Afghanistan Defense Attorney Entrance Exam (Ministry of Justice)

According to the classical Islamic creed formulated in 'Aqeedah al-Tahawiyyah', which statement accurately reflects the orthodox Sunni position regarding the nature of the Quran?

• AThe Quran is the created speech of Allah, revealed in temporal letters and sounds to the…
• BThe Quran is the uncreated speech of Allah (Kalamullah), originating from Him without mod…
• CThe Quran is an inspired allegorical text composed by the Prophet under divine spiritual…
• DThe Quran consists of eternal divine meanings that became created speech only upon physic…

In Hanafi Usul al-Fiqh, what is the legal effect of a definitive primary text (Nass Qat'i) from the Holy Quran or Mutawatir Hadith?

• AIt establishes a probable obligation (Zanni) that may be set aside by analogical reasonin…
• BIt establishes absolute certainty (Yaqin) and decisive obligation (Fard), admitting no co…
• CIt serves merely as a recommended guideline (Mustahabb) unless corroborated by consensus…
• DIt creates an evidentiary presumption that can be rebutted by customary practice (Urf)

In Islamic adjudication (Qada), what is the fundamental legal status of a confession (Iqrar) made by a sane, adult litigant before the judge in a civil dispute?

• AIt constitutes conclusive, binding proof against the confessing party that cannot be retr…
• BIt is merely corroborative evidence requiring the testimony of two additional male eyewit…
• CIt can be freely retracted at any time before the final execution of the judgment without…
• DIt is admissible only if supported by written documentation attested by two notaries

Which of the following describes the doctrine of 'Istihsan' (Juristic Preference) as utilized in the Hanafi school of law?

• AArbitrary personal preference by a judge without reference to legal texts or principles
• BDeparting from a strict, apparent analogical deduction (Qiyas Jali) in favor of a conceal…
• CApplying foreign customary statutes when statutory domestic provisions are ambiguous
• DSuspending criminal liability whenever the accused demonstrates remorse during trial

What is the primary Sharia rule governing the legal capacity (Ahliyyah) of a minor who has attained the age of discretion (Mumayyiz) in financial transactions?

• AAll transactions conducted by the minor are completely void (Batil) regardless of benefit…
• BPurely beneficial transactions are valid without guardian approval; purely detrimental tr…
• CThe minor has unrestricted legal capacity to enter into commercial contracts without guar…
• DThe minor's contracts are unconditionally valid if signed in the presence of two commerci…

In Islamic procedural law, when is a judicial oath (Yameen) administered to the defendant (Mudda'a 'Alayh)?

• AImmediately upon the plaintiff lodging the complaint, before hearing the plaintiff's claim
• BWhen the plaintiff fails to produce sufficient admissible proof (Bayyinah) and requests t…
• COnly when the defendant admits to half of the claimed amount in open court
• DWhenever the presiding judge suspects both parties are concealing relevant facts

What is the legal consequence in Hanafi jurisprudence if the defendant refuses to take the required judicial oath (Nukul 'an al-Yameen)?

• AThe case is dismissed with prejudice against the plaintiff
• BThe refusal is treated as an admission (Iqrar Dhimni) or sufficient ground to enter judgm…
• CThe judge must immediately sentence the defendant to mandatory imprisonment for contempt
• DThe oath is returned to the plaintiff (Radd al-Yameen), who must swear it before judgment…

Which of the following is a mandatory condition for the admissibility of witness testimony (Shahadah) in Sharia financial and civil disputes?

• AThe witness must be a direct blood relative of the party on whose behalf they testify
• BThe witness must possess moral uprightness ('Adalah), legal competence (Bulugh and 'Aql),…
• CThe witness must hold an official government post or civil service appointment
• DThe testimony must be submitted in pre-recorded video format prior to trial

What is the primary difference between Hadd penalties and Ta'zir penalties in Islamic penal jurisprudence?

• AHadd penalties are fixed and non-discretionary penalties prescribed by divine text, where…
• BHadd penalties apply only to property offenses, whereas Ta'zir applies exclusively to vio…
• CTa'zir penalties can only be imposed by international tribunals, whereas Hadd is enforced…
• DHadd penalties require circumstantial evidence only, whereas Ta'zir requires four eye-wit…

Under the Islamic legal maxim 'Idra'u al-hududa bil-shubuhat' (Ward off fixed penalties through doubts), what must a judge do when an evidentiary ambiguity arises in a Hadd prosecution?

• AImpose the full statutory Hadd penalty regardless of the ambiguity to ensure general dete…
• BDecline to apply the fixed Hadd sanction and evaluate whether a discretionary Ta'zir puni…
• CRefer the defendant to a foreign jurisdiction for trial
• DDouble the evidentiary burden and detain the defendant indefinitely without trial

In the law of contracts (Fiqh al-Mu'amalat), what is the definition and legal effect of a 'Fasid' (Irregular/Defective) contract in the Hanafi school?

• AA contract that is valid in its core elements (Asl) but defective in an external attribut…
• BA contract that is completely non-existent in law and can never produce any legal effect…
• CA contract that is fully valid in every respect and immediately enforceable without any p…
• DA contract made exclusively by government entities for infrastructure projects

What is the legal effect of a condition of option ('Khiyar al-Shart') in a sales contract under Islamic commercial law?

• AIt renders the contract permanently void due to unlawful risk (Gharar)
• BIt reserves the right for one or both contracting parties to rescind or confirm the sale…
• CIt automatically doubles the sale price if the buyer fails to pay within 24 hours
• DIt prohibits the seller from selling any other goods to third parties for one year

In the law of agency (Wakalah), when an advocate is appointed as an agent for litigation ('Wakil bil-Khusumah'), what authority does this grant under standard Hanafi principles?

• AAuthority to present claims, submit defenses, and represent the principal in court, but n…
• BFull unrestricted power to sell all of the client's immovable personal assets without cli…
• CAuthority only to deliver physical letters to the court clerk without speaking during hea…
• DAutomatic assumption of personal liability for the client's debts and criminal fines

What is the legal concept of 'Tafriq' (Judicial Dissolution of Marriage) under Islamic family jurisprudence when petitioned by a wife?

• AAn unconditional right of the husband to disown children without judicial process
• BA court decree terminating the marital union upon proven statutory grounds such as severe…
• CAn informal mediation session conducted by village elders without legal binding force
• DAn automatic divorce that takes place whenever a husband travels abroad for more than thi…

In the Islamic law of inheritance (Miras), what is the designated statutory Quranic share (Fard) of a surviving wife when the deceased husband leaves surviving biological children?

• AOne-half (1/2)
• BOne-fourth (1/4)
• COne-eighth (1/8)
• DOne-third (1/3)

What is the maximum limit placed on testamentary bequests (Wasiyyah) in Islamic estate law for non-heirs?

• AOne-half (1/2) of the net estate
• BOne-third (1/3) of the net estate after payment of funeral expenses and debts
• CTwo-thirds (2/3) of the gross assets
• DThere is no restriction; a testator may bequeath 100% of their estate to strangers

In Hanafi criminal jurisprudence, what distinguishes 'Qatl 'Amd' (Intentional Homicide) from 'Qatl Shibh 'Amd' (Quasi-Intentional Homicide)?

• AThe location where the crime took place (urban versus rural)
• BThe nature of the instrument used; Abu Hanifah held that 'Amd requires an instrument inhe…
• CWhether the victim was an adult or a minor
• DWhether the perpetrator confessed immediately to the police

What is the primary condition required for the enforcement of 'Qisas' (Retaliation in kind) in cases of intentional homicide?

• AUnanimous demand for Qisas by all legal heirs (Awliya al-Dam) who possess legal capacity,…
• BA unilateral decision by the prosecuting attorney without consulting the victim's family
• CPublic voting by residents of the district where the incident occurred
• DPayment of a statutory administrative fee to the Ministry of Justice by the plaintiff

In Islamic property law, how is a 'Waqf' (Endowment) legally characterized once properly constituted and dedicated?

• AIt remains the personal disposable property of the founder, who may sell it at any time
• BThe property is immobilized in perpetuity (Tahbis al-Asl) in the ownership of Allah, with…
• CIt converts into private commercial equity shares traded on public markets
• DIt becomes temporary state property that expires upon the death of the founder

What is the legal effect of 'Shuf'ah' (Right of Pre-emption) in Hanafi property law?

• AThe right of an adjacent neighbor or co-owner (Sharikh) of real estate to compulsorily ac…
• BThe right of a tenant to occupy a residential building indefinitely without paying rent
• CThe right of the government to confiscate private land without compensation
• DThe right of a creditor to seize debtor assets without court approval

Under the principles of Hanafi commercial jurisprudence, what constitutes 'Riba al-Fadl' (Usury of Excess)?

• ACharging late payment fees on airline tickets
• BThe unequal exchange of two commodities of the same genus and species that are measured b…
• CEarning a fair profit margin on retail clothing sales
• DPaying employee salaries in cash rather than bank transfers

What is the legal standard for proving the Hadd offense of 'Qadhf' (False Accusation of Unlawful Intercourse)?

• AAny statement criticizing someone's financial honesty in business
• BExplicitly accusing a chaste Muslim (Muhsan) of Zina without producing the required four…
• CFiling a legitimate civil lawsuit for breach of contract
• DGiving testimony in a commercial debt dispute

In Islamic judicial ethics and Qada regulations, what is the rule regarding a judge accepting gifts (Hadaya) from litigants or the general public within their jurisdiction?

• AGifts from litigants are permitted provided the judge records them in the court register…
• BAccepting gifts from litigants or persons who had no prior customary gift-giving relation…
• CGifts from a party are permitted once the case in which that party was involved has been…
• DGifts are permitted whenever their value stays below the customary local threshold for or…

Which procedural safeguard is mandatory when a judge presides over a court hearing involving two opposing litigants?

• AGiving the plaintiff both the first and the last word, because the plaintiff carries the…
• BTreating both litigants with absolute equality in seating, addressing them, hearing their…
• CAllowing the party represented by a licensed advocate to speak first, since counsel can s…
• DHearing a government body before a private party where the state is a litigant, to establ…

What is the legal effect of 'Sulh' (Amicable Settlement/Compromise) reached between civil litigants before the court?

• AIt has no legal weight and the judge must continue the trial to a formal verdict
• BIt terminates the dispute, creates a binding contract between the parties, and precludes…
• CIt is valid only if approved by a unanimous vote of all advocates in the province
• DIt can be unilaterally cancelled by either party without cause within twelve months

How is the fundamental legal maxim in Article 2 of the Majallah al-Ahkam al-Adliyyah—'Al-Umooru bi-Maqasidiha' (Matters are judged by their intentions)—applied in commercial transactions?

• AThe legal effect of a contract is determined by the genuine intent and substantive meanin…
• BA merchant's secret mental intent overrides express written contractual terms in all cases
• CContracts are enforceable only if both parties state their intentions before a religious…
• DAll commercial contracts are presumed fraudulent until proven otherwise

Under Majallah Article 4—'Al-Yaqeenu la yazoolu bish-Shakk' (Certainty is not overruled by doubt)—what is the procedural rule regarding an established legal status?

• AAn established fact, right, or obligation remains in force until definitive evidence prov…
• BAny mere doubt automatically cancels all prior rights and property titles
• CThe plaintiff must re-prove their citizenship and property ownership every thirty days
• DJudges must dismiss all lawsuits where the defendant expresses any degree of doubt

How does Majallah Article 8—'Al-Aslu Bara'at al-Dhimmah' (The fundamental principle is freedom from liability)—allocate the initial burden of proof in civil litigation?

• AEvery person is presumed to be indebted until they prove their innocence
• BEvery person is presumed free from debt, guilt, or financial obligation; therefore, whoev…
• CThe defendant must post a cash bond equal to the claim before entering a defense
• DThe court clerk must independently investigate both parties' bank accounts

What is the combined application of Majallah Article 20—'Al-Dararu Yuzal' (Harm is eliminated)—and Article 25—'Al-Dararu la yuzalu bi-mithlihi' (Harm is not eliminated by its like)?

• AA landowner facing an encroachment may pull down the whole of the neighbouring building i…
• BNuisances and unlawful damages must be abated, but the remediation must not cause an equa…
• COnce harm is established the court must award compensation and may not order the harm its…
• DHarm is only actionable where the injured party can show the wrongdoer intended it

Under Majallah Article 36—'Al-'Aadatu Muhakkamah' (Custom has the force of law)—under what conditions does local commercial custom (Urf) serve as a binding rule of decision?

• AWhen the custom is widespread, constant or predominant (Muttarid aw Ghalib), and does not…
• BEven if the custom explicitly contradicts a definitive verse of the Quran
• COnly when the custom has been practiced for more than five hundred years
• DWhenever an advocate requests the judge to ignore written legislation

How does Majallah Article 85—'Al-Kharaju bil-Daman' (Benefit accompanies liability)—govern the rights to profits and risk of loss in sales transactions?

• AThe party who bears the risk of loss (Daman) of property is rightfully entitled to its fr…
• BThe buyer takes the fruits from the moment the contract is concluded, while the risk of l…
• CThe seller keeps the fruits until the price is paid in full, even after the buyer has tak…
• DFruits produced between contract and delivery are divided equally between buyer and seller

What is the legal meaning of Majallah Article 99—'Man Ista'jala al-shay'a qabla awanihi 'uqiba bi-hirmanihi' (Whoever seeks to hasten a thing before its proper time is punished by being deprived of it)?

• AAn heir who kills the deceased to hasten receiving an inheritance is disqualified from in…
• BA creditor who sues for a debt before it falls due forfeits the debt entirely rather than…
• CA buyer who takes possession before paying the price loses the option to reject the goods…
• DA legatee who accepts a bequest before the estate's debts are settled must repay double t…

In the Majallah's Book on Lawsuits (Kitab al-Dawa, Article 1613), what are the essential conditions for a civil claim (Dawa) to be legally valid and admissible before the court?

• AThe claim must be specific, definite, known (Ma'loom), asserted against an identified adv…
• BThe claim may be vague and unspecified, leaving details to be discovered after judgment
• CThe claim must be published in three national newspapers before filing
• DThe claim must involve a minimum dispute value of 1,000,000 AFN

What is a 'Dawa al-Daf'' (Plea in Defense / Affirmative Defense) under the procedural rules of the Majallah?

• AAn emotional appeal by the defendant asking the judge for mercy
• BA counter-assertion made by the defendant which, if proven, completely nullifies or offse…
• CA physical refusal to enter the courtroom during proceedings
• DA request to transfer the trial to a foreign commercial arbitration center

Under Majallah Article 1647, what is the legal rule regarding contradictory statements (Tanaqud) made by a claimant in the same legal proceeding?

• AThe court disregards the earlier statement and decides on the version the claimant mainta…
• BA material contradiction by the claimant on the core subject of the claim defeats the law…
• CThe contradiction converts the claim into an admission in favour of the defendant on the…
• DThe contradiction only affects the claim if the defendant swears an oath that the claiman…

In the Majallah's Book on Evidence (Kitab al-Bayyinat), how is written documentation ('Khat' / 'Sanad') classified as evidence?

• AAny signed writing is conclusive proof, so the court may not go behind it once it is prod…
• BWriting and seal alone are not acted upon, but a document secure from fraud and forgery —…
• CWritten documents are never a ground of judgment; only oral testimony before the sitting…
• DA written instrument is acted upon only where the party who produced it also brings two w…

What is the legal effect of an admission made outside of court (Iqrar Ghayr Qada'i) compared to a judicial confession made in open court (Iqrar Qada'i)?

• AAn extrajudicial admission must be proven before the court through competent witness test…
• BAn extrajudicial admission is completely inadmissible and cannot be presented in court
• CBoth admissions are identical and require no verification whatsoever
• DAn extrajudicial admission automatically supersedes a judicial confession

In the Majallah's Book of Evidence (Kitab al-Bayyinat), what is 'Tazkiyah' (witness verification) in judicial proceedings?

• AA secret and open inquiry conducted by the court into the moral integrity ('Adalah) of wi…
• BThe oath a witness swears before giving testimony, confirming that the account is truthful
• CThe formal reading back of a witness's deposition so that the witness can confirm or corr…
• DThe court's ruling on whether a witness's testimony is relevant to the pleaded issues bef…

What is the legal effect of a contract of sale ('Bay'') concluded under duress ('Ikrah') according to the Majallah?

• AThe contract is void (Batil) if duress was extreme (Ikrah Mulji'), and irregular/defectiv…
• BThe contract is unconditionally valid and the coerced party has no legal remedy
• CThe coerced party must be imprisoned for entering into an irregular contract
• DDuress has no legal impact on commercial sales under any circumstance

Under Majallah Article 1459, what is the rule regarding the delegation of agency (Tawkeel al-Wakeel) by an appointed advocate/agent?

• AAn agent cannot delegate their authority to a sub-agent without the express or implied pe…
• BAn agent may freely sell their agency mandate to any stranger on the street
• CDelegation of legal representation is strictly prohibited under every circumstance even i…
• DA sub-agent automatically replaces the original principal in all legal obligations

How is 'Ghasb' (Unlawful Usurpation / Conversion) defined in the Majallah, and what is the primary liability of the usurper (Ghasib)?

• ATaking another's property with permission, resulting in zero liability if lost
• BTaking the property of another without consent and without legal right; the usurper is st…
• CPurchasing goods at wholesale prices during commercial clearance sales
• DBorrowing books from a public library with a valid membership card

Under the Majallah's rules on guarantees (Kafalah), what is the difference between 'Kafalah bil-Mal' (Guarantee of Debt/Property) and 'Kafalah bil-Nafs' (Guarantee of Personal Appearance)?

• AKafalah bil-Mal obligates the guarantor to satisfy the financial debt if unpaid, while Ka…
• BKafalah bil-Mal binds the guarantor only after the creditor has exhausted execution again…
• CKafalah bil-Nafs makes the guarantor personally liable to pay the debt if the debtor cann…
• DKafalah bil-Mal requires the principal debtor's consent, while Kafalah bil-Nafs may be gi…

In the Majallah's rules on partnership (Sharikat), what is a 'Sharikat al-'Inan'?

• AA general partnership where partners contribute capital, skills, or labor, sharing profit…
• BA partnership requiring the partners to contribute equal capital and to stand surety for…
• CA partnership in which one party supplies the whole of the capital and the other supplies…
• DA partnership formed by joint ownership of an inherited asset rather than by contract

What is the legal effect of 'Hawalah' (Assignment/Transfer of Debt) under the provisions of the Majallah?

• AThe transfer of a debt obligation from the liability of the original debtor (Muhil) to th…
• BThe addition of a second debtor alongside the first, so that the creditor may thereafter…
• CThe assignment by a creditor of the right to collect a debt to a third party, leaving the…
• DThe pledge of a specific asset by the debtor to secure an existing debt without transferr…

Under the Majallah's rules on leases (Ijarah), what happens if the leased property becomes entirely unusable (e.g., a commercial shop collapses due to an earthquake) during the lease term?

• AThe lease contract is terminated (Faskh) automatically due to the destruction of the subj…
• BThe tenant must continue paying full rent for the remaining years of the contract
• CThe lease survives and the landlord must supply the tenant with equivalent premises for t…
• DThe lease survives but rent abates by half until the premises are rebuilt

What is the legal effect of 'Musaqat' in Islamic agricultural jurisprudence as codified in the Majallah?

• AA contract for the irrigation and maintenance of trees/orchards in exchange for a designa…
• BThe outright sale of uncultivated desert land without title
• CAn agreement to dam a public river to deprive downstream neighbors of water
• DA penal fine levied on farmers for harvesting crops late

Under Majallah Article 1587, what is the rule when a person makes an admission regarding property in their possession, stating 'This asset belongs to X'?

• AThe admission binds the possessor and the asset is awarded to X
• BThe admission takes effect only if X accepts it in the same sitting; otherwise possession…
• CThe admission is treated as an offer of gift, so title passes only on delivery to X
• DThe admission binds the possessor only if supported by two upright witnesses to the origi…

What is the legal status of 'Bay' al-Wafa'' (Sale with Promise of Repurchase) under the Majallah?

• AA sale where the seller sells property on condition that whenever they return the price,…
• BAn unconditional permanent sale where the seller waives all future rights to the property
• CA criminal fraud punishable by mandatory hard labor
• DA gift of real estate made to charitable institutions