The Mid Semester Exam

Mid Sem answer scheme
Ahwal Shahsiyyahh (Islamic Family Law).
Please note that the questions are rote. Someone commented that I expect students to parrot the answers since the questions are rote. My defence would be:a. If i give subjective questions, the examiner who take over my marking can easily give extra marks. b. Since the questions are rote, it’s either you know or you don’t know the answer, if other examiners re-examine my papers (USIM appointed internal examiners from the same faculty to re-examine my papers), there’s not much room for them to give extra marks because the questions are rote and I have followed the marking scheme carefully.

Question 1
1. What does Ta’liq mean? (4 marks)

“ta’liq” means a promise (0.5 Mark)
expressed by the husband (0.5 Mark)
after solemnization of marriage (1 Mark)
in accordance with Hukum Syara’ (1 Mark)
and the provisions of Islamic Family Law (Federal Territories) Act 1984 (1 Mark)

[Very easy question. (To help the students get markah senang) The answer can be obtained from the Statute: Islamic Family Law ( Federal Territories ) Act 1984 brought into the exam hall/Yang ni boleh copy dari Akta Islamic Family Law ( Federal Territories ) Act 1984 yang dibawa masuk ke dewan]

Question 2.
What are the essential elements of a valid marriage under the Shafii sect?
(6 marks)
a. A male party 1 mark
b. A female party 1 mark
c. A wali 1 mark
d. Two witnesses 1 mark
e. The pronouncement of Ijab & Qabul 1 mark
(offer & acceptance). 1 mark

[Agama students learn the conditions of a valid marriage as early as when they studied in the secondary school/Depa dah belajar fiqh munakahat (hukum nikah) the previous semester, kalau tak tau rukun nikah, tak tau nak cakap apa].

Explain the principle under the Hanafi sect with respect to return of betrothal gifts in the event of a breach by one party.
(10 marks)

The Hanafi school takes the view (1 mark)
Where the betrothal gifts (0.5Mark)
are still intact (0.5Mark)

And have not changed their character (0.5)

Or been consumed (0.5)
Or destroyed (0.5)
The giver can ask (0.5)
for the return of the gifts (0.5)

If the breach is by the other party.
But if the article (0.5)

has ceased (0.5)
to exist (0.5)

Or has been consumed, (0.5)

sold (0.5)
or lost (0.5)
or used (0.5)
For example in making clothing (0.5)
There is no more right (0.5)
to ask (0.5)
for its return. (0.5)
(I had covered this in the tutorial. Texts were taken from Prof Ahmad Ibrahim’s book Islamic Family Law Textbook/Yang ni I dah cover dlm tutorial sebelum peperiksaan)

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