LLB Examination Islamic and Personal Law Syllabus

Islamic and Personal Law syllabus — full chapter and topic list

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

1. 1

   Islamic Jurisprudence

   4 topics

   • Sources of Islamic Law
   • Schools of Islamic Law (Fiqh)
   • Ijtihad and Taqlid
   • Concept of Hukm and Maqasid al-Shariah
2. 2

   Muslim Personal Law: Marriage

   4 topics

   • Nikah and Its Essentials
   • Dower (Mahr)
   • Muslim Family Laws Ordinance 1961
   • Polygamy and Registration of Marriage
3. 3

   Dissolution of Marriage

   4 topics

   • Talaq and Its Kinds
   • Khula and Mubarat
   • Dissolution of Muslim Marriages Act 1939
   • Iddat and Maintenance
4. 4

   Parentage, Guardianship and Custody

   3 topics

   • Legitimacy and Acknowledgment
   • Guardianship of Person and Property
   • Custody (Hizanat)
5. 5

   Inheritance and Succession

   4 topics

   • Principles of Islamic Inheritance
   • Sharers and Residuaries
   • Doctrine of Aul and Radd
   • Wills (Wasiyya)
6. 6

   Gifts and Endowments

   3 topics

   • Hiba and Its Essentials
   • Revocation of Gifts
   • Waqf

Islamic and Personal Law flashcards for LLB Examination

23 of 56 cards from the Islamic and Personal Law deck — real questions with worked answers.

1. What are the four primary sources of Islamic law (Usul al-Fiqh) in their order of authority?

   1) Quran (the divine revelation), 2) Sunnah (sayings, actions, and tacit approvals of the Prophet), 3) Ijma (consensus of jurists), and 4) Qiyas (analogical reasoning).

2. Distinguish between primary and secondary sources of Islamic law.

   Primary sources are Quran and Sunnah (revealed/textual). Secondary (derived) sources include Ijma, Qiyas, and supplementary methods like Istihsan, Istislah/Maslaha, Urf (custom), and Istishab.

3. What is Ijma and what are its main kinds?

   Ijma is the unanimous consensus of qualified Muslim jurists (mujtahids) of a particular era on a point of law. Kinds: explicit/express (sarih) consensus and tacit/silent (sukuti) consensus.

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

   Qiyas is analogical deduction extending a ruling from an original case to a new case sharing the same effective cause. Its four elements: asl (original case), far' (new case), hukm (ruling of the original case), and illah (effective cause).

5. What is Istihsan in Islamic jurisprudence?

   Istihsan (juristic preference) is a method where a jurist departs from strict analogy (qiyas) in favour of an alternative ruling that better serves justice, equity, or public interest in a particular case.

6. What is Istislah (Maslaha Mursala)?

   Istislah is deriving rulings on the basis of public interest (maslaha) where there is no specific text, provided the interest is genuine, general, and not contrary to the Quran or Sunnah.

7. What is the role of Urf (custom) as a source of Islamic law?

   Urf is a recognised custom or usage of a community. It is accepted as a subsidiary source provided it does not contradict an explicit text of the Quran or Sunnah; valid (sahih) custom may be incorporated into rulings.

8. Name the four Sunni schools of Islamic law (Fiqh) and their founders.

   1) Hanafi (Imam Abu Hanifa), 2) Maliki (Imam Malik bin Anas), 3) Shafi'i (Imam Muhammad al-Shafi'i), and 4) Hanbali (Imam Ahmad bin Hanbal).

9. Which school of Islamic law is predominantly followed in Pakistan, and why is this significant?

   The Hanafi school is predominant among Sunni Muslims in Pakistan; courts generally apply Hanafi rules in personal law matters unless the parties belong to another school or statute provides otherwise.

10. Name the principal Shia school of jurisprudence and its founder.

    The Ja'fari (Ithna Ashari/Imamiyah) school, attributed to Imam Ja'far al-Sadiq.

11. What is a distinctive methodological feature of the Hanafi school?

    The Hanafi school relies heavily on ra'y (juristic reasoning), qiyas, and istihsan (juristic preference), giving relatively greater scope to reasoned analogy and equity.

12. What distinctive source did Imam Malik emphasise in the Maliki school?

    Imam Malik emphasised Amal Ahl al-Madinah (the practice of the people of Madinah) as authoritative, along with maslaha (public interest).

13. Define Ijtihad and state who is qualified to perform it.

    Ijtihad is the exercise of independent juristic reasoning to derive a ruling from the sources. It is performed by a mujtahid — a jurist possessing knowledge of the Quran, Sunnah, Arabic, consensus, and principles of jurisprudence.

14. Define Taqlid and contrast it with Ijtihad.

    Taqlid is following the legal opinion of a qualified jurist without examining the underlying evidence, typical of laymen and lesser scholars. Ijtihad is independent derivation of rulings from the sources by a qualified mujtahid.

15. What is meant by the phrase 'closing of the door of Ijtihad'?

    It refers to the view, prevalent after roughly the 4th century AH, that all major legal questions had been settled by the established schools, so independent ijtihad ceased and taqlid became the norm. Modern reformers dispute that the door is truly closed.

16. Define Hukm (legal value) in Islamic law.

    Hukm is the legal ruling or value attached by the Lawgiver (Shari) to the conduct of a person. It is the communication of God relating to the acts of the mukallaf (legally competent person).

17. What are the five categories of Al-Ahkam al-Khamsa (the five legal values)?

    1) Wajib/Fard (obligatory), 2) Mandub/Mustahabb (recommended), 3) Mubah (permissible/neutral), 4) Makruh (disliked/reprehensible), and 5) Haram (prohibited).

18. Distinguish between Hukm Taklifi and Hukm Wadi.

    Hukm Taklifi is a defining law that demands, prohibits, or permits an act (the five values). Hukm Wadi is a declaratory law that makes one thing a cause, condition, or obstacle for another (e.g., sabab, shart, mani).

19. What is Maqasid al-Shariah?

    Maqasid al-Shariah are the higher objectives and purposes of Islamic law — the protection of human welfare that the Shariah aims to secure in all its rulings.

20. List the five essential objectives (al-daruriyyat) of Maqasid al-Shariah.

    Protection of: 1) Religion (Din), 2) Life (Nafs), 3) Intellect (Aql), 4) Lineage/Progeny (Nasl), and 5) Property (Mal).

21. Name the three levels of necessity within Maqasid al-Shariah.

    1) Daruriyyat (essentials/necessities), 2) Hajiyyat (needs/complementary), and 3) Tahsiniyyat (embellishments/improvements).

22. How is Nikah (Muslim marriage) defined in Islamic law?

    Nikah is a civil contract (aqd) between a man and a woman, the object of which is the legalisation of sexual relations, procreation, and the mutual rights and duties of spouses. It is not a sacrament but a contract.

23. What are the essential requirements (essentials) of a valid Nikah?

    1) Offer (ijab) and acceptance (qabool) at one meeting, 2) competent parties (of sound mind and majority/puberty), 3) free consent, 4) two competent witnesses (Hanafi: two males or one male and two females), and 5) no legal impediment to marriage.

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