Student ID

Desk Number

MASTERS/MSc IN ISLAMIC FINANCE

SEPTEMBER 2013 SEMESTER
FINAL EXAMINATION

MODULE
CODE
DAY/DATE
TIME/HOUR

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USUL FIQH AND QAWAID FIQHIYYAH

FQ5113
THURSDAY / DECEMBER 19, 2013
2.00PM 5.00PM / THREE (3) HOURS

Instructions to candidates:
1.
2.
3.
4.
5.
6.
7.

Answer ALL Questions in PART A and THREE (3) Questions in PART B.

Answer ALL Questions in the Answer Booklet provided. Start each answer
on a new page.
You are given FIFTEEN (15) minutes to go through and read the questions, but
you are NOT allowed to write during this time.
Please write down your answers legibly.
During this time, INCEIFs Academic Regulation on academic dishonesty applies.
Do not bring any material into the examination hall unless permission is given by
the invigilator.
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.

DO NOT TURN THIS PAGE UNTIL INSTRUCTED TO DO SO.

THIS QUESTION PAPER MUST NOT BE REMOVED FROM THE EXAMINATION HALL

CONFIDENTIAL

FQ5113 Usul Fiqh & Qawaid Fiqhiyyah

September Semester 2013 Final Examination

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 Shari). 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)

CONFIDENTIAL

FQ5113 Usul Fiqh & Qawaid Fiqhiyyah

September Semester 2013 Final Examination

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)

CONFIDENTIAL

FQ5113 Usul Fiqh & Qawaid Fiqhiyyah

September Semester 2013 Final Examination

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 Shariah

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 ***