End-Of-Semester Examination SEMESTER I, 2008/2009 SESSION: Ahmad Ibrahim Kulliyyah of Laws

END-OF-SEMESTER EXAMINATION
SEMESTER I, 2008/2009 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 : 3.11.2008

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 6 Printed Pages With 6 Questions.
INSTRUCTIONS TO CANDIDATES
DO NOT OPEN UNTIL YOU ARE ASKED TO DO SO.
Answer FOUR (4) Questions Only.
Any form of cheating or attempt to cheat is a serious

offence which may lead to dismissal
APPROVED BY
2
QUESTION 1
(a) A friend of yours expresses his opinion that he believes that the Sharicah promotes
a double standard practice by providing an unfair treatment to the women. He
argues, for example, that by the provision of verse 11 of Surah al-Nisa’, women
are unfairly neglected by the Sharicah when sons receive a double share as
compared to the daughters in the law of succession. According to him, since they
share the same parents, they should receive an equal share in the inheritance. He
further adds that the inequality proves nothing but the irrelevancy of Sharicah in
our present day.
By referring to the characteristics of Sharicah, explain to him with convincing
reasons why you COULD NOT agree with his opinion. Support your arguments
with relevant authorities.
(10 marks)
(b) Your friend furthers argues that there is also no uniformity in the Islamic fiqh as
trivial matters such as the meaning of al-quru’ (al-Baqarah (2): 228) and how to
wipe our head while taking ablution (al-Mā`idah (5): 6) are interpreted differently
by the Muslim jurists. This does not only prove the non-uniformity of the Islamic
law but also the disunity among the Muslims.
Counter the above arguments by giving accurate explanations on the nature of the
Islamic law. Support your explanations with relevant authorities.
(5 marks)
3
QUESTION 2
(a) Explain the ijtihād made by Saidinā ‘Umar al-Khattāb in withdrawing zakat
(alms-giving) to the converts despite the fact that the entitlement is provided in al-
Taubah (9): 60.
(5 marks)
(b) “The point is that the Prophet (s.a.w) is no longer alive to personally teach us, and
everything we have from him, whether the hadith or the Qur'ān, has been
conveyed to us through Islamic scholars. So it is not a question of whether or not
to take our din (religion) from scholars, but rather, from which scholars. This is
the reason we have madhhabs in Islam: because the excellence and superiority of
the scholarship of the mujtahid”
To what extent the above statements are true? Specify also in your answer the
history of the establishment of sunni madhhab in the Islamic legal history.
(10 marks)
QUESTION 3
(a) RÉfiÑ ibn Khadij reported that the Prophet came to Madinah and found the people
grafting their date-palm tree. He asked them what they were doing and they
informed him that they were artificially pollinating the trees. He then said,
“Perhaps it would be better if you did not do that”. When they abandoned the
4
practice, the yield of the date palms became less. So they informed him and he
said, “I am a human being. So when I tell you something pertaining to the
religion, accept it, but when I tell you something from my personal opinion, keep
in mind that I am a human being.” Anas reported that he added, “You have better
knowledge (of technical skills) in the affairs of this world.”
Based on the above hadÊth, discuss the status of ijtihÉd of the Prophet and his
Companions during the Foundation Period.
(10 marks)
(b) Further, explain with two clear points the rationales behind hadd punishment
provided in Islam for the offence of adultery which in a modern analysis is just a
private act of intimacy between two consenting adults which should not be
regulated by the force of law, lest it be an intrusion into the privacy of individuals.
(5 marks)
QUESTION 4
While commenting a conflict of jurisdiction between civil and syariah courts, Abdul
Hamid Mohamad (FCJ) in Latifah bte Mat Zin v Rosmawati bte Sharibun & Anor
[2007] 5 MLJ 101, said:

5
“I have taken the liberty to take a wider look at the provisions of the
Constitution relating to the jurisdictions of the civil and the syariah courts
and to point out the problems that the litigants and the courts are faced
with. This is because, I think, after 50 years, the provisions relating thereto
will have to be reviewed and updated to meet the present circumstances.”
With reference to the above quotation, discuss the approaches taken by the courts in
resolving the issue of jurisdictional conflict in the above case.
(15 marks)
QUESTION 5
Discuss the following:
(a) the legal ruling (hukm) on the implementation of Islamic law;
(b) the implementation of Islamic law in the Malaysian Legal System
Support your answer with relevant quranic verses, legal provisions and decided cases.
(15 marks)
QUESTION 6
Allah says in Surah al-Nisa’ (4), verse 34:
ۡ‫ﺾ َو ِﺑ َﻤﺎٓ أَﻧ َﻔﻘُﻮ ْا ِﻣﻦ‬

ٍ۟ ۡ‫ﻋَﻠﻰٰ َﺑﻌ‬
َ ۡ‫ﻀ ُﻬﻢ‬
َ ۡ‫ﻞ ٱﻟﱠﻠ ُﻪ َﺑﻌ‬
َ‫ﻀ‬‫ﺴﺎٓ ِء ِﺑﻤَﺎ َﻓ ﱠ‬
َ ‫ﻋﻠَﻰ ٱﻟ ﱢﻨ‬
َ ‫ن‬
َ ‫ل َﻗﻮﱠٲﻣُﻮ‬
ُ ‫ٱﻟ ﱢﺮﺟَﺎ‬
‫ن‬
َ ‫ﻆ ٱﻟﻠﱠ ُۚﻪ وَٱﱠﻟـٰﺘِﻰ َﺗﺨَﺎﻓُﻮ‬
َ ‫ﺣ ِﻔ‬
َ ‫ﺐ ِﺑﻤَﺎ‬
ِ ۡ‫ﺖ ﱢﻟﻠۡ َﻐﻴ‬
ٌ۟ ٰ‫ﻈـ‬
َ ‫ﺣـٰ ِﻔ‬
َ ‫ﺖ‬
ٌ ٰ‫ﺖ َﻗـٰ ِﻨ َﺘـ‬
ُ ٰ‫ﺤـ‬
َ ‫ﺼـِٰﻠ‬
‫َأﻣۡﻮَٲِﻟ ِﻬﻢۡۚ ﻓَﭑﻟ ﱠ‬
‫ﻃﻌۡ َﻨ ُﻢۡ َﻓﻠَﺎ‬

َ ‫ﺟ ِﻊ وَٱﺿۡ ِﺮﺑُﻮ ُهﻦﱠۖ َﻓِﺈنۡ َأ‬
ِ ‫ﻦ ﻓِﻰ ٱﻟۡ َﻤﻀَﺎ‬
‫ﺠﺮُو ُه ﱠ‬
ُ ۡ‫ﻦ َﻓ ِﻌﻈُﻮ ُهﻦﱠ وَٱه‬
‫ُﻧﺸُﻮ َز ُه ﱠ‬
6
(٣٤) ‫َﺒِﻴ ًﺮ۟ا‬ ‫ﻴ۟ﺎ‬ ‫ﻋِﻠ‬

َ ‫ن‬
َ ‫آَﺎ‬ ‫ٱﻟﱠﻠ َﻪ‬ ‫ن‬
‫ِإ ﱠ‬ ‫ﻼ‬
ًۗ ‫ﺳﺒِﻴ‬
َ ‫ﻦ‬
‫ﻋَﻠﻴۡ ِﮩ ﱠ‬
َ ‫َﺗﺒۡﻐُﻮ ْا‬
“Men are the protectors and maintainers of women, because Allah has given the one
more (strength) than the other, and because They support them from their means.”
It is argued by certain quarters that according to the above verse, women are not qualified
to be appointed as a syarie judge. Comment on this view by referring to the qualification
of syarie judges according to hukm sharac and relevant legal provisions in Malaysia.
(15 marks)

End-Of-Semester Examination SEMESTER I, 2008/2009 SESSION: Ahmad Ibrahim Kulliyyah of Laws

Uploaded by

Copyright:

Available Formats

End-Of-Semester Examination SEMESTER I, 2008/2009 SESSION: Ahmad Ibrahim Kulliyyah of Laws

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

End-Of-Semester Examination SEMESTER I, 2008/2009 SESSION: Ahmad Ibrahim Kulliyyah of Laws

Uploaded by

Copyright:

Available Formats

END-OF-SEMESTER EXAMINATION

SEMESTER I, 2008/2009 SESSION

AHMAD IBRAHIM KULLIYYAH OF LAWS

Programme : Bachelor of Laws Level of : First

Reading Time : 2.30 p.m. – 2.45 p.m. Date : 3.11.2008

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

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

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

Any form of cheating or attempt to cheat is a serious

a double standard practice by providing an unfair treatment to the women. He

our present day.

By referring to the characteristics of Sharicah, explain to him with convincing

with relevant authorities.

law but also the disunity among the Muslims.

Islamic law. Support your explanations with relevant authorities.

Taubah (9): 60.

conveyed to us through Islamic scholars. So it is not a question of whether or not

the scholarship of the mujtahid”

history of the establishment of sunni madhhab in the Islamic legal history.

said, “I am a human being. So when I tell you something pertaining to the

knowledge (of technical skills) in the affairs of this world.”

Companions during the Foundation Period.

[2007] 5 MLJ 101, said:

will have to be reviewed and updated to meet the present circumstances.”

resolving the issue of jurisdictional conflict in the above case.

Discuss the following:

(a) the legal ruling (hukm) on the implementation of Islamic law;

(b) the implementation of Islamic law in the Malaysian Legal System

Allah says in Surah al-Nisa’ (4), verse 34:

ۡ‫ﺾ َو ِﺑ َﻤﺎٓ أَﻧ َﻔﻘُﻮ ْا ِﻣﻦ‬

‫ﻃﻌۡ َﻨ ُﻢۡ َﻓﻠَﺎ‬

(٣٤) ‫َﺒِﻴ ًﺮ۟ا‬ ‫ﻴ۟ﺎ‬ ‫ﻋِﻠ‬

to be appointed as a syarie judge. Comment on this view by referring to the qualification

You might also like