Civil Judge Examination Islamic Jurisprudence Syllabus

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.

In Pakistan, which law governs a Muslim's questions of inheritance, marriage, and divorce?

Muslim Personal Law (Shariat) as applied through the Muslim Personal Law (Shariat) Application Act 1962, supplemented by the Muslim Family Laws Ordinance 1962 and the Dissolution of Muslim Marriages Act 1939.

What is 'Mirath' (Islamic law of inheritance) and what is its scriptural foundation?

Mirath is the Islamic law of succession governing distribution of a deceased Muslim's estate. Its foundation is primarily Surah al-Nisa (Quran 4:11, 4:12, and 4:176), supplemented by Sunnah and Ijma.

List the four obligations to be discharged from a deceased's estate, in order, before distribution to heirs.

1. Funeral/burial expenses, 2. Payment of debts of the deceased, 3. Execution of bequests (wills) up to one-third, 4. Distribution of the residue among legal heirs.

Name the three principal classes of heirs under Sunni (Hanafi) law of inheritance.

1. Sharers (Ashab al-Furud / Quranic heirs with fixed shares), 2. Residuaries (Asabat / agnatic heirs), 3. Distant Kindred (Dhawul Arham).

Who are the 'Sharers' (Ashab al-Furud) in Islamic inheritance?

Heirs entitled to fixed fractional shares prescribed by the Quran, such as husband, wife, father, mother, daughter, full/consanguine sister, and uterine siblings.

What is the general Quranic rule regarding the share of a male versus a female of the same degree?

A male generally takes a share equal to that of two females ('to the male a portion equal to that of two females' — Quran 4:11), e.g., son and daughter inherit in a 2:1 ratio.

What share does a husband take from his deceased wife's estate, and on what condition does it vary?

The husband takes one-half (1/2) if there is no child or agnatic grandchild, and one-fourth (1/4) if such a descendant exists.

What share does a wife (or wives collectively) take from her deceased husband's estate?

One-fourth (1/4) if there is no child/agnatic grandchild, and one-eighth (1/8) if there is. Multiple wives share that fraction equally.

What share does the mother take in inheritance, and what is the 'Umariyyatan' situation?

The mother takes 1/6 if the deceased left a child or two or more siblings; otherwise 1/3 of the whole estate. In the Umariyyatan cases (spouse + both parents), the mother takes 1/3 of the residue after the spouse's share.

What is the doctrine of 'Aul' (increase) in Islamic inheritance?

Aul applies when the sum of the prescribed shares exceeds unity (1); the shares are proportionately reduced by increasing the common denominator so each sharer's portion is decreased rateably.

What is the doctrine of 'Radd' (return) in Islamic inheritance?

Radd applies when the prescribed shares total less than unity and there is no residuary; the surplus 'returns' proportionately to the sharers (except, under Sunni law, the spouse does not share in radd if other sharers exist).

What is the rule of 'Hajb' (exclusion) in inheritance, and its two types?

Hajb is the exclusion of one heir by another. Hajb al-Hirman is total exclusion (a nearer heir excludes a remoter, e.g., son excludes grandson); Hajb al-Nuqsan is partial reduction of an heir's share (e.g., presence of a child reduces the spouse's share).

Under Hanafi law, can a daughter ever totally exclude the deceased's brothers from inheritance?

No. Under Hanafi law a daughter is a sharer (taking 1/2 or 2/3 collectively) but does not exclude agnatic residuaries like brothers, who take the residue. (Under Shia law she may exclude them.)

What is the effect of Section 4 of the Muslim Family Laws Ordinance 1962 on inheritance?

Section 4 provides that children of a predeceased son or daughter inherit by representation the share their parent would have taken had they been alive at the time of the propositus's death (per stirpes).

Can an heir who murders the propositus inherit from him under Islamic law?

No. A person who unlawfully causes the death of another is disqualified from inheriting from the deceased ('the killer does not inherit').

Define 'Wasiyya' (will/bequest) in Islamic law.

Wasiyya is a declaration by which a Muslim gratuitously transfers ownership of property to another, taking effect after the testator's death.

What is the maximum portion of an estate a Muslim may dispose of by will (wasiyya), and what is the exception?

A Muslim may bequeath up to one-third (1/3) of the net estate. A bequest exceeding one-third, or in favor of a legal heir, is invalid unless the other heirs consent after the testator's death (Sunni rule).

Under Sunni law, is a bequest to a legal heir valid?

A bequest in favor of an heir is not valid unless the other heirs consent to it after the testator's death (because heirs already have fixed Quranic shares).

How does Shia (Jafaria) law differ from Sunni law on a bequest to an heir?

Under Shia law, a bequest to an heir is valid up to one-third of the estate even without the consent of other heirs; consent is only needed for the excess over one-third.

Define 'Hiba' (gift) under Islamic law.

Hiba is an immediate and unconditional transfer of the ownership of property, made gratuitously (without consideration) by one person to another, and accepted by or on behalf of the donee during the donor's lifetime.

State the three essential requisites for a valid Hiba (gift) under Islamic law.

1. Declaration of gift by the donor (ijab), 2. Acceptance by the donee (qabul), and 3. Delivery of possession (qabza) of the subject of the gift.

What is the key difference in timing and quantum between Hiba and Wasiyya?

Hiba takes effect immediately during the donor's lifetime and is unlimited in amount; Wasiyya takes effect only after death and is limited to one-third of the estate (with heir restrictions).

What is 'Hiba-bil-Iwaz' in Islamic law?

Hiba-bil-Iwaz is a gift made for a return or consideration (iwaz). Once the consideration is paid and accepted, it acquires the character of a sale and the gift becomes irrevocable.

Can a Hiba (gift) be revoked, and what are the main exceptions?

A gift may generally be revoked before delivery of possession, and even after with a court decree, except: gifts between spouses, gifts to those within prohibited degrees of relationship, when the donee or donor has died, when the subject has been transferred or destroyed, or a Hiba-bil-Iwaz.

Define 'Nikah' (marriage) in Islamic law and state its legal nature.

Nikah is a civil contract (aqd) the object of which is the legalization of intercourse and procreation of children; it is not a sacrament but a binding contract creating mutual rights and obligations.

State the essential conditions for a valid Nikah (marriage) under Islamic law.

1. Proposal (Ijab) and Acceptance (Qabul) in the same meeting, 2. Competent parties (sane, adult/major), 3. Free consent, 4. Two competent witnesses (under Sunni law), and 5. No legal prohibition (e.g., prohibited relationship). Dower (mahr) is also stipulated.

How many witnesses are required for a valid Nikah under Sunni law versus Shia law?

Sunni (Hanafi) law requires two male witnesses (or one male and two females). Shia (Jafaria) law does not require witnesses for the validity of the marriage itself (though recommended).

Distinguish between a 'Batil' (void) and 'Fasid' (irregular) marriage under Hanafi law.

A Batil (void) marriage is unlawful from inception with no legal effect (e.g., marriage within prohibited degrees). A Fasid (irregular) marriage suffers from a curable defect (e.g., absence of witnesses, marrying a fifth wife) and can be regularized; it has limited effects if consummated.

What are the three modes of dissolution of a Muslim marriage that a wife may invoke, and define each briefly?

Khula (wife seeks divorce by returning/foregoing dower with mutual agreement), Faskh (judicial annulment/dissolution by court on specified grounds), and Talaq-e-Tafweez (delegated right of divorce exercised by the wife where delegated). Talaq proper is the husband's right.

Under the Muslim Family Laws Ordinance 1962, what procedure must a husband follow after pronouncing Talaq?

He must give written notice of the Talaq to the Chairman of the Union Council (and a copy to the wife). The divorce becomes effective only after 90 days from receipt of notice unless revoked earlier; the Chairman constitutes an Arbitration Council for reconciliation.

Define 'Khula' and on what basis can a court grant it even without the husband's consent?

Khula is dissolution of marriage at the wife's instance, usually in return for releasing the dower. Pakistani courts (following Khurshid Bibi v. Muhammad Amin, PLD 1967 SC 97) may grant Khula where the wife satisfies the court that the spouses cannot live within the limits of Allah, even without the husband's consent, ordinarily on restoration of the dower.

List four grounds on which a Muslim wife may obtain dissolution of marriage under the Dissolution of Muslim Marriages Act 1939.

Among the grounds: husband's whereabouts unknown for 4 years; failure to maintain for 2 years; husband imprisoned for 7+ years; failure to perform marital obligations for 3 years; impotency; insanity/leprosy/venereal disease; cruelty; and option of puberty (marriage before age 18 repudiated before 19).

What is 'Faskh' and who has the authority to grant it?

Faskh is the judicial annulment or dissolution of a marriage by a competent court/Qazi on grounds recognized in law (e.g., those under the Dissolution of Muslim Marriages Act 1939). It is granted by the court, not by the spouses' unilateral act.

What is the 'option of puberty' (Khiyar-ul-Bulugh) in Muslim marriage law?

It is the right of a minor given in marriage by a guardian to repudiate the marriage on attaining puberty. Under the DMMA 1939, a wife married before 18 may dissolve the marriage before 19 provided it was not consummated.

Define 'Mahr' (dower) and state its legal status in a Muslim marriage.

Mahr is a sum of money or property which the husband is obliged to pay to the wife as a consideration/effect of the marriage. It is an essential obligation of marriage and the wife's exclusive right, payable even if not expressly stipulated.

Distinguish between 'Prompt' (Mu'ajjal) and 'Deferred' (Mu'wajjal) dower.

Prompt (Mu'ajjal) dower is payable on demand immediately, even before consummation, and is a precondition the wife may insist on before cohabitation. Deferred (Mu'wajjal) dower is payable on dissolution of marriage by death or divorce, or as agreed.

What is 'Mahr-i-Misl' (proper dower) and when is it determined?

Mahr-i-Misl is dower fixed by the court with reference to the dower of female members of the wife's father's family of equal status, applied where no dower was specified in the contract or the specification was invalid.

What is the wife's remedy for unpaid dower against the husband's estate or property?

Unpaid dower is a debt; the wife is an unsecured creditor of the husband (or his estate). If she lawfully obtains possession of the husband's property in lieu of dower, she may retain it under the right of retention until her dower is paid (widow's right of retention).

Define 'Nafqa' (maintenance) and state who is entitled to it from a Muslim husband.

Nafqa is maintenance comprising food, clothing, and lodging. A husband is bound to maintain his wife (so long as she is not disobedient without cause), his minor children, and, where applicable, his indigent parents and other relatives within prohibited degrees.

During the 'Iddat' period, is a divorced wife entitled to maintenance, and for how long?

Yes. A divorced wife is entitled to maintenance during her Iddat. The Iddat for a divorced woman is three menstrual cycles (or three lunar months if she does not menstruate); if pregnant, until delivery. A widow's Iddat is four months and ten days.

Under Pakistani law, can a wife claim past (arrears of) maintenance, and how is the rate fixed?

Yes; family courts can award arrears of maintenance and fix the rate having regard to the husband's means and the wife's status, and may order an annual increase (e.g., a fixed percentage) under amendments to the Family Courts Act.

What is a father's obligation to maintain his children under Islamic law, including after divorce?

A father must maintain his minor children regardless of whose custody they are in. He maintains sons until majority/self-sufficiency and unmarried daughters until marriage; a disabled adult child who cannot earn must also be maintained.