Civil Judge Examination Islamic Jurisprudence Syllabus

Islamic Jurisprudence syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Islamic Jurisprudence in Civil Judge Examination, not a summary of it.

1. 1

   Sources of Islamic Law

   3 topics

   • Primary Sources
   • Secondary Sources
   • Ijtihad and Taqlid
2. 2

   Schools of Islamic Jurisprudence

   3 topics

   • Sunni Schools (Hanafi, Maliki, Shafi'i, Hanbali)
   • Shia (Jafaria) School
   • Comparative Application in Pakistan
3. 3

   Islamic Law of Inheritance

   3 topics

   • Principles of Mirath
   • Distribution of Estate
   • Will (Wasiyya) and Gift (Hiba)
4. 4

   Islamic Personal Law

   4 topics

   • Marriage (Nikah) and Its Conditions
   • Dissolution of Marriage (Talaq, Khula, Faskh)
   • Dower (Mahr) and Maintenance (Nafqa)
   • Legitimacy and Guardianship
5. 5

   Islamization of Laws in Pakistan

   3 topics

   • Hudood Ordinances, 1979
   • Offences of Qisas and Diyat
   • Federal Shariat Court and Its Jurisdiction

Islamic Jurisprudence flashcards for Civil Judge Examination

21 of 63 cards from the Islamic Jurisprudence deck — real questions with worked answers.

1. What are the two primary sources (al-adillah al-asliyyah) of Islamic law agreed upon by all Sunni schools?

   The Quran and the Sunnah (the sayings, actions, and tacit approvals of the Prophet Muhammad PBUH).

2. Define 'Sunnah' as a primary source of Islamic jurisprudence and name its three categories.

   Sunnah is the recorded practice of the Prophet (PBUH). Its three categories are: Qawl (sayings/Hadith), Fi'l (actions/deeds), and Taqrir (tacit approvals/silent endorsements).

3. What is 'Ijma' and which scholars' agreement does it require?

   Ijma is the consensus of qualified Muslim jurists (mujtahids) of a particular age on a point of Islamic law. It is the third source of law after the Quran and Sunnah.

4. Define 'Qiyas' (analogical reasoning) and state its four essential elements (arkan).

   Qiyas is extending a ruling from an original case to a new case based on a shared effective cause (illah). Its four elements are: Asl (original case), Far' (new case), Hukm (ruling of the original), and Illah (effective cause).

5. List the four sources of Islamic law in their order of authority as accepted by the majority of Sunni jurists.

   1. Quran, 2. Sunnah, 3. Ijma (consensus), 4. Qiyas (analogical deduction).

6. What is 'Istihsan' as a secondary source of Islamic law, and which school particularly relies on it?

   Istihsan is juristic preference — departing from a strict analogy (qiyas) in favor of a ruling that better serves justice or public interest. It is especially associated with the Hanafi school.

7. Define 'Istislah' / 'Maslaha Mursala' as a secondary source.

   Istislah (maslaha mursala) is consideration of public interest/welfare to derive rulings on matters not addressed by the texts, where there is no specific evidence affirming or rejecting it. It is most associated with the Maliki school.

8. What is 'Istishab' as a principle of Islamic jurisprudence?

   Istishab is the presumption of continuity — the assumption that a state of affairs known to exist continues to exist until proven otherwise (e.g., presumption of innocence, presumption that a missing person is alive).

9. What is 'Urf' in Islamic law and what conditions must it meet to be a valid source?

   Urf is custom or established practice of a community. To be valid it must be prevalent and consistent, not contradict an explicit text of the Quran or Sunnah, and exist at the time of the transaction.

10. Define 'Ijtihad' and state who is qualified to exercise it.

    Ijtihad is the independent exertion of effort by a qualified jurist (mujtahid) to derive a legal ruling from the sources. It is exercised only by a mujtahid who meets requirements such as mastery of Arabic, the Quran, Sunnah, and principles of jurisprudence.

11. Define 'Taqlid' and contrast it with Ijtihad.

    Taqlid is following the legal opinion of a qualified jurist without independently examining the evidence. Ijtihad is deriving rulings directly from the sources, whereas Taqlid is acceptance of another's derived ruling.

12. Name the four major Sunni schools of jurisprudence (madhahib) and their founders.

    Hanafi (Imam Abu Hanifa), Maliki (Imam Malik ibn Anas), Shafi'i (Imam Muhammad ibn Idris al-Shafi'i), and Hanbali (Imam Ahmad ibn Hanbal).

13. Which Sunni school is predominant in Pakistan and governs most Muslim personal law cases?

    The Hanafi school is predominant among Sunni Muslims in Pakistan and governs the majority of Muslim personal law matters.

14. What distinctive sources/methods characterize the Hanafi school?

    Heavy reliance on Qiyas, Istihsan (juristic preference), and Urf (custom), with comparatively cautious acceptance of solitary (ahad) Hadith. Founded by Imam Abu Hanifa (Kufa).

15. What is a distinctive source of the Maliki school not emphasized equally by others?

    The practice of the people of Medina ('Amal Ahl al-Madina') as living Sunnah, along with Maslaha Mursala (public interest). Founded by Imam Malik.

16. What is Imam al-Shafi'i's chief contribution to Islamic jurisprudence?

    He systematized usul al-fiqh (legal theory) in his work 'Al-Risala,' establishing a clear methodology and the four-source hierarchy. The Shafi'i school emphasizes Hadith and strict Qiyas while rejecting Istihsan.

17. What characterizes the Hanbali school's approach to sources?

    Strong reliance on the Quran and Sunnah (including weaker Hadith over analogy), strict textualism, and limited use of analogy. Founded by Imam Ahmad ibn Hanbal.

18. Name the principal Shia school of jurisprudence applied in Pakistan and one distinctive source it recognizes.

    The Ithna Ashari / Jafaria (Imami) school, named after Imam Ja'far al-Sadiq. It recognizes 'Aql' (reason/intellect) as a source in place of Qiyas, and rejects analogy as practiced by Sunnis.

19. State one major difference between Sunni (Hanafi) and Shia (Jafaria) law regarding inheritance of daughters.

    In Jafaria (Shia) law, a sole daughter (with no sons) can inherit the entire estate (her share plus return/radd), excluding more distant agnates. In Hanafi (Sunni) law, a sole daughter takes one-half as Quranic share and residue may pass to agnatic male relatives.

20. Under Jafaria (Shia) law, how does a temporary marriage differ from Sunni law?

    Jafaria law permits 'Muta' (temporary/fixed-term marriage), which is prohibited (invalid) under all Sunni schools.

21. What is the legal basis for applying different schools of personal law to Muslims in Pakistan?

    Under the Muslim Personal Law (Shariat) Application Act 1962 and the Shariat Application Act 1937, a Muslim's personal matters are governed by the rules of the school (Hanafi, Jafaria, etc.) to which the individual belongs.

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