End-Of-Semester Examination SEMESTER I, 2006/2007 SESSION: Ahmad Ibrahim Kulliyyah of Laws

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END-OF-SEMESTER EXAMINATION

SEMESTER I, 2006/2007 SESSION

AHMAD IBRAHIM KULLIYYAH OF LAWS

Programme : Bachelor of Laws Level of : First


Study

Reading Time : 2.30 p.m. – 2.45 p.m. Date : 6.11.2006


Duration : ( 15 minutes )

Answering Time : 2.45 p.m. – 5.45 p.m. Section(s) : All Sections


Duration ( 3 hours )

Course Title : Islamic Legal System I Course Code : SHA 1310

This Question Paper Consists of 4 Printed Pages With 6 Questions.

INSTRUCTIONS TO CANDIDATES
DO NOT OPEN UNTIL YOU ARE ASKED TO DO SO.
Answer FOUR (4) Questions Only.

REFERENCE ALLOWED
Statute on Islamic Legal System

Any form of cheating or attempt to cheat is a serious


offence which may lead to dismissal
Statutes should be free from any form of annotation.

APPROVED BY
2

QUESTION 1

a) State the relations and differences between Fiqh and Shari cah, and explain the

contribution of Fiqh and Usul al-Fiqh to the development of Islamic law.

(8 marks)

b) Explain the suitability and flexibility of Shari cah with the changing circumstances

as one of the characteristics of Islamic law.

(7 marks)

QUESTION 2

a) State the sources of Islamic law during the Prophet’s period and explain the status

of ijtihad and its types during this period by providing examples of the ijtihad of the

Prophet and the Companions.

(8 marks)

b) Enumerate in detail the reasons for the differences of opinions among the

Companions.

(7 marks)
3

QUESTION 3

a) Discuss the factors that led to the emergence of the School of Traditionists (Ahl al-

Hadith) and the School of Rationalists (Ahl al-Ra’y) during the Umayyad period

and briefly explain the differences between them.

(8 marks)

b) “Muslims are obliged to rigidly adhere to the teaching of any particular madhhab”

Analyse the above statement in detail.

(7 marks)

QUESTION 4

In “The Principles of an Islamic Constitution and the Constitution of Malaysia: A

Comparative Analysis” (1989) 1(2) IIU Law Journal 1, Ahmad Ibrahim asks for a

positive view to be adopted in constructing the provisions of the Malaysian Federal

Constitution so that Islam and its law can be upheld in Malaysia.

With a positive view as advocated by the above mentioned author, discuss the special

position that the Federal Constitution gives to Islam and its law.

(15 marks)
4

QUESTION 5

a) “The jurisdiction of Syariah Courts in Malaysia is restricted to Muslim only.”

To what extent the above statement true?

(8 marks)

b) “Islamic law permits a woman to become a Syarci judge.”

Evaluate the above statement in detail.

(7 marks)

QUESTION 6

Explain the following issues in detail:

a) Role of Syarci lawyer in upholding justice. (8 marks)

b) Functions of institution of fatwa in developing Islamic law. (7 marks)

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