s2 - 2009.pdf

CONFIDENTIAL LW/OCT 2009/LAW605/420/345

UNIVERSITI TEKNOLOGI MARA FINAL EXAMINATION

COURSE

COURSE CODE

EXAMINATION

TIME

FAMILY LAW 1 (ISLAMIC) / FAMILY LAW 1 / ISLAMIC FAMILY LAW

LAW605/420/345

OCTOBER 2009

3 HOURS

INSTRUCTIONS TO CANDIDATES

1. This question paper consists of three (3) parts : PART A (6 Questions) PART B (2 Questions) PART C (1 Question)

2. Answer ALL questions in the Answer Booklet. Start each answer on a new page.

3. Candidates are strongly advised to allocate not more than 60 minutes for answering questions in PART A.

4. Candidates are allowed to bring in the following statutes (unannotated): (i) Translation of Quran (ii) Islamic Family Law (Federal Territories) Act 1984 (iii) Kelantan Islamic Family Law Enactment 2002

5. Candidates are not allowed to bring any materials, other than those allowed by the invigilator, into the examination room.

6. Please check to make sure that this examination pack consists of: (i) the Question Paper (ii) an Answer Booklet - provided by the Faculty

DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO

This examination paper consists of 4 printed pages © Hak Cipta Universiti Teknologi MARA CONFIDENTIAL

CONFIDENTIAL 2 LW/OCT 2009/LAW605/420/345

PART A

QUESTION 1

A few hours before his wedding, Amri disappeared and cannot be contacted by his family. Discuss the remedy available to Lisa, his fiancee.

(5 marks)

QUESTION 2

"(Lawful to you in marriage) are not only chaste women who are believers but chaste women among the people of the Book revealed before your time - when you give them their dowers and desire chastity not lewdness nor secret intrigues"

(Surah al-Maidah(5):6)

State the approach of various schools in the interpretation of the above Quranic verse.

(5 marks)

QUESTION 3

State the powers of hakam according to the opinion of various mazhab.Which opinion has been adopted by section 48 of the Islamic Family Law (Federal Territory) Act 1984.

(5 marks)

QUESTION 4

Yanti is seeking your advice as to whether she can take legal action against her husband as he has sometimes abused her physically, pawned her jewellery and stolen her money.

Advise Yanti. (5 marks)

QUESTION 5

Suria complains that her husband has not given her maintenance for the past one year because he has lost his job. Suria wants to know whether this situation would allow her to file for a divorce.

Advise Suria. (5 marks)

QUESTION 6

With reference to decided cases what are the factors the court would consider in the assessment of mutaah.

(5 marks)

© Hak Cipta Universiti Teknologi MARA CONFIDENTIAL


PARTB

QUESTION 1

Immediately after being divorced by her husband, Farah left her three children aged 8, 4 and 1 in her husband's custody. One year later, she returned and claimed custody of all her children. She said she was only claiming custody now because her life is more settled with a stable job and a place to stay.

Her former husband objected to her claims alleging that the children were already well adjusted to being taken care of by his mother. Furthermore, the children were also very close to their grandmother.

With reference to the hukum syarak, statutory provisions and decided cases, discuss whether Farah's custody claim would be successful.

(20 marks)

QUESTION 2

Ramli was married to Rokiah for ten years. He has applied to the Syariah High Court in Shah Alam for permission to take Zamrah as his second wife. Among the reasons given by Ramli to justify his action were that Rokiah is ten years older than him and they have no children. Besides that he is very close to Zamrah, his business associate and they love each other. If they are not married they might commit the sin of zina.

As a Syarie judge, would you approve his application for polygamy? (20 marks)



PARTC

QUESTION 1

Jami sought your advice as her 'Peguam Syarie' in the following matters:-

a) The status of her marriage which was solemnized in Haadyai due to the objection of her parents and her husband's first wife.

(10 marks)

b) After three years, she realized that her decision to mary her husband was the biggest mistake she made in her life as there was no future in being the second wife. She wanted to end the marriage.

(10 marks)

c) She wants to claim for the house and car which belongs to her husband as she had paid the down payment for both properties.

Advise her. (10 marks)

END OF QUESTION PAPER


s2 - 2009.pdf

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