DO NOT TURN THIS PAGE UNTIL INSTRUCTED TO DO SO. THIS QUESTION PAPER MUST NOT BE REMOVED FROM THE EXAMINATION HALL

Student ID : ………………… Desk Number : …………………

MASTERS/MSc IN ISLAMIC FINANCE

SEPTEMBER 2013 SEMESTER

FINAL EXAMINATION

MODULE : USUL FIQH AND QAWAID FIQHIYYAH CODE : FQ5113 DAY/DATE : THURSDAY / DECEMBER 19, 2013 TIME/HOUR : 2.00PM – 5.00PM / THREE (3) HOURS

Instructions to candidates: 1. Answer ALL Questions in PART A and THREE (3) Questions in PART B. 2. Answer ALL Questions in the Answer Booklet provided. Start each answer

on a new page. 3. You are given FIFTEEN (15) minutes to go through and read the questions, but

you are NOT allowed to write during this time. 4. Please write down your answers legibly. 5. During this time, INCEIF’s Academic Regulation on academic dishonesty applies. 6. Do not bring any material into the examination hall unless permission is given by

the invigilator. 7. Please check to make sure that this examination pack consists of :

a. The Question Paper; and b. An Answer Booklet – provided by INCEIF.

This examination paper consists of FOUR (4) printed pages including the cover page.

FQ5113 – Usul Fiqh & Qawaid Fiqhiyyah CONFIDENTIAL September Semester 2013 Final Examination

2

PART A: (40 MARKS) Answer all questions. Each question carries twenty (20) marks QUESTION 1 a. Discuss the factors that led to the emergence of Traditionalist (Ahl- Hadith) and

Rationalist (Ahl al-Rai) Fiqh schools in the first century of Islam. (8 marks)

b. Define Usul al-Fiqh, explain its significance as a methodology for Fiqh and discuss

its objectives. (6 marks) c. Explain how the rules of Usul al-Fiqh can help a jurist in his efforts to derive a legal

ruling (Hukm Shar’i). Provide relevant examples to support your answer. (6 marks)

(20 marks)

QUESTION 2 Discuss the meaning and implications of the following five leading legal maxims and provide for each legal maxim relevant examples from commerce, trade and business practices. a. Acts are judged by their goals and purposes (al-Umur Bi-Maqasidiha)

(4 marks) b. Certainty is not removed by doubt (al-Yaqin la Yuzal bi al-Shak)

(4 marks) c. Harm must be eliminated (al-Dharar Yuzal)

(4 marks) d. Hardship begets facility (al-Mashaqqah Tajlib al-Taysir)

(4 marks) e. Custom is a basis for of judgment (al-‘Aadah Muhakkamah)

(4 marks)

(20 marks)

FQ5113 – Usul Fiqh & Qawaid Fiqhiyyah CONFIDENTIAL September Semester 2013 Final Examination

3

PART B: (60 MARKS)

Answer any three (3) of the following questions. QUESTION 3 a. Discuss the classification of Defining Law (Hukm Taklifi) into Wajib, Mandub,

Makruh, Haram and Mubah and provide for each category relevant examples from commerce, trade and business practices.

(15 marks) b. Discuss the three main divisions of declaratory law (Hukum Wadhai’) into cause

(sabab), condition (shart), and obstacle (mani’). Provide relevant examples to support your answer.

(5 marks) (20 marks)

QUESTION 4 a. Effective reason (‘illah) is one of the pillars of analogy (Qiyas) based on which

jurists extend the original ruling (Hukm) to new cases. State the main conditions for the effective cause and provide relevant examples from transactions to support your answer.

(10 marks)

b. Define Istihsan and explain how the Hanafis argue for its validity. Support your answer with relevant examples.

(10 marks)

(20 marks) QUESTION 5 Consensus of opinion (Ijma’) is defined as the unanimous agreement of the Mujtahidun of the Muslim community (Ummah) of any period following the demise of the Prophet (SAW) on any matter. a. In your view what are the possible problems that may arise from the definition of

Ijma’. (10 marks)

b. Discuss the possibility of employing Ijma’ in our age in the light of contemporary

reform proposals. (10 marks)

(20 marks)

FQ5113 – Usul Fiqh & Qawaid Fiqhiyyah CONFIDENTIAL September Semester 2013 Final Examination

4

QUESTION 6 The Quran and the Sunnah are two of the primary sources of Islamic law. Answer the followings: a. Discuss the relationship that exists between the Quran and the Sunnah.

(10 marks)

b. Discuss the basis for the classification of Shariah sources into the primary and secondary sources.

(5 marks)

c. Explain on what basis the chapters (Surah) and verses of the Quran could be classified into the Makki and Madani and discuss the implications of this classification.

(5 marks) (20 marks) QUESTION 7 a. Public interest (al-Maslahah al-Mursalah) is one of the secondary Shari’ah

sources. Define Maslahah, state its conditions and provide its contemporary examples. (10 marks)

b. Briefly discuss the stands taken by Shafii, Maliki, and Hanafi schools with regard to

Ahad Hadith. (5 marks)

c. Explain why the Maliki School considered the standard practices of the people of

Madinah as equivalent to Mashhur or even Mutawatir hadith. (5 marks)

(20 marks)

*** END OF QUESTIONS ***