Law (B) Shia Law

Q.4 a- When are females disqualified from the custody of minor children under Muslim Law?
b- Is it open to a de facto guardian to alienate the immovable property of a minor? Discuss.

Q.5 What are essentials of a valid marriage? From what circumstances in the absence of direct proof , may marriage be presumed?

Q.6 Distinguish between the ‘Right of Guardianship’ and ‘the Right of Custody’. Can the two rights simultaneously exist in two different persons?

Q.7 Why the Islamic Law is inclined towards strict punishments? Explain your answer with special reference to Hadd, Tazir and Qisas.

Compulsory Question

Q.8 a- write only YES/ NO in the Answer Book.

1- Istidlal and IJTEHAD are one and the same thing.
2- Islam recognizes / maintains all the customs of the Arabs as good law.
3- Injunctions (Ahkams) in Islam are divided in TWO categories.
4- Marriage with 5th wife when 4 are already there, is void.
5- Dissolution of Muslim Marriage Act 1939, confers upon a Muslim wife the right to divorce her husband by judicial decree if the husband has neglected or failed to provide her maintenance for a period of 2 years.
6- A de facto guardian has the power or authority to alienate the immovable property of the minor.
7- A de facto guardian can refer any dispute regarding the immovable property of the minor to any arbitration.
8- The guardian of the person of the minor or the custody of the minor, is guardian for all purposes.
9- Main sources of Revenue of an Islamic state are five.
10- A bequest to a person born 2 years after the testators’s death is valid.

(B) Choose the best option.
11- According to Hanafi Law a gift of an undivided share (MUSHA) in a thing capable of division is:
(a) Valid (b) Void (c) None of these

12- A gift made to a non mulim a Muslim is :
(a) Valid (b) Void (c) None of these

13- ‘A’ makes a gift of his house to ‘B’ , to take effect on B’s marrying ‘C’. the gift is:
(a) Valid (b) Void (c) None of these

14- A, a Muslim, makes a gift of a motor car to his sister-in-law and gives possession of the car to her. Thereafter ‘A’ revokes the gift. The revocation is:
(a) Valid (b) Void (c) None of these

15-In Islamic Law a waqf fo 20 years is:
(a) Valid (b) Void (c) None of these

16- “A” Hanafi Muslim executes a deed of waqf by which he deserves the whole legal and beneficial interest to himself during the life time. Is the waqf:
(a) Valid (b) Void (c) None of these

17- Under Islamic Law, there are 2 kinds of punishments
(a) 3 kinds (b) 4 kinds

18- A bequest to a child in the womb is valid if it is born within
(a) 3 months of the date of will (b) 4 months (c) None of these

19- Under the Islamic Law
(a) Talaq is of 2 kinds (b) 3 kinds (c) none of these

20- Under Islamic Law, Extra- Judicial, Remedies of torts are
(a) 2 kinds (b) 3 kinds (c) None of these


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