CSS 2020 Muslim Law & Jurisprudence Paper

Explain naskh (abrogation) in the light of the definitions of classic Muslim jurists. Also describe its role in the texts of Islamic Shariʿah.

What is the Hanafi-Shafiʿī controversy over the doctrine of Istiḥsān (juristic preference)? Discuss its main points.

What is meant by “missing person” in the law of inheritance? What would be the effect on the distribution of estate of a praepositus when one or more of his heirs are missing person?

Define gharar. It is said that insurance is a modern contract of gharar and is incompatible with the injunctions of Islamic law. Argue.

A group of modern scholars asserts that Islamic law imposes on divorcing husband to pay maintenance to the divorced wife for the rest of her life or until she marries someone else. What is your opinion with sound arguments?

Discuss the Islamic view on imprisonment as a form of punishment.

Write notes on any TWO of the following topics: (a) Nushūz; (b) Mahr al-Mith'l (Proper dower); (c) Iḍtirār (necessity) in Islamic law.