FACULTY OF SYARIAH AND LAW

FINAL EXAMINATION
SESSION II, ACADEMIC YEAR 2019/2020

SBSM 1353
PRINCIPLE OF ISLAMIC JURISPRUDENCE (USUL FIQH)

INSTRUCTION TO CANDIDATES:
1. The time allotted for this paper is 2 HOURS 30 MINUTES.
2. This paper consists of TWO sections:
SECTION A: 20 Multiple Choice Question.
SECTION B: 4 Structured Questions
3. Answer ALL questions in SECTION A and THREE questions in SECTION B.
Question 1 in SECTION B is COMPULSORY.
4. This question paper requires:
i) Answer Booklet
5. Total marks for this paper is 50 MARKS.
6. This question paper is ALLOWED to be taken out from the examination hall.

THIS QUESTION PAPER CONSISTS OF 7 PRINTED PAGES.

DO NOT OPEN UNTIL YOU ARE TOLD TO DO SO.

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SECTION A
Marks : 20

Answer ALL questions in the answer booklet provided.

1. The principle of Islamic jurisprudence covers all the subject below EXCEPT
A. the sources of Islamic law.
B. the structure of Islamic law.
C. the methodology of the jurist.
D. the knowledge of Islamic law.

2. The principle of Islamic jurisprudence concerns the law that is related to the
A. act of the subject.
B. belief of the subject.
C. principle of the subject.
D. etiquette of the subject.

3. The four elements of Islamic law include

A. the law, the Lawgiver, the object and the act.
B. the law, the Lawgiver, the subject and the act.
C. the law, the Lawgiver, the evidence and the act.
D. the law, the Lawgiver, the subject and the mujtahid.

4. The obligations which the amount of performance is determined are described

as
A. wajib mutlaq.
B. wajib mu’ayyan.
C. wajib muwaqqat.
D. wajib muhaddad.

5. The payment of due debt is an example of

A. wajib mutlaq.
B. wajib mu’ayyan.
C. wajib muwaqqat.
D. wajib muhaddad.
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6. The performance of an obligation during the time that has been fixed is called
A. ada’.
B. ta’jil.
C. qada’.
D. ‘iadah.

7. The beginning of the month of Ramadhan that determines the obligation of

fasting is an example of
A. cause.
B. obstacle.
C. condition.
D. exemption.

8. The consent of legal guardian in Islamic marriage contract is an example of

A. cause.
B. obstacle.
C. condition.
D. exemption.

9. All below are related to the right of Allah alone EXCEPT

A. expiation.
B. retaliation.
C. perform hajj.
D. adultery penalties.

10. The underlying basis of legal capacity for execution is

A. puberty.
B. maturity.
C. existence.
D. discretion.

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11. From the age of seven until he reaches the age of puberty, a child is
assigned
A. deficient capacity for execution.
B. defective capacity for execution
C. complete capacity for execution.
D. imperfect capacity for execution.

12. The transmitted source(s) of the Islamic law is/are

A. the Quran only.
B. the Quran and the Sunnah only.
C. the Quran, the Sunnah and the consensus.
D. the Quran, the Sunnah, the consensus and the analogy.

13. The primary sources of Islamic law combine all the characteristics below
EXCEPT
A. probable sources.
B. definitive sources.
C. transmitted sources.
D. unanimously agreed.

14. The hadith that is reported by one or two persons from the beginning up to the
end of its chain is called
A. hadith ahad.
B. hadith muttasil.
C. hadith mashhur.
D. hadith mutawatir.

15. The legal strength of the Sunnah as the second source of Islamic law is
considered as
A. the transmission and the meaning are all definitive.
B. the transmission and the meaning are all probable.
C. the transmission are definitive but the meaning are probable.
D. the transmission and the meaning are some definitive but some
probable.

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16. Qiyas which the ‘illah is stronger than the original case is called
A. qiyas awla.
B. qiyas ‘illah.
C. qiyas adwan.
D. qiyas musawi.

17. The permission of istisna' contact by the jurists is on the basis of

A. ‘uruf.
B. istishab.
C. istihsan.
D. sadd dhara’i.

18. Different rate of zakat fitrah in Malaysia is determined based on the

application of
A. ‘uruf.
B. istishab.
C. istihsan.
D. sadd dhara’i.

19. “The original rule for all things is permissible” is one of the principles that
forms the basis of
A. ‘uruf.
B. istishab.
C. istihsan.
D. maslahah.

20. The type of maslahah that is acknowledged by the Lawgiver at the level of
genus is called
A. maslahah gharib.
B. maslahah mulgha.
C. maslahah mursalah.
D. maslahah muktabarah.

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SECTION B
Marks : 30

Answer THREE questions only in the answer booklet provided. Question 1 is

COMPULSORY.

Question 1

a. Usul al-fiqh is the set of principle by which the mujtahids derive the legal rules
of conduct from their specific evidence.
Explain the meaning of the underlined words. (6 marks)

b. State two major distinctions between fiqh and usul al-fiqh. (2 marks)

c. Discuss two conditions for the creation of obligation in Islamic law. (2 marks)

Question 2

a. Islamic law is a communication from Allah the Almighty in relation to the acts
of the subjects through a demand or option or declaration.
Explain the meaning of the underlined words. (6 marks)

b. Explain two distinctions between obligatory law and declaratory law.(4 marks)

Question 3

a. Define legal capacity and explain three stages through which an individual
passes to achieve his complete legal capacity. (5 marks)

b. State three natural causes and two acquired causes of defective legal
capacity as listed by the jurists. (5 marks)

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Question 4

a. Give one example of legal rule which is extracted through the analogy of
qiyas and explain the four elements of qiyas in it. (5 marks)

b. Define maslahah technically and explain three conditions for the validity of
maslahah. (5 marks)

END OF QUESTION PAPER

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