CSS Muslim Law Jurisprudence Past Paper 2017

Instructions specific to this paper

• Attempt ONLY FOUR questions from PART-II. ALL questions carry EQUAL marks.

Questions

1. Q. 220 marks

   Give your peer analysis about the approaches of Al-Ghazālī and Al-Shāṭibī on the doctrine of maqāṣid al-Sharīʻah. Explore the primary and secondary purposes of this doctrine and discuss whether maqāṣid al-Sharīʻah are definite in number as determined by the earlier jurists or they may be increased.

2. Q. 320 marks

   Muslim jurists classified offences on the basis of right. Why was there need of this classification? What important consequences flow from it and what will be the result if this classification is changed?

3. Q. 420 marks

   Define ʻAqd’ according to Muslim jurists. Which are the circumstances that affect the legal capacity of the parties to execute a contract under Islamic Sharīʻah?

4. Q. 520 marks

   Discuss critically the admissibility of inserting stipulations in a marriage contract by the parties. Your answer should be based on the debates of classical Muslim jurists and modern scholars. Your own opinion is also required.

5. Q. 620 marks

   Imām Shāfiʻī studied deeply the principles of Ḥanafī school of law. He disagreed with some views of Ḥanafī jurists and established his own independent school. What were his differences with Ḥanafīs and what did he contribute in modification of Islamic law and jurisprudence?

6. Q. 720 marks

   The four Sunni canonical schools hold Ijmāʻ to be a valid source of law. But it is said that “there is no workable machinery for the selection of qualified jurists to take part in Ijmāʻ and for establishing their deliberations in an authoritative form”. Discuss and give arguments for and against this opinion.

7. Q. 820 marks

   Write notes on the following topics: (5 marks each) (A) Analysis of the terminology Uṣūl al-fiqh (B) Status of mutawatir tradition (C) Ṭalāq rajʻī and its rules (D) Section 4 of Muslim Family Law Ordinance 1961

Standard FPSC instructions

Printed on this and every CSS paper.

• Part-II is to be attempted on the separate Answer Book.
• All the parts (if any) of each question must be attempted at one place instead of at different places.
• Write Q. No. in the Answer Book in accordance with Q. No. in the question paper.
• No page/space be left blank between the answers. All the blank pages of the Answer Book must be crossed.
• Extra attempt of any question or any part of the attempted question will not be considered.