END-OF-SEMESTER EXAMINATION SEMESTER I, 2003/2004 SESSION

AHMAD IBRAHIM KULLIYYAH OF LAWS

Programme Reading Time Duration Answering Time Duration Course Title : : : : : : Bachelor of Laws 9.00 a.m. 9.15 a.m. (15 minutes) 9.15 a.m. 12.15 a.m. (3 hours) Islamic Legal System II Level of Study Date Section(s) : : : First 29.9.2003 All Sections SHA 1311

Course Code :

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

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2 QUESTION 1

Some of the principles laid down by Prophet Muhammad S.A.W in

fah al-

Mad nah have been accepted and becoming the main ingredients in the formation of the modern constitutions.

With reference to relevant provisions of following: a) The rights of the citizens of Madinah

fah al-Mad nah, explain the

(6 Marks) b) The principle of one ummah (5 Marks) c) The establishment of the office of the head of state. (4 Marks)

QUESTION 2

Sheikh cAli Abd. Al-Razeq in his book Al-Islam wa U is only a religion but not a political order.

l al-Hukm states that Islam

In light of the above, explain the main contentions of al-Razeq and provides arguments to rebut his view. Support your answer with relevant legal authorities. (15 Marks)

3 QUESTION 3

The Imam of the Islamic State will be deposed from the Immate based on certain grounds.

In light of the above, discuss the following: a) Disqualification of the Imam as a result of loss of senses relating to the faculties of hearing, sight and speech. (8 Marks)

b)

Dismissal of the Imam due to control or coercion by others. (7 Marks)

Support your answer by referring to the views of the Muslim jurists you have studied.

QUESTION 4

Explain in detail the concept of obedience to the head of state in Islam and its limitations.

Substantiate your answer by providing evidences from the Quran, Sunnah and Ijmac. (15 Marks)

4 QUESTION 5

Freedom as one of the constitutional principles is recognised in Islam as well as in man made constitutions. In light of the above, discuss a) Freedom of religion. (6 Marks) b) Freedom of thought and expression. (9 Marks) In your answer you are required to refer to relevant legal authorities.

QUESTION 6

Write a short essay on each of the following topics: a) The significance of the Saqifah Bani Saidah in laying down the foundation of the caliphate system. (6 Marks)

b)

The arguments to support the view that the decision of Majlis al Sh r binding on the head of Islamic state.

is

(9 Marks)