Islamic Jurisprudence and Personal Law
This domain tests usul al-fiqh (sources and method), the schools of law, and the substantive personal-law rules applied in Pakistan.
Sources
- Quran: the primary source; only a relatively small number of verses (commonly cited as about 500) state legal rules.
- Sunnah: the Prophet's practice recorded in hadith, classified as sahih, hasan or da'if, and as mutawatir or ahad according to the number of narrators.
- Ijma: consensus of qualified jurists.
- Qiyas: analogical deduction from an established text.
- Subsidiary principles include istihsan, istislah (maslaha), urf (custom) and istishab.
Schools and ijtihad
Hanafi, Maliki, Shafi'i and Hanbali schools differ on detail; Jafari (Shia) law governs Shia personal matters in Pakistan. Ijtihad is independent reasoning by a qualified jurist; taqlid is following an established school.
Substantive rules
Nikah requires offer, acceptance, witnesses and dower, and is barred by blood, fosterage and affinity. Talaq forms include ahsan (single pronouncement followed by iddat), hasan (three pronouncements over three clean periods) and bid'at (three at once). Khula is the wife's release, usually with consideration. Inheritance follows fixed Quranic shares (fard) and residuaries (asaba); a will is limited to one-third. Hudud, qisas, diyat and tazir are distinct categories of punishment.
Worked example
A man dies leaving a wife, mother, two sons and one daughter. The wife takes 1/8 and the mother 1/6; the residue is divided among the children in 2:1 shares, so each son receives twice the daughter's share. A will disposing of more than one-third is effective only with the heirs' consent.
Traps
Treating hizanat (custody) as identical to guardianship; assuming classical talaq must be written; ignoring Shia rules on inheritance and khula.