The Handout Notes for BA-LLB student.

Friday, February 26, 2016

Constitutional Law Important Question and Answer

Monday, February 22, 2016

Islamic Law Important Question and Answer

  • Describe the important tests applied by the traditionalists to check the authenticacy of a Hadith.
  • Concept of Islamic State. Can it set up in modern times?
  • What is Difference between Darul Islam and Darul Harb.
  • What are Conditions of valid Ijtihad and the meaning of Qiyas.
  • Qualification of Mujtahid.
  • Impediments to inheritance and who is heir.
  • Responsibility of debts of deceased.
  • Revocable and Irrevocable divorce.
  • What is Khula, when and how decree is obtained.
  • Rights of Hizalat, Iddat, definition of Divorce.
  • Wakf Alah Aulad, Public and Private rights.
  • Quran and Sunnah as a source of law.
  • Difference in Batil and Fasid act.
  • What is Hadd and Taazir.
  • Special features of Islamic Legal System.
  • Distribution of estate of Muslim deceased as Sunni and Shia among different heirs.
  • When gift is complete.
  • Traditional source of revenue.
  • What are Wajib, Mustahab, Mubah, Makruh, and Haram?
  • What is Family Muslim Laws Ordinance, 1961?
  • Transfer of ownership of property by gift and quest.
  • History of Islamic Law.
  • Guardianship of minor.
  • Sovereignty in Islam.
  • Revealed laws have got superiority over other laws.
  • What is legal capacity.
  • Division of property.
  • Islamic laws of pre-emption.
  • History of pre-Islamic customs.
  • Can a modern legislature be used for consensus of opinion.
  • Constituted and administrative structure.
  • What is Analogy (Qiyas).
  • Contract and its ingredients.
  • Meaning of evidence.
  • Qualification of Qazi, what is Jehad.
  • What is theory of Naskh.
  • Aims of International Law.
  • Meaning of Islamic Jurisprudence.
  • Different laws and classifications.
  • Concept of State and Punishment in Islam.
  • Islam and Roman Law.
  • Islamic and Roman Slavery.
  • Who is competent witness.
  • Concept of Nationhood and Two Nation Theory.
  • Various kinds of justice.
  • Judicial system of Islam.
  • Notes: Ihtihad and Taqlid, Legal Capicity, Zimi.

Thursday, February 18, 2016

Salient features of the British Constitution

Following are the Main salient features of the British constitution:

Unwritten constitution

The British constitution is unwritten because it is not derived from a single source. British constitution is a mixture of charters, statutes, judicial decisions, common law, usages or traditions, customs, conventions, precedents etc. The British constitution was not framed at a single time. It is still in the process of growth.

Evolutionary constitution

The British constitution has developed through a process of gradual evolution. It is still going through the process of growth. It was not framed by a person or a king for his own advantage. The British people have developed their constitution from precedent to precedent and from past experience of law and practice.

Flexibility of the constitution

one of the most important features of the British constitution is its flexibility. This means that it can be amended by the parliament. The British constitution is different from that of America’s or Pakistan’s. In America or Pakistan his constitution is considered to be a supreme document in which amendment is very rare. The England’s constitution is always under the process of growth.

Unitary constitution

The England’s constitution is a unitary constitution. All the powers of the state are concentrated in the hands of a single government for the whole country. All the local governments are the servants of the central authority which has created them and can dissolve them also.

Its unreality

one of the unique features of the British constitution is what is called its unreality. There is a great difference in its appearance and its reality. It is an absolute monarchy while in reality it is a democratic state ruled by a parliament elected by the people.

Its organic nature

The nature of the British constitution is organic. It is constantly growing. There is much in it which remains the same and there is much also which changes according to the needs of the time. It is continually developing. Thus, an improvement will always occur in the British constitution after some time and a new constitutional document will be added afterwards.

Parliament’s sovereignty

The British parliament can do everything except making man a woman and vice-versa. The sovereignty of the parliament is a source of flexibility of the constitution.

Party System

The British political system has been working successfully due to the existence of two major parties. In England the existence of two major parties has contributed to the strengthening of political traditions. When one party forms the government the other sits in opposition. The party in power always looks after the interest of the opposition party because they know that if today they are in opposition, tomorrow they can be in power.

Nature of conventions

Another very important feature of the British constitution is the existence of a large number of conventions in it. No one can understand this constitution properly without studying these conventions carefully. These are a part of the constitution but they are not laws, because as such these conventions cannot be enforced by the courts.

Rule of law

Parliament feature of the British constitution is the Rule of law. It has two basic meanings
  • In England no man can be made to suffer punishment or to pay damages for a conduct not definitely forbidden by law”
  • In England no person is above the law. No one can break the law with impunity.

Independence of Judiciary

The British constitution I based on the principle of independence of judiciary. This principle has been a fundamental principle of the English constitution. Although the judiciary is no doubt independent in Britain but the right of judicial review is not granted.

Bicameral legislature

According to the constitution the British parliament consists of two houses
  • The House of Commons (lower house) and
  • The House of Lords (upper house).
Thus, the kind of legislation in Britain is Bi-cameral.

A blend of Monarchy Aristocracy and Democracy

The British constitution is a unique blend of monarchy, aristocracy and democracy.
  • Monarchy:Due to the existence of queen and king
  • Aristocracy:House of Lords
  • Democracy: Britain is now a democratic state run by a parliament elected by the people.

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