Unit-1

Q. No.1 What is the link between law and society?

Answer: Law and society are related to each other. Nothing can
explain without any of them. Society becomes the jungle without
the law. Society becomes the jungle without law. Law also needs to
be changed the society faces, because without the necessary change
law cannot keep pace with society. Without the control of the law,
the society became the jungle or at least barbaric. So, to keep the
society peaceful, we need to create a harmonious relationship
between law and society.

We can take an example of our country, where every day we watch

so many crimes. But due to lack of evidence the criminals are set
free or there are too little penalty , that law breakers do not care
about it. Just the example we can see few cases of eve teasing.

Q.No.2 Does law influence society or society influence law?

Answer: Law is influence by the prevailing social value and norms.

Most of time law attempt or more or change the existing social value
and behavior reflected directly or indirectly, so that they flow in a
proper channel. Law at one hand supports the social system and on
the other hand, changes the prevalent social system or relationship
by its common process. It also influences other part of a social
system. Law is comes of social control and an instrument of social
change. Thus, it can be said that law is always influenced by the
society. The extent to which law is influenced by the society in
which it operates is evident through the animation of legal
principle, case laws, legislations and other documents Thus, in view
of the above, it can be concluded that generally law is influenced by
society and in its broad spectrum society is governed by law.

Q.No.3 Describe social dimensions of law?

Answer: There are three dimensions or aspects of a legal system:

(1) Legal system as a normative system,

(2)Legal system as a social system,
(3)Legal system as a combination of formal and non-formal
norms of social control.

Traditionally, first dimension of law is the domain of academic

lawyers. It dealt with the branch of law as a system of norms
which generally deals with the question how law is generated
what forces in the society influenced or created particular kind of
law by hat concept and criteria can be identified by the legal
system.

The Second part of social dimension of law deals with study or

institutional behavior and role of law makers including judges,
police, wrongdoer and law abiding citizens with their influence on
the legal system and process of law.

The Third and final one deal with co relationship between the
legal rules, non legal rules such as religious or customary norms
in sharing law as social control system.

Q.No.4. Is law normative in character or a part of social

system?

Answer: Law in essence is a normative and prescriptive science.

It provides norms and standards for human behavior in a set of
specified situation. It is a rule of conduct of actions. Human laws
are not themselves statement of fact, they are rules or norms
which prescribe course of conduct and indicate what should
happen in default. Whether the norms itself is a correct
statement within a particular system in another matter? This will
whatever tests or accorded by the system. The sanction, however,
it not usually connected in but is merely indicative of what the
rule or its breach prescribes as the consequences of non
compliance. Normative rules must be carefully distinguished
from physical laws which state casual connection. Physical laws
are subjected to verification that is they can be true or false but
the motion of truth or falsity is inapplicable to normative rules.
The different dimensions of social system discussed earlier
ultimately speak of normative character of law and social
contacts of law.

Q.No.5 Comment upon role of law in bringing socio-economic

changes?

Answer: Because law is deeply implicated in our economic,

political, and social worlds, pursuit of social change invariably
involves an engagement with law. Who seek to understand how
law can be harnessed for social change, pr who wish to pursue
careers as social change, agents are encouraged to follow the Law
and Social Change Program of Study.
 At the heart of the Program of Study is an effort to build a
community of students and faculty committed to understanding
and using law as a means of achieving social change. The law
Program holds regular events with faculty and students who can
answer question about course selection, summer plans, and
career options. The Program also sponsors programming on
substantive social change topics and social events to give
students and professors affiliated with the Program the chance to
get to know one another in more informal settings.

Unit-2

Q.No.1 Describe different types of research and explain basis

characteristics of each one of them?

Answer: TYPES OF RESEACRCH

Research is broadly classified into two classes:

1. Fundamental or basic research

2. Applied research

A. Basis Research:

Basic research is an investigation on basic principles

and reasons for occurrence of a particular event or process or
phenomenon. It is also called theoretical research. Study or
investigation of some natural phenomenon or relating to pure
science is termed as basic research. Basic research sometimes ma
not concerned with solving any practical problems of immediately
interest. But it is original or basic in character. It provides a
systematic and deep insight into a problems and facilitates
extraction of scientific and logical explanation and conclusion on
it. It helps build new frontiers of knowledge. The outcomes of basic
research form the bases for many applied research. Researchers
working on applied research have to make use of the outcomes of
basic research and explore the utility of them. Research on
improving a theory or a method is also referred as fundamental
research. Fundamental research leads to a new theory or a new
property of matter or even the existence of a new mater, the
knowledge of which has not been known or reported earlier.

For-example, fundamental research on

(1) Astronomy may leads to identification of ne planets or stars
in our galaxy,
(2) Elementary particles results identification of new particles,
(3) Complex functions may leads to new patterns or new
properties associated with them,
(4) Different equations results in new types of solutions or new
properties of solutions not know so far,
(5) Chemical reactions leads to development of new compounds,
new properties of chemicals, mechanism of chemicals
reactions, etc.,
(6)Medicinal chemistry leads to an understanding of
physiological actions of various chemicals and drugs,

(7)Structure, contents and functioning of various parts of human

body helps us identify the basis for certain diseases.

B. Applied Research:

In an applied research, one solves certain

problems employing well known and accepted theories and
principles. Most of the experimental research, case studies and
inter-disciplinary research are essentially applied research.
Applied research is helpful for basic research. A research, the
outcome of which has immediate application is also termed as
applied research. Such a research is of practical se to current
activity. For example, research on social problems has immediate
use. Applied research is concerned with actual life research such
as research on increasing efficiency of a machine, increasing gain
factor of production of a material, pollution control, prepaing
vaccination for a disease, etc. Obviously, they have immediate
potential applications.

C. Normal and Revolutionary Research:

Basic and applied researches are generally of two kinds:

Normal research and revolutionary research. In any

particular field, normal research is performed in accordance
called a paradigm, which is well accepted by the scientists
working in that field. Normal research is something like puzzle-
solving: interesting, even beautiful, solutions are found but the
rules remain same. In the normal research, some-times
unexpected novel results and discoveries are realized which are
inconsistent with the existing paradigm.
Among the scientist, a tense situation then ensues, which
increases in intensity until a scientific revolution is reached. This
is marked by a paradigm shift and a new paradigm emerges
under which normal scientific activity can be resumed.

D. Quantitative and Qualitative Methods:

The basic and applied researches can be quantitative or

qualitative or even both. Quantitative research is based on the
measurement of quantity or amount. Here a process is expressed
or described in terms of one or more quantities. The result of this
research is essentially a number or a set of numbers. Some of the
characteristics of qualitative research/method are:

.It is numerical, non-descriptive, applies statistics or

mathematics and uses numbers.

. It is an iterative process whereby evidence is evaluated.

. The results are often presented in tables and graphs.

. It is conclusive.

. It investigates the

What, where and when of decision making. Statistics is the

most widely used branch of mathematics in quantitative
research. It finds applications not only physical sciences but also
in economics, social sciences and biology. Quantitative research
using statistical methods often begins with the collection of data
base on a theory or hypothesis or experiment followed by the
application of descriptive or inferential statistical methods.
Qualitative research is concerned with qualitative phenomenon
involving quality. Some of the characteristics of qualitative
research/method are:

.It is non-numerical, descriptive, applies reasoning and uses

words.

. Its aim is to ge the meaning, feeling and describe the situation.

. Qualitative data cannot be graphed.

. It is exploratory.

. It investigates the

Why and how to decision making.

We measure and weigh things in the study of substance or
structure. Can we measure or weigh patterns? We cannot
measure or weigh patterns. But to study patterns we must map a
configuration of relationships. That is, structures involve
quantities whereas patterns involve qualities. If one wishes to
investigate why certain data are random then it is a qualitative
research. If the aim is to study how random the data is, what is
the mean, variance quantitative. Explaining how digestion of food
takes place in our body is a qualitative description. It does not
involve any number or data and quantities.

The detection of a particular compound is a qualitative analysis.

This can be done by carrying out physical or chemical tests.

Determination of exact amount of a particular compound present

in a volume is essentially quantitative analysis. The can be done
by volumetric, gravimetric and colorimetric methods or
instrumental methods. Experimental methods. Experimental and
simulation studies are generally quantitative research. In fact,
the meaning of the numbers obtained by quantitative methods.

E. Other Types of Research

Other types of research include action research ( fact findings to

improve the quality of action in the social world), explanatory
research (searching example finding answer to the question why
are the things like what they are?) exploratory research ( getting
more research (obtaining similarities and differences between
events, methods, techniques, etc.)

Q.No.2. Briefly explains the difference between research

methods and research methodology.?

Answer: Research method:

Research methods are the various procedures, schemes and

methods used by a researcher during a research study are
termed as research methods. They are essentially planned,
scientific and value-neutral. They include theoretical procedures,
experimental studies, numerical schemes, statistical approaches,
etc. Research methods help us to collect samples, data and find a
solution to a problem. Particularly, scientific research methods
call for explanations based on collected facts, measurements
and observations and not on reasoning alone. They accept only
those explanations which can be verified by experiments.

Research Methodology:

Research methodology is a systematic way to solve a problem. It

is a science of studying how research is to be carried out.
Essentially, the procedures by which researchers go about their
work of describing, explaining and predicting phenomena are
called research methodology. It is also defined as the study of
methods by which knowledge is gained. Its aim is to give the
work plan of research

Q. No.3. What is the significance of knowing research

methodology?

Answer: Research Methodology is a way to find out the result

of a given problem. In Methodology, researcher uses different
criteria for research solving/searching he given research
problem. Different sources use different type of methods for
solving the problem. If we thing about the word “Methodology”, is
the way of searching or solving the research problem.

According to Goddard and Melville, “answering unanswered

questions or exploring which currently not exist is a research”.
The Advanced Learner’s Dictionary of current English lays down
the meaning of research as a careful investigation or inquiry
especially through search for new facts in any brand of
knowledge. Redmen and Mory, “define research as a
systematized effort to gain new knowledge”.

In Research Methodology, researcher always tries to search the

given question systematically in our own way and fund out all
the answers till conclusion. If research does not work
systematically on problem, there would be less possibility to find
out the final result. For finding or exploring research questions, a
researcher faces lot of problems that can be effectively resolved
with using correct research methodology.

Q.No.4. What are the objectives of research?

Answer: Every research study has its own goal or objective.

Novertheless, research objective if a given research study may fall
under either of the following broad categories of research
objectives:

1. To gain familiarity with a phenomenon or to achieve new

insights into it.

2. To portray accurately the characteristics of a particular

individual, situation or a group.

3. To determine the frequency with which it is associated.

4. To test causal relationship between two or more than two facts

or situations.

5. To know and understand a phenomenon with a view to

formulating the problem precisely.

6. To describe accurately a given phenomenon and to test

hypotheses about relationship.

Q.No.5. What do you understand by the term legal research?

Answer: Legal research is one of the basic activities in the

practice of the law, and the one probably most undervalued by
the law public. While lawyers on Television are shown
grandstanding in court rooms or meeting clients in offices, the
reality of the law is that it is predicated not on performance and
oration, but on research and study. Legal research is the core of
any legal action, as nearly all laws and legal’s actions are based
on the construction of legal arguments, and legal arguments are
constructed by the support gained through research. All legal
research is drawn from three kinds of recourse: primary,
secondary, and evidential. A primary resource generally refers to
the rule of law, or letter of the law, or in simplest terms, laws as
they are written. Secondary resources are anything for which
supports and as a result it can be a very broad category.
Evidential refers to the physical, material or testimonial elements
that become part of a case and subsequently part of a legal
argument; in simple terms, evidence.

Q.No.6. Describe major steps in legal research?

Answer: This five steps research process can be applied to
almost any research project, but it’s important to remember that
it is not a rigid formula.

Be flexible: sometimes you will get to step three and realize you
have to go back and revise your research plan. Or you might
have some preliminary knowledge, so you can start with step two
or three.

Ultimately, the five steps provide structure for your research and
can help you when you don’t know where to go next.

Here are the five steps, use the tags In the box to the right to get
more information about each step.

1. Formulate a Research Plan

2. Consult Secondary Sources
3. Consult Primary Sources
4. Expand and Update Primary Law
5. Analyze and Organize Results

Q.No.7. Comment upon the utility of legal research?

Answer: Fields of utility of legal research:

SOCIAL ASPECT Social Concept: Control over social based on

knowledge of organization and working of society through
scientific study Social Cohesion: Creation of feeling of oneness,
sympathy and understanding for better problem solving Welfare:
Remove social evils by judging the magnitude of evilness

ACADEMOC ASPECT:

To know what law is: Analytical research relating

to what is law and existence of law Evolution of Law: Understand
process by comparing one or more Law Legal Academicians: For
recruitment purpose ACADEMIC ASPECT

LEGAL ASPEC:

Working of Law: Implementation rate of enacted law

and beneficiary rate Law Administration: Through Establishment
of modified and modernized courts. Law Legislation: Fact finding
through research enables the legislators to legislate an act Law
Reforms: Important and is based on the result observed LEGAL
ASPECT

APPLICATION ASPECT:

Judgment: Judges research the facts of parties and give

conclusion Practicing Lawyers: Search favorable Law proposition
to argue __ accommodative interpretation APPLICATION ASPECT.

Unit-3

Q.No.1. Define and explain doctrinal legal research. Why is it

is known as ‘research in law’?

Answer: Doctrinal legal research is research about what the

principle is a legal scholar undertaking a doctrinal legal research
therefore, takes or doctrines as straight point and focus of his
study. He locates such a principle rules or doctrines as straight
point and focus of his study. He locates such a principle rule or
doctrine in statutory instrument judicial opinion thereon,
discussion therefore, in legal treaties text books, encyclopedias,
legal periodicals and debates, if any that took place at the
formative stage of such a rule, doctrine or proposition. Therefore,
he reads them in a holistic manner and makes an analysis of
the materials as well as of the rules, doctrines and his
conclusions and written up his duty.

Q.No.2. Discuss aims and significance of doctrinal legal

research?

Answer: Doctrinal legal research, as stresses earlier, involves

rigorous analysis of statutory provisions and judicial
pronouncements thereon, The researcher organized his study
around legal provision principles, concepts or doctrines and
judicial statements relating thereto, and/pr reflecting thereon. He
not only makes analysis of statutory provisions and of case law,
but also logically and systematically arranges the statutory
provisions and judicial pronouncements to deduce, on legal
reasoning and rationale, some legal propositions. Doctrinal legal
research thus:

(1) Amis to study case law with a view to find law.

(2)Amis at consistency and certainty of law.
(3)Looks into the purpose and policy of law that exists.
(4)Aims to study legal institutions.

Therefore, doctrinal legal research should not be undermined

merely because it revolves around statutes and judicial decision.
It immensely contributes to the continuity, consistency and
certainty of law. It also initiates further development of legal
principles and doctrines.

Q.No.3. Enumerate and explain different basic tools of

doctrinal legal research?

Answer:

1 Statutory materials: A Legislative Acts constitute one of the

basic tools of doctrinal legal research. However, a plethora of
subsidiary or secondary legislation in the form of rules,
regulations, byelaws, notifications, statutory orders or directives
is found in the modern national legal system.

Sometimes, some law publishers publish, with short notes and

requisite disclaimer, leading and frequently referred to statutes
and statements thereon. Hence, the researcher has to look for
sequent legislative changes and latest cases on the matter under
inquiry. The sole reliance on these books may lead to an
incomplete and misleading research. Further, text book as well
as reference books, owing limitation of space cover a broad area
in the compressed from. Therefore, some ideas may be left with
some cursory remarks by the author’s considerations. Further, a
look into Parliamentary Debates and Government Records may
exhibit some hidden or new dimensions of the doctrine or legal
principle under investigation.

2 Case reports: In almost all the common law legal systems,

judicial decisions of higher courts are published in Case Reports.
A doctrinal legal researcher, therefore, had to look for the apt
Case Reports for laying his hands on the required judicial
pronouncements for this analysis.

Further, Annual Survey, publishing a summary of the most

important cases and outlining the consequential development in
different branches of law, may also be significant tools for
finding cases on the indentified statutes or statutory provisions.
Based on such analysis, he also sketches the development,
progressive or otherwise, of the law in the field during the year
under survey and predicts future course of development.

3 Legal periodicals: It may also be necessary for a doctrinal

legal researcher to known what others have said and found in the
area of his research. Therefore, he is required to look into
research articles published in legal periodicals of repute.
Research articles published on the topic/them of inquiry are of
immense help for a doctrinal legal researcher.

However, he may come across a number of legal periodicals with

an umpteen number of research articles written by scholars of
repute in the field. Sometimes he may feel, rightly so, that it is
impossible for his to go even through the Table of Contents, there
are a good number of indexes published by commercial
organizations and academic and professional bodies that help
him in ‘location’ research articles with comparatively lesser
efforts and time. Some of the acclaimed and widely used indexes
for locating articles are:

i Index to Legal Periodicals.

2. Index to Foreign Legal Periodicals.
3. Index to periodicals Articles Related to Law.
4. Index to Indian Legal Periodicals.
5. Legal Journals Index.
6. Bibliographies.

Q.No.4.Discuss basic aims of non-doctrinal legal research?

Answer: In a non-doctrinal legal research, the researcher tries
to investigate through empirical data how law and legal
institutions affect or mound human attitudes and what impact
on society thy create. Non-doctrinal legal research tires
primarily to seek, among other things answer to:-
a. Are laws and legal institutions serving the needs of society?
b. Are they suited to the society in which they are operating?
c. What forces in society have influenced shaping or re-
shaping a particular set of law or legal norms?
d. Are laws properly administered and enforced or do they
exist only in statute books?
e. What ate the factors, if any, responsible for poor or non-
implementation of the laws?
f. What are the factor that that influenced the adjudicators
courts etc in interpreting and administrating the laws?
g. For Whose benefit law is enacted, and is they using it have
the intended legislative targets benefited from the law if not
for what reasons where do bottlenecks life.
h. What has been impact in changing their behavior and what
are the social obstacles in realization of the expected
behavior or change?

Q.No.5. Do you think that doctrinal legal research and

non-doctrinal legal research are distinct and separate form
each other in their operation?

Answer: These two broad types of legal research are

overlapping rather than mutually exclusive. It is difficult to
draw as sharp theoretical or pragmatic line of differentiation
between the two. The distinctions between doctrinal and non
doctrinal legal research, it there be are of emphasis. In
doctrinal legal research the main objective is to clarify the law,
it there be are of emphasis. In doctrinal legal research the
main objective is to clarify the law, it involves the identification
of fact its underlying policy and measure for improvement.
While non doctrinal legal research gives emphasis and
understanding social dimensions of social fact of law and its
impact on the legal social attitude.

Doctrinal legal research and non doctrinal legal research

thus are not mutually legal research thus are not mutually
exclusive. They compliment or adjunct to doctrinal legal
research without any empirical is hollow and that empirical
work without supporting theory is shallow.

Unit-4

Q.No.1. What is difference between evolutive and

historical legal research?

Answer: Legal research, like any other research, invariably

involves collection and analysis of facts and their
interpretation to ascertain or refute existing information or
add new information thereto.
A legal researcher gets the label of evaluative model of legal
research when a researcher endeavors to find out how will
legal effect, rule, concept, an institution or the legal system
itself came to be what it is today. The researcher attempts to
trace the origin and development of legal effect, in legal
institution.

In historical legal research, a researcher intends to raise

historical antecedent or our legal effect. Racing history of our
particular legal effect becomes significant for historical legal
research.

So, we can say that in a revolutionary legal research the legal

researcher of a legal effect whereas in historical legal research,
history of a particular legal effect has to be traced out.

Q.No.2. Write a note on historical model of legal research

and discuss its significance.

Answer: In historical legal research, a legal researcher intends

to trace historical antecedents of a legal fact

First It becomes useful, when the present statute or statute or

statutory provision has raised meaningful queries and it
becomes necessary to explore the circumstances in which the
present position came out, it gives a significant clue to the
reasons why it was framed in the form in which now it
appears. It helps to remove certain doubts about the legal fact.

Secondly it supplies the researcher the reasons that justify

the present position.

Thirdly it discloses the alternatives, different than the

currently adopted ones.

Fourthly history of a legal fact, when traced deeply and

arranged logically shows gradual evolution of law.

Fifthly historical background of law enable the law-makers to

know the principles used or followed by Legislature from
home.

Sixthly historical background of law or a statutory provisions

helps judiciary in interpreting law in a more rational and
pragmatic way as historical research helps it to know the
historical and political spirit in which that particular law came
into existence and for what reasons. Laws are not made in a
vacuum. They are passed in order to meet some needs of
society.

Seventhly A law have relevant international background when

it is enacted to give effect to the treaty obligations accepted by
the government towards other countries. The practical
importance of an understanding and knowledge of that wider
political context is evidenced by the increasing willingness of
the courts to take account of relevant international
instruments when construing the legislation.

Q.No.3. Discuss and comment upon projective and

predictive legal studies. Do they relate each other?

Answer: A legal researcher generally uses projective model of

legal research when he wants legislation or a proposed legal
measure. Such a legal research is mainly attitudinal, intended
to anticipate the probable response in terms of rejection or
acceptance of a proposed measure. Its purpose is to identify
the parties who stand for and against the proposed law or
legal measure and to locate determinate variables and
situations for peoples’ apathy or sympathy.

Predictive legal studies are used when a legal researcher

intends to anticipate and highlight possible misuse of the
proposed law or legal measure. Such a legal research helps the
lawmakers to minimize or to do away with the possible
undesirable consequences of the generally carried out by Law
Commission, Parliamentary Committees or Joint Select
Committees, takes formal shape and becomes operational.

Q.No.4. Do you agree with a view that collative legal

research is not research in real sense of the term and it
therefore should be discouraged?

Answer: Collative legal research is one where a researcher

prepares a digest of laws, statutory provisions, judicial
pronouncements or annotated bibliography on a particular
topic or subject. The legal researcher connects all the relevant
materials with or without or somebody on a given topic and
arranges/classifies them in a legal manner.
It would be a mistake to undermine this types of legal
research. Properly collated legal material which is reliable,
reasonable extensive and classified logically, is as much
contribution to legal writing as any other material. A well-
collated material will serve a useful purpose by reducing the
labor of researchers. I offers reliable versions of the law.
Collative material has its own value and collative research is
an end in itself.

Q.No.5. What is the significance of knowing different

models of legal research?

Answer: In a legal research collection and analysis of data and

facts and their interpretation is involved so as to ascertain the
existing information and new information thereto. The
different models of legal research have their own strength as
well as limitations. One should be aware of all the models in
order to research the given facts as required. In case of limited
audience, the mono disciplinary legal research is to be made.
In case the historical aspect of the fact is to be probed, the
story can legal research model is one of the best to be adopted.
It is, therefore, necessary for a research models so as to cater
with the fact of problem under research per the requirement.

Q.No.1. What is meant by hypothesis? What

considerations are generally required to be taken into
account while formulating a hypothesis?

Answer: A hypothesis is a tentative statement about the

relationship between two or more variables. A hypothesis is a
specific, testable prediction about what you expect to happen
in your study. For example, a study designed to the hypothesis
that sleep deprived people will perform worse on a test
performance might have hypothesis that states, “This study is
designed to assess the hypothesis that sleep deprived people
will perform worse on a test than individuals who are not sleep
deprived.

Unless you are creating a study that is exploratory in nature,

your hypothesis should always explain what you expect to
happen during the course of your experiment or research.
Remember, a hypothesis does not have to be correct. While the
hypothesis predicts what the researchers expect to see, the
goal of research is to determine whether this guess in right or
wrong. When conducting an experiment, researchers might
explore a number of different factors to determine which one
might contribute to the ultimate outcome.

In many cases, researchers may find that the results of an

experiment do not support the original hypothesis.

Q.No.2. Identify difficulties in formulating a hypothesis

and assess their potentials in diminishing utility of a
hypothesis?

Answer: Before formulating the hypothesis one is aware of the

fact that hypothesis is a relationship between the identified
variables, formulating a hypothesis is not an easy task. It is
still bridles with difficulties. According to GOODE and Hatt,
there are three difficulties in the formulation of useful
hypothesis:

I Absence of clear theoretical framework.

2 Lock of ability to utilize that theoretical framework logically.

3 Failure to be acquainted with available research techniques

so to be able to phrase the hypothesis properly.

Q.No.3. What suggestions would you like to offer to

overcome these difficulties?

Answer: Rober Bales suggests the following test;

1. Are the terms empirically specific, so that the concepts or

variables can be distinguished in concrete situations?
2. Is the posited relationship between variables such that it
could be verified or nullified by means of empirical
operation?
3. Is there any prior evidence as to the truth of falseness of the
posited relationship?
4. Can an appropriate study design be devised?
5. Are the variables ‘context-bound’ or can they be also appied
realistically to other cultures.
6. Are the generalization ‘culture-bound’ or can they bo also
applied realistically to other cultures.
7. Is the empirical system that is constructed sufficiently
precise and articulate to permit predictions in concrete
situations?

Q.No.4.Discuss different sources of hypothesis with apt

illustrations.
Answer: A few prominent sources of hypothesis are
discussed below.
1.Hunch of other: hypothesis may be based simply on
hunch of a person. It is a sort of virgin idea. If tested, may
ultimately make an important contribution to the exiting
sciences or body of knowledge.
2. Finding of other: hypothesis may originate from findings
of other study. It rests on the findings of other studies is
obviously free from the first limitations, there is no
assurance that it may relate with other studies.
3. A Theory or a body of theory:
Hypothesis may stem from existing theory or a body of
theory. A theory represents logical deductions of
relationship between interrelated facts.
4. General social culture: General social culture, in which
a science develops, furnishes many of its basic hypothesis.
Particular value-orientation in the culture generates a
number of empirically testable propositions in the form of
hypothesis.
5. Analogies may be one of the fertile sources of hypothesis.
It stimulate new valuable hypothesis. They are often a
fountainhead of hypothesis.
6. Personal experience: Not only the culture, science an
analogy, among other, affect the formulation of hypothesis.
The way in which an individual reacts to each of these is
also a factor in the statement of hypothesis.
A hypothesis may originate from a variety of sauces, in
isolation or in combination with another. The course
discussed above provides a wealth of hypothesis.

Q.No.5. Role of hypothesis in a scientific manner .

Answer: Ordinarily, hypothesis is a plausible statement or
generalization that is susceptible to empirical testing in a
scientific manner. It is a mere assumption, same
 supposition, a predictive or a provisional, that is capable of
being objectively verified and empirically tested by scientific
methods. Hypothesis is a tentative proposition about
something which can be put to empirical test to determine
its validity. It is a tentative statement of presumed
relationship between two or more concepts or variables. It is
therefore, needs to formulate in such a way that one can
gather empirical evidence for verifying or refusing its
correctness.

Unit-6
Q.No.1. What is meant by research design? Why is it
important to prepare a research design?

Answer: The research design is the structure of a

scientific work. A good research design will obviously describe
the strategy to be employed for choosing samples, collecting
data, managing costs along with other factors which are
important for conducting research. The research methods
which are employed and purpose of the research can also be
utilized to classify the different types of research designs. The
method you select will influence your results and the way you
conclude the finding. The majority of researchers in curious
about getting reliable observations which can help the
understanding of a phenomenon. There are different research
designs that are utilized in research, all with certain benefits
and drawbacks. Which one the researcher employs, is
dependent upon the goals of the study and the nature of the
phenomenon.

Research design carries an important influence on the

reliability of the results attained. It therefore provides a solid base
for the whole research. It is needed due to the fact that it allows for
the smooth working of the many research operations. This makes
the research as effective as possible by providing maximum
information with minimum spending of effort, money and time. For
building of a car, we much have a suitable blueprint made by an
expert designer. In a similar fashion, we require a suitable design or
plan just before data collection and analysis of the research project.
planning of design must be carried out cautiously as even a small
mistake might mess up the purpose of the entire project. The desing
helps the investigator to organize his ideas., which helps to
recognize and fix his faults, if any. In a good research design, all the
components go together with each other in a chorent way. The
theoretical and conceptual framework must with the research goals
and purposes. In the same was, the data gathering method must fit
with the research purposes., conceptual and theoretical framework
and method of data analysis.

The importance of research design in research

methodology is due to the following:

 it may result in the preferred kind of study with helpful

conclusion
 it cuts down on inacuuracy.
 Allows you get optimum efficiency and reliability.
 Reduce uncertainty, confusion and paractical haphazard
related to any research problem.
 Of great help for collection of research material and testing
of hypothesis.
 It is a guide for giving research the right path.
 Gets rid of bias and marginal errors.
 Provides an idea concerning the type of resources needed
in terms of money, effort, time, and manpower.
 Smooth & efficient sailing (sets boundaries & helps
prevent blind search)
 Maximizes reliability of results.
 Provides firm foundation to the endeavor.
 Averts misleading conclusions and thoughtless useless
exercise.
 Incorporates by learning from other people’s critical
comments and evaluations.

Efficient research is dependent first upon the considerate

statements or purpose and objectives, and associated
research questions. These essential preliminary steps in turn
plans for analyses and competent implementation within
bounded timeframes materialized by picking suitable study
types according to coherent research questions, appropriate
data collection, and eventually concludes by drawing
inference based on correctly planned analyses.
Q.No.2. What decisions a researcher needs to take before
designing research?

Answer: A researcher like building architect has to take

decision about certain aspects of his research before he starts
designing his research. The decisions which are needed to be
taken are discussed as follows:-

1 What is the study about.

2 what is purpose of study and its scope.

3 What are the types of data required.

4 Where can the data needed be found and what are their
sources.

5 What will be the place or area of the study.

6 What period of time will the study include.

7 What time is approximately required for the study.

8 What amount of material or number of cases will be needed

for the material.

9 What basis will be used for the selection of the required

material.

10 What techniques of data gathering will be a adopted.

11 What type of sampling of required will be sued.

12 How will the data be analyzed.

Q.No.3. What are the different types of research design?

Answer: Following are the different structural forms/types of

research design.

1. Exploratory of Formularize. Research study is based on

existence stock of knowledge. The formulation of
problems, the objectives of the study and formulation of
hypothesis all depends upon the existence of sufficient
knowledge. The basis aim of research is to gain further
 knowledge with idea of exploring particular research
problems.
2. Disrupting and diagnostic research design. It is concerned
with the description of characteristics particular individuals or
phenomena, groups or individual. In descriptive study, the
researcher must be able to explain what the wants to measure
and find method for measuring. In simple words in such a
study what is needed is a clear formulation of what and who is
to be measured and the techniques for valid ad reliable
measurements.
3. Experimental and explanatory research design.
Experimental study deals with cause and effect problems.
Experimental design differs for descriptive study design,
among other respect in two
4 .important ways in as much the group study led not to be
representative their population.

Q.No.4. What are the different Types of Research Design?

Answer: It is crucial that you select a suitable research design

before any research is started. Various types of research design
methods can be classified as:

Historical Research Design: The idea is to gather, validate,

synthesize evidence to establish facts which defend or oppose your
hypothesis. It makes use of primary sources, secondary sources,
and a lot of qualitative data sources for example logs, diaries,
official data, reports, and so on. Te issue is that the sources need to
be both authentic and valid.

Case Study: It is an in-depth investigation of a specific research

problem as opposed to a sweeping statistical survey. It is usually
employed to limit a very wide area of research into one or a few
easily researchable examples. The case study research design can
also be helpful for testing whether a particular theory and model
actually pertains to phenomena in real life. It is a useful design if
not much is known about a phenomenon.

Descriptive research: Descriptive research includes much

government backed research such as the population census, the
gathering of a broad range of social indicators and economic
information for example household expenditure patterns, time use
studies, employment and crime statistics.
Causal Design: Causality research could be regarded as
understanding a phenomenon with regards to conditional
statements in the from, “If A, then B.” This kind of research is
utilized to determine what affect a certain change may have on
present norms and assumptions. The majority of social scientists
seek causal explanations which reflect tests of hypotheses. Causal
effect takes place when variation in one phenomenon, an
independent variable, results in, on average, in variation in another
phenomenon, the dependent variable.

Longitudinal Research Design:

A longitudinal study consists of a paned, which is a fixed sample of

elements. The elements could be shops, retailers, individuals, or
other entities. The paned, or sample, stays relatively constant over
time, despite the fact that members may be added to replace
dropouts or to keep it representative. The sample members contract
with the one-time measurement in a cross-sectional study.

Cross-Sectional Design: Cross-sectional research designs have 3

exclusive features: no time dimension, a reliance upon present
difference rather than change following intervention; and, groups
are chosen according to existing differences as opposed to random
allocation. The cross-sectional design can only measure differences
between or from among a number of people, subjects, or
phenomena instead of change. As a result, researchers passive
approach to making causal inferences based on finding.

Correlation or Prospective Research Design:

It tries to discover relationships to make predictions. It uses one set

of subjects with a couple of variables for each.

Cohort Design: A cohort study is a research program looking into a

specific group with a certain trait, and observes over a period of
time. A few examples of cohorts may be those who have taken a
certain medicine, or have a medical problem.

Observational Design: This kind of research design draws a

conclusion b evaluating subjects against a control group, in
situations where the researcher doesn’t couple of general types of
observational designs. In direct observations, people realize that
you are watching them. Unobtrusive measures include any way of
studying behavior where individuals have no ideas they are being
observed. And observational study allows a good insight into a
phenomenon and eliminates the establishing a large and
cumbersome research project.

Experimental Research Design: This design is best suited in

controlled random assignment of subjects and random assignment
to groups (And C.). It tries to investigate cause and affect
associations where causes could be manipulated to generate
different types of effects. Due to the requirement of random
assignment, this design can be challenging to carry out in the real
world (non laboratory) setting.

Philosophical Design: This method makes use of the tools of

argumentation based on philosophical traditions, concepts, models,
and theories to critically explore and challenges, for instance, the
relevance of logic and evidence in academic debates, to evaluate
arguments about fundamental problems, or to discuss the cause of
exiting discourse about a research problem.

Explanatory Research: It concentrates on why questions. For

instance, it is one thing to describe the crime rate in a nation, to
analyze trends over time or to compare the rates in various
countries. It is quite a different thing to develop explanations
regarding why the criminal activity rate is as high as it is, why some
kinds of crime are growing or why the rate is higher in some nations
than in others.

Q.No.5. Describe and explain, with apt illustrations, the major

steps followed in preparation of a researcher design?

Answer: Research design refers to the process of planning and

carrying out research study which involves following major steps:-

1. Formulation of research problems.

2. Decision about suitable population for the study and setting
down the sampling procedure.
3. Devising tools and techniques for gathering data.
4. Setting the arrangements for the editing coding, process of
data.
5. Determination of the mode if administering the study.
6. Indicating the procedures and statically indices for the
analysis of data.
7. Deciding about the mode of presentation of the research report
The above referred steps can further be divided into four major
stages.
 1. The planning stage.
2. The design stage.
3. The operation stage.
4. The completion stage.

Unit-7

Q.No.1. Definitions of some key-technical concepts in sampling

techniques:

Answer:

Population: The whole group from which the sample is drawn is

known as universe of population,

Sub-population: Where a whole group from which the sample is

withdrawn is divided into a number of strata or groups such strata
or groups are called sub-population.

Element: A selected portion of population on which the researcher

proposes to investigate as it is usually difficult to study the entire
universe of the total population such selected portion is known as
element.

Sample: A portion of elements selected by the researcher from the

larger portion of population is called as a sample.

Sampling: The process of drawing elements for the large population

of universe is called sampling.

Sampling techniques: A plan of sampling used by the researcher

to collect all the relevant information facts from all levels of the
selected topics, are called sampling techniques.

Sampling-error. The difference between the information gathered

from the sample and from the information which would have been
obtained from the whole population is known as sampling error.

Q.No.2. The significance of sampling technique in legal

research?

Answer: The sampling technique is broadly used now-a-days. With

reference to legal research, the sampling has acquired an important
place.
1. With the help of this method a large number of units can be
studied when the area is very large this method can apply very
easily.
2. A lot of time energy and money is saved by this method.
3. It is very useful where all the units of an area are similar
(Homogeneous).
4. Intensive study is possible through this method.
5. When the data are unlimited, the use of this method is very
useful.
6. When accuracy is not required hundred percent this
techniques becomes inevitable.

Q.No.3. The distinction between random and non-random

sampling techniques?

Answer:

Simple random sample: Each unit in the population is

identified, and each unit has an equal chance of being in the
sample. The selection of each unit is independent of the selection
of every other unit. Selection of one unit does not affect the
chances of any other unit.

Non-probability (Non-random) sample: These samples focus on

volunteer’s easily available units or those that just happen to be
present when the research is done. Non-probability samples are
useful for quick and cheap studies, for case studies, for
qualitative research, for pilot and for developing hypothesis for
future research.

Q.No.4. Assumptions underlying is sampling.

Answer: In sampling it is physically and financially not possible

for the researcher to contact each and every person coming
under the purview of social problem. In this regard, certain
assumptions are to be made. The whole group is based upon
following assumptions.

1. The units of samples selected must have likeness or similarity

with other units to make the sampling more scientific.
2. The sample should be such that it can represent adequate the
whole data.
3. Each unit should b free to be included in the sample.
 4. Absolute accuracy is not essential in the sample method. The
results of the sampling methods should be such that valid
generalization can be drawn.
5. The maximum amount of information must be gathered as
accurately as possible.

Q.No.5. Factors to be considered while drawing sample/In

Choice of Sample.

Answer: The best method for any inquiry depends o the nature of
population to be sampled the time and money available for
investigation and the degree of accuracy required. The sample
must be representative of the population under study. A sample
is representative to the degree to which it reflects the
characteristic of population.

The representative of sample is very difficult to be checked. It

depends upon the degree of precision with which the population
is specified, the adequacy of the sample and the heterogeneity of
the population. Sample must be adequate of sufficient size ot
allow the researcher to have confidence in the inference.

The fundamental rules in this regard can be summarized:-

1. The universe or population must be defined precisely.

2. Before drawing the sample the unit of sample should be
defined.
3. Appropriate source list containing the name of units of
universe of population from which the sample is to be selected
should be prepared before band in case it does already exist.
4. Size of sample to be selected should be pre-determined.

Unit-8

Q.No.1. Different types of research data collection tools.

Answer: For the effective administration justice, it is necessary to

study social phenomenon by using research tools. Data collection is
the heart of research, There are two main sources of data collection
1.e primary ad secondary. In the former data is collected from the
persons directly whereas in the later the material is taken from
published and unpublished documents or books.

Following are the tools of data collection.

 1. Interview.
2. Questionnaire
3. Survey’s
4. Observations’

Q.No.2. Discuss Basic tools of data collection like interview,

survey, questionnaire and observation?

Answer: Interview: interview as research method means asking

question and receiving answers form people being interviewed. It is
very wider use in social research including the legal research.

Following types of interviews.

1. Fully structured interview.

2. Semi structure interview.
3. Unstructured interview.

Survey: survey research entails collection of data on a number of

units and usually at a single juncture in time with a view to
collection systematically s body of quantifiable data in respect of a
number of variables which are then examined to discern patterns of
association.

Questionnaire: These are questions asked to many people as a way

of gathering information about what people thing or do generally.
The questions are usually systematically written and printed on
papers. Most surveys also involved use of questionnaire as the basic
approach to survey data collection.

Questionnaire Methods: fundamentally different approaches to the

use of observations methods in inquiry have been employed. Two
popular types are participant observations and which is an
essentially question native type and has been sued in verity of
disciplines included in the legal profession.

Q.No.3. What is the interrelationship between the survey and

questionnaire?

Answer: There is great inter relationship between survey and

questionnaire without question hour, one researcher can conduct
survey. In survey by putting question we collect data for research so
there is deep inter relationship between them. Survey may be used
questionnaire based interview based or observational based. The
researcher tend to have strong frequently polarize views about the
place and important and importance of survey. Some are the
reliability and validity of survey data depends on a considerable
extent on the technical proficiency of those running the survey.

No withstanding all these cavities s good competently run survey is

something all generalized real worked researcher should be able to
offer. Survey proves the sort of data which are not different for an
particularly an audience who is scientifically literate.

Q.No.4. What are the special advantages of using observation as

method of data collection and its different types?

Answer: The action and behavior of the people are central aspects
in virtually any enquiry. A natural and obvious technique is o watch
what they do to record this is some way and then to describe
analysis and interpret what we a have observed.

There are two types if observation 1.e participation observation and

structured observation. Participation observation is an essentially
qualitative style which has been used in variety of discipline
including in the legal profession. Structured observation on the
other hands is exclusively linked to fixed design of both experiment
and non experimental types.

Special advantages of using observation:

1. Its major advantage as a technique is its direction. You don’t

ask people about their views, felling or attitude. Your watch
that they do and listen to what they say.
2. Data from direct observation contract with and can often
usefully complement in information obtained by virtually any
other technique.
3. Observation also seems to be prominently the appropriate
technique for getting at real life in the real world. Direct
observation in the field permits a lack of artificially which is all
to rate with other techniques. For example a judge in a court
of law can use his observation in performing his daily
judgeship takes to do researches on the application of law on
various issues.
Q.No.5. Discuss the respective advantages and disadvantages of
employing interview?

Answer: Advantage of interview: There are some objectives or

advantage of interview which are stated below:

1. Easy correction of speech: Any misunderstanding and

mistake can be rectified easily in an interview and interviewee
physically present before the interview board.
2. Development of relationship:

Relation between the interviewer and the

interviewee and the interviewer and interviewee physically
present before the interview board.

3. Selection of suitable candidate:

Suitable candidates can be selected through interview because
the interview can know a lot about the candidate by this
process.
4. Collection of primary information:
Interview can help to collect the fresh, new and primary
information as needed.
5. Sufficient information: Sufficient information can be
collected through the interview process. Because the
interviewer can ask any question to the interviewee.
6. Time saving: Interview can help to save time to select the best
suitable candidate. Within a very short time communication
can be accomplished with the interview.
7. Less costly: It is less costly than is very simple, prompt and
low cost method of communication.
8. Increasing knowledge: An interview increases the knowledge
of both the interviewer and the interviewee. They can
interchange their views and ideas.
9. Explore cause behind the problem: In business, executives
need to solve different types of problems. To explore or to find
out the actual reasons behind the problem, interview method
can be used.
10. In depth analysis: Through planed interviews detailed
information can be collected which enables proper analysis of
a problem. Abstract factors like attitudes, feelings opinion etc.
can be successfully evaluated or analyzed through interviews.
11. Solving labour problems:
 Labour unrest and other disputes are very common in the
industries. Sometimes human resource managers use the interview
as a means of revealing actual causes behind the labour disputes.

12. Flexible: One of the major advantages of interview is

feasible. That depends on the situation it can be framed
differently.

Disadvantages of interview: There are some limitations of the

interview process. It is not free from defects. The disadvantages
of the interview are discussed below:

1. Incomplete Process: Suitable candidate cannot be selected by

interview only. The written test is more important than the
interview.
2. No record: In the case if the interview some confusion may be
arise in the future as, there is no evidence actually that have
been discussed at interview.
3. Lack of attention: Much attention is required for a good
interview. But sometimes it is observed that both the
interviewer and the interviewee are less attentive. That is why
real information cannot be collected.
4. Disappointed: Interviewee may be disappointed while she or
he faces the interviewer’s questions which are not related to
the field. That is why suitable candidate may be neglected.
That is why real information cannot be collected.
5. Time consuming: Time constrain is one of the major
limitations of the interview process. Preparation for the
interview, taking interview and interpretation of the responses
required much time, which makes the interview method time
consuming.
6. Bases of interviewer: Always there is expensive.
7. Costly: Generally interview method is expensive.
8. Inefficiency of the interviewer: Interview is a systematic
process of data collection. The success of an interview depends
on the efficiency of the interview. This inefficiency of an
interview can lead to misleading results.
9. Not suitable for personal matters: personal matters may not
be revealed by interview method.

Unit-9

Q.No1. Disuses the difference between doctrinal legal

research and non-doctrinal research?
Answer: Those broad five options available to a legal scholar can
be divided into two broad categories of legal research: (1)
doctrinal legal research, and (2) non-doctrinal regal research.
Doctrinal legal research Is defined as research into legal
doctrines through analysis of statutory provisions and cases by
the applications of power of reasoning. It gives emphasis on
analysis of legal rules, principles or doctrines while non-doctrinal
legal research is defined as research into relationship of law with
other behavioral sciences. It gives prominence to relationship of
law with the people, social valued and social institutions. It
endeavors to highlight the relationship between law and other
behavioral sciences and social facts. It involves empirical inquiry
into the operation of law. Here inquiry is directed to some
manifestation of human behavior as law affects it or as it affects
law. The researcher wants to know to what extent certain leal
rules work or have worked.

Doctrinal legal research endeavors to develop theories, and non-

doctrinal legal research endeavors to see as to whether the
theories, the doctrines, that we have assumed are appropriate to
apply on society at a given time, are still valid and relevant. Not-
doctrinal legal research helps to test whether the theories
assumed (in law) work in the way they should. Doctrinal legal
research is ‘research about law’. It involves a systematic
exposition, analysis and critical evaluation of legal rules,
doctrines or concepts, their conceptual bases, and inter-
relationship. To put it in a different way, a doctrinal legal
researcher indulges into analysis of ‘black-latter’ of law. He
therefore sticks pretty close to the primary source materials, to
the Constitution (where legal system have one), to legislation
(statutes, statutory instruments) and to the leading judicial
decisions (the precedents). While a non-doctrinal legal researcher
is interested in knowing ‘law-in-action’ through empiricism

Q.No.2. Why do we need analyzing facts that we have already

gathered?

Answer: The bases for a legal research are facts, without which
we cannot imagine about legal research. A legal researcher
should first identify and gather pertinent facts of any given
 situation that, indeed, indicates the issues of law that need to be
researched.

Once you have identified and gathered facts, one may ready to
analyze the, to determine the legal one need to research. This
analysis invokes thinking of words that describes the various
aspects of characteristics of proble, organizing the facts and
shaping them. The important suggestion system for gathering the
elements of analysis of facts common to all problems is:

1. Analyzing parties or person involved in case under

investigation.
2. Relief or solution sought.
3. Brief of the case as issue involved.
4. Defense of opposite argument to the action or issue.
5. Places where the facts across and objects and things involved.

Q. No.3. What are the systems of analyzing facts?

Answer: Once facts have been identified and gathered them in

order to determine legal issues are to be analyzed the important
systems of analyzing facts are as follows:-

1. Analyzing parties of person involved in case under

investigation
2. Relief or solution sought.
3. Brief of the case as issue involved.
4. Defense or opposite argument to the action or issue.
5. Places where the facts across and objects and things involved.

Q.No.4. What do you understand by authorities in legal

research?

Answer: Authorities are important tools that we rely on reaching a

conclusion in a research proposition. He relevance of the kinds of
the authorities depends on the type and nature of research,
whether it is descriptive comparative conceptual, applied or
pragmatic. The authorities are generally of two kinds those are
discussed as follows:-
Primary Authorities: Those authorities include any law such as
constitution, proclamation, regulations, character, treaties any
directive etc.

Secondary Authorites: These authorities are normally to be used

by a researcher in reaching a conclusion. The examples of
secondary authorities are legal and non legal encyclopedia,
dictionaries such as black’s law dictionary and legal treaties.

Q.No.5. Why do we need to do legal research?

Answer: By doing legal research, student of law may be get

enlightened regarding law, reading the law and updating the law.
Once issues to be researched are clear to a legal researcher, the
next step is finding the law. After the legal researcher has found the
law, he should need the law articles as possible in order to
determine whether the law is applicable to the research problem
and whether the law is still valid up to date or not repeated or
amended.

Legal research itself solves the problem using the law. Therefore in
order the use the law as an instrument of problem solving, the
researcher has to find and then read it as thoroughly as possible to
determine whether that law is pertinent or the research problem
and it is valid and operative law. Read the law and update the law
and should complete the legal research.

A Legal research must be meaningful so that lacunas must be

identified that for the well being and keeping in view the need of
people laws must be made.

Unit-10

Q.No.1. What do you understand by citation?

Answer: A “citation” is the information used to locate a book,

article, or web page. Citations are found in bibliographies and
databases A citation is a way of giving credit to individuals for their
creative and intellectual works that you utilize to support your
research. It can also be used to locate particular sources and and
combat plagiarism. Any time you quote, paraphrase, or summarize
ideas that are not your own, your must cite.
Article citations include:

Authors (S)

Articles Title

Journal Or Magazine name

Year and month (if available)

Volume and Issue number

Page numbers

doi number (for recent articles)

.Book citations include:

Author (s)

Book Title

Publisher and Place of Publication

Year of publication

.Web page citations usually include:

Title of page

Author (if any)

URL/internet address

Data accessed

Q.No.2. What is the importance of studying rules of citation?

Answer: A citation is both a signpost and an acknowledgment. As a

sign post, it signals the location of your source. As an
acknowledgement, it reveals that you are indebted to that source. A
citation can appear in different formats: within the text (in –text
citation) at the bottom of the page (footnotes), or at the end of the
paper (endnotes). Different disciplines use different formats. The
mechanics of citing are complicated, and very in each format. To
answer specific questions on the mechanics of citation, please
consult sources describing each type. You may find it most useful
to think about how citations function as a way for you as a writer to
communicate with your reader. By using citations, you keep the
reader always apprised of whose idea or words you are using at any
given time in each sentence and in each paragraph.

Three Reasons Why Citation is Important

Citation is important because it is the basis of academics, i.e the

pursuit of knowledge. In the academic endeavor, individuals look at
evidence and reason about that evidence in their own individual
ways. That is, taking what is already known, established, or
thought, they use their reasoning power to create new knowledge.
In creating this knowledge, they must cite their sources accurately
for three main reasons:

Reason One: Because ideas are the currency of academy first,

citing sources is important because the currency of academia is
ideas. As a result, academics want to accumulate that
contributions. When a writer cite ideas, that writer honors those
who initiated the ideas, that writer honors those who initiated the
ideas.

Reason two: Because failing to cite violates the rights of the person
who originated the idea Second, keeping track of sources is
important because, if you use someone else’s idea without giving
credit, you violate that person’s ownership of the idea. To
understand this violation, envision the following scenario: You and
your friend are discussing some ideas from class during lunch one
day, and you make what you consider to be a particularly insightful
observation. During class discussion that afternoon, your friend
brings up your observation but neglects to point out that it is yours,
not his.

The professor beams and compliments your fiend on his clear and
insightful thinking. In this scenario, you likely feel that there’s
something unfair about your friend’s implicit claim that your idea
was his or her own. After all, you had been thinking about the idea,
perhaps had devoted time to developing it and you are not getting
credit for it. Worse, someone else is. That sense of violation you feel,
the sense that something valuable has been stolen from you,
suggests why failure to cite sources hurts another person.

The Importance of Citation Reason Three:

Because academics need to be able to trace the genealogy of ideas

third, keeping track of sources is important because academics
value being able to trace the way ideas develop. Consider the
scientist who looks at an experiment described in a new
publication, and then decides to perform an experiment to extend
the results. At the same time, other scientists are planning
experiments to test the findings, to contest the findings, to relate
the “second generation” ideas, proper citation will allow that person
to explore the original publication to trace the way the idea has
developed. In general, scholars must be able to trace how ideas
develop in order to consider, think about, and test them accurately.
So giving credit thing to do so, as well as the basis on which
academia is built for more discussion on the ethical responsibilities
of scientists in citing sources, sharing credit and other matters.

Q.No.3. Discuss the difference between footnote and endnot.

Answer: The primary difference between a footnote and an endnote

is their location is the paper. A footnote is placed at the bottom of
the page that contains the reference it refers to. An endnote is
placed at the end of the paper. A footnote is often a more
abbreviated extension of n in-text citation while endnote often
provide through details about the reference cited. In either case, a
small number is expressed above the in-text citation---
superscript---, with the matching number in the footnote or
endnote containing the notation.

Q.No.4. What is bibliography? And discuss its difference from

footnote/endnote?

Answer: Bibliography contains details of all the books, articles,

reports and other relevant work you have directly referred or
consulted during you research in thesis or report. It should contain
three sections:-

1. Table of cases
2. Tables of law
3. Other bibliographical table

Bibliography differs from footnotes in several respects. In footnote

the author name is given in is normal order whereas in bibliography
by sir name. Punctuation and indentation in a bibliography defers
from what is found footnote.
Q.No.5. What is the purpose of writing bibliography?

Answer: At the end of all pieces of academic writing, you need a list
of material that you have used or referred to. This usually has a
heading: references but may be bibliography or works cited
depending on the conventions of the system you use.

The object of your writing is for you to say something for yourself
using the ideas of the subject, for you to present ideas you have
learned in your own way. The emphasis should be emphasis should
be on working with other people’s ideas, rather than reproducing
their words. The ideas and people that you have referred need to be
made explicit by a system of referencing. This consists of a list of
materials that you have used at the end of the pieces of writing and
references to this list at various points throughout the essay. The
purpose of this is to supply the information needed to allow a user
to find a source. Therefore, at the end of your assignment you need
a list of the materials you have used-a bibliography or a reference
list.

There are many ways of writing a list of references- check with y our
department for specific information.
ASSIGNMENT ON ISLAMIC LAWS

SEMESTER (FALL) 2017

SUBMITED BY:

Riaz Ahmed Khan

PRESENTED TO:

Dr. jamil Ahmad Shehzad

The UNIVERISTY OF LAHORE

Post Graduate Institute of Law

1. INTRODUCTION

Quran is the primary source of Islamic Law; but it is not

in codified form. It covers all aspects of human action, e.g. moral,
ritual, legal and worldly aspects. All Usulis are unanimous on the
point that Holy Quran is the base of Islamic law; thus providing
the primary legislation on Islamic legal system. Its authenticity
as the source of law lies in the fact that it is direct speech of God.
All other sources derive their authenticity and validity from
Quran.

2. MEANING OF WOED “QURAN”

The word Quran is derived from Arabic word Qir’at which

means reading or reciting.

3. DERINIATION:

The Usulis are generally reluctant to define the Quran

because according to them book of as wider scope as of Quran
can’t be confined within a definition. However they’ve attempted
to define the same but have mentioned simultaneously that the
definition is for the purpose of recognition of the book and should
not be considered comprehensive.
4. AL-BAZDAWI’S DEFEINITION

Al-Bazdawi defines it in following words;

“The Quran is the book revealed to the messenger of Allah,

Muhammad (PBUH) as written in the masahif and transmitted to
us from him through an authentic continuo narration without
doubt.”

5. QURAN AS A DIVINE SOURCE:

The entire ummah agrees that the Holy Quran is the

divine source of law. It is thus binding on the jurists to have
recourse to it while discovering any law. It was revealed on the
Holy Prophet PBUH by way of tawatur thus obviating every
possibility of its being changed by any human being.

On the other hand jurists also agree that the Quran

covers all aspects of human life either expressly or by
implication. There is a statement of al Shafi that “There is no
incident that befalls on of those who follow the din of Allah
without there being evidences in the book of Allah providing
guidance for it”

6. PERIOD OF REVELATION

The Qur’an was revealed over a period of about 23 years, of

which over 12 years represent the Makkan period prior to the
Hijra and 10 years fall within the Madinan period where Holy
Qur’an covered: the position of women, children, orphans and
the weak; restrictions on the laxity of morals and strengthening
of the marriage tie and family life; the law of retaliation, theft,
drinking, gambling, prohibition of usury and interest in all
forms, and the performance of contracts. Most of these laws
were revealed in a gradual manner in response to issues and
cases faced by the Muslims and the society.

7. THE METHOD OF LEGISLATION

 Section of the Holy Qur’an were continuously revealed to
the Holy Prophet Muhammad (SAW) from the beginning of his
prophet hood in the year 609 CE until shortly before his death
(623 CE), a period of approximately twenty-three years. The
various sections of the Holy Qur’an were generally revealed to
solve the problems which confronted the Prophet (SAW). And his
follower in both Makkah and Madina. A number of Qur’anic
verses are direct answers to questions raised by Muslims as well
as non-muslims during the era of prophet hood. Many of these
verses actually begin with the phrase “They ask you about.” For
example,

“They ask you about fighting in the

forbidden months .Say, ‘Fighting in them is a
grave offense, but blocking Allah’s path and
denying Him is even graver in Allah’s
Sight,’ (Sooraal-Baqarah(2):217)

“They ask you about wine and gambling.

Say, There is great evil in them as well as
benefit to man. But the evil is greater than the
benefit”. (Soorahal-Baqarah (2): 219)

The reason for this method of legislation was to achieve

gradation in the enactment of laws, as this approach was more
easily acceptable by Arabs who were used to complete freedom. It
also made it easier for them to learn and understand the laws since
the reasons and context of the legislation would be known to them.
This method of gradual legislation was not limited to the laws as a
whole, but it also took place during the enactment of a number of
individual laws. The legislation of Salaah (formal prayers) is a good
example of gradation in the enactment of twice per day, once in the
morning and once at night. Shortly before the migration to
Madinah, five times daily Salaah was enjoined on the believers.
However, Sallah at that time consisted (sunset) prayers which were
three units. After the early Muslims had become accustomed to
regular prayer, the numbers of units were increased to four for
residents, except for Fajr (early morning) prayer and that of
Maghrib.

8. INFORMATION CONTAINED IN THE HOLY QUR’AN

The body of information contained in the Holy Qur’an, as

a whole, may be grouped under three headings with regards to
the fields of study to which they are related:

 First: Information related to Faith i.e. Belief in God, His

angels, His scriptures His Prophets, and the affairs of the
next life. These topics are covered within the field of study
known as theology (‘llm al-Kalaam of al-Aqeehad)
 Second: Information related to deeds of the heart and soul,
and moral principles and rules of conduct aimed at the
development of nobility of character. These areas represent
the field of moral science known as ethics (llm al-Akhlaq).
 Third: Information related to deeds of the limbs and
contained within a body of commandments the field of law.
9. ISLAMIC LEGISLATION IN THE HOLY QUR’AN

Islamic legislation in the Holy Qur’an is comprised of a

variety of acts which have been enjoined by divine decree on
mankind. These acts may be grouped in two basic categories with
regard to the parties involved in the acts:

A. Dealings between Allah and men:

These are the religious rites which are not valid without
correct intentions. Some of them are purely religious forms of
worship, like prayer and fasting; while others are socio-economic
forms of worship, like Zakat (compulsory charity); and yet others
 are socio-physical forms of worship, like Haff. These four acts of
worship are considered the foundation of Islam after faith.

B. Dealings among men.

The laws governing these dealings may themselves be

divided into four sub-sections relative to the subject matter of the
dealings:

I. Laws ensuring and defending the propagation of Islam. These,

are embodied in the codes of armed or unarmed struggle
(Jihad).
II. Family laws for the development and protection of the family
structure. These include laws concerning marriage, divorce
and inheritance.
III. Trade laws governing business punishments and or
compensations for various crimes.
IV. Criminal laws specifying punishments and or
compensations for various crimes.
10. COMPILATION OF HOLY QUR’AN

The compilation of the Holy Qur’an took place in

three stages:
1. During the lifetime of the Holy Prophet (SAW)
2. During the caliphate of Hazrat Abu Bakr (RA)
3. During the caliphate of Hazrat Othman Bin Affan (RA

1. IN THE LIFETIME OF THE HOLY PROPHET (SAW)

There is ample evidence showing that the entire Holy

Qur’an was written down in the Prophets (SAW) received revelation
he would instruct scribes to record the revelation on parchments of
paper or pieces of leather. He would also indicate in which Surah
each ayah was to be placed. The Companions never interfered in
the arrangement of the ayahs and Surahs which are the same in
copies of Qur’ans available today. Hazrat Zaid bin Thabit (RA) was
one of the most prominent companions would compile the Qur’an in
the presence of the Holy Prophet (SAW). During this time the names
of the Surahs were also known.

II. IN THE TIME OF HAZRAT ABU BAKR (RA), THE FIRST

CALIPH

A detailed account of this is contained in an account

given by Zaid bin Thabit, in Sahih Bukhari. After the death of the
Holy Prophet (SAW) an imposter called Muslimah announced falsely
his own Prophet Hood. Hazrat Abu Bakar (RA) sent a Muslim
expedition against him and a harsh battle took place in 632 A.D (11
A.H) at the place of Yamamah during which hundreds pg Hafiz were
martyred. Hazrat Umar bin Khattab (RA) became concerned at the
heavy loss of Hafiz, fearing that a large part of the Holy Qur’an
could be lost if the rate of martyrdom increased. He expressed hese
fears to the Caliph Hazrat Abu Bakar (RA) and asked him to
compile the Holy Quran into a permanent book form. Hazrat Abu
Bakr (RA) was at first shocked at the request and said he could not
do something that the Holy Prophet (SAW) had never done in his
own lifetime. However, Hazrat Abu Bakr (RA) continued to persuade
him until Hazrat Abu Bakr (RA) and said his heart was opened by
Allah and he agreed to the suggestion.

Hazrat Abu Bakr (RA) called upon Hazrat Zaid bin Thabit
(RA) to collect and compile the Holy Qur’an into one volume. Hazrat
Zain Bin Thabit was also astonished at this request and declared it
would have been easier for him to shift a mountain than to do such
a task. He too questioned how they could do something that the
Holy Prophet (SAW) had not done. Hazrat Abu Bakr (RA) replied this
was a good thing and began to persuade him until Allah opened the
heart of Hazrat Zaid bin Thabit (RA) who agreed to do this too.
Hazrat Zaid bin Thabit (RA) set about completing the task. He
collected all the written parts of the Holy Qur’an from data leaves,
parchment and pieces of leather and also listened to many of the
hafiz who recited verses from their memories. After having carefully
compare and cross checked each ayah, he compiled the written
Holy Qur’an into one single volume. Hazrat Abu Bakar became its
official custodian, passing on to Hazrat Umar Bin Khattab (RA)
during his caliphate. After his death the Qur’antic volume was
passed into the custody of his daughter Hazrat Hafsah (RA).

III. IN THE TIME OF HAZRAT UTJHAMN BIN AFFAN (RA),

THE THIRD CALIPH

As the Islamic empire increased it incorporated many

different nations and tribes who did not speak and understand
Arabic. As a result difference in reciting the Holy Qur’an and
pronunciation began to occur. It is reported by Hazrat Anas bin
Malik (RA) that Hazrat Hudaifah bin Yaman (RA) had been involved
in the victories of the Muslim run Sham, now modern day Syria,
and Iraq over Armenia and Azerbaijan. He heard the differences in
the recitation of the Holy Qur’an by the inhabitants there. Upon his
return he related these concerns to Hazrat Uthamn (RA) who
expressed a deep apprehension at this new development. They both
feared conflicts could arise, replicating the problems that had
occurred in the authenticity of the Bible and Toroth. Hazrat
Uthman (RA) took action and asked Hazrat Hafsah (RA) for the
original volume of the Holy Qur’an promising to return it to her
once copies were made. She sent it immediately to him. Hazrat Zaid
Bin Thabit (RA), having been responsible for the first compilation
was appointed as the head of a committee to make exact and
perfect copies of the original. The other committee members
consisted of Hazrat Abdullah bin Zubair, Hazrat sa’id bin Al A’as
and Hazrat Abdur Rehman bin Harith (RA). Hazrat Uthman any
point wit Hazrat Zaid (RA) then the relevant ayah should be which
the Qur’an was revealed.

Once copies were made the original was returned to

Hazrat Hafsah (RA). The new copies were then distributed to every
Muslim province with the orders that all other copies of the Holy
Qur’an, be they full or partial copies, were to be burnt and replaced
by this original one. Since that that day the Holy Quran has
remained in its original pristine form and will remain as such in the
future by the Grace and Blessings of Allah Almighty.

11. ATTRIBUTES OF QURAN:

The Quran is a speech of Allah Almighty revealed to

Muhammad (PUBH); it is specified in Al Najm: 3 that “And He does
not speak of His own desire, it is all revealed on Him”

The Arabic words of the Quran as well as their meanings

are both revealed, thus no translation or tafseer can become part of
Holy Quran;
The Quran is transmitted to us by way of Tawatur.

The ijaz of Quran is that the human beings are unable to

imitate it or to bring about something similar to it.

12. MATHODS OF DERIVING LAWS FROM QURAN:

Law can be derived through;

1. Established fundamental versus;

2. Through sunnah interpreting the verses of Quran;
3. Through Ijtehad on the Verses;
4. Through Ijma of Ummah; and
5. Through Qiyas on the Verses.
13. NATURE OF QURANIC REFERENCE:

There are two basic systems of Quranic legislation;

1. Fundamental;
2. Allegorical;

Quranic reference: He it is who has sent down to thee the

book, in it are verses basic and fundamental; they are the
foundation of the book, other are allegorical (3:7).
14. KINDS OF AHKAM IN HOLY QURAN:

1. Hukam-e-talifi; and
2. Hukm-e-wadii;

A.HUKM-E-TAKLIFI;

The term takliif indicates the presence of element of

difficulty in ay act. Hukm-e-taklifi is hukm which demands from
human being to do a particular act in a specific ay. Following are
classifications of act;

Wajab: These are recommended act. To obey them is

recommended and disobeying is not a sin.
Mandoob: These are forbidden acts; doing anything harm
is strictly forbidden and is a sin.
Makruh: These are the acts which are recommended to
be avoided.
Mubah: These are acts of indifference these are neither
prohibited nor recommended.

B. HUKM-E-WADII:
It is a communication; which declares a thing to be
a cause of condition of a rule or an impediment to it. It
becomes effective a cause of inheritance.
 15. LEGISLSTIVE FUNCTIONS OF HOLY QURAN:

The Holy Quran deals with both civil and criminal laws.
The Holy Quran is a source of the following Laws:

1) Criminal Law:
Injunctions regarding mudud have been laid down in the Holy
Quran:

A .Zina

b. Saraqah (Theft)

c. Harabah (Highway Ducati)

d. Qadhf
e. Irtidad ( Apostasus)
f. Wine Drinking
g. Rebellion.

It has been in the Holy Quran:

“The women and the men guilt of adultery or fornication.

Flog each of them with a hundred stripes.” (Surah Al-Nur:2

The Holy Quran Says:

“O ye who believe Intoxicants and gambling, sacrificing to

stones, and (divination by) arrows, are an abomination, - of
satan’s handiwork: Eschew such (abomination), That yet may
prosper.”

(Surah Al-Madina:90).

Theft:

And male as well as female thieves, cut the hands of both in

retaliation of their deeds and if this is by way of punishment from
Allah.

Homicidal:

Don’t kill a soul which Allah has made sacred except through
the due process of law. (6:15)
Defamation:

And those who accused honorable women bring not four

witnesses, scourge them with eighty stripes and never accept their
testimony, they are indeed evil-doers.

Adultery:

The women and the men guilty of adultery or fornication, flog

each of them with 100 stripes.

2) Family Law:

Law of marriage, dower, legitimacy, guardianship,

maintenance, hiba(Gift), will, waqf, talaq, and inheritance have been
given in detail in the Holy Quran. Marriage:

Marry of the women who seems good for you (4:3)

“And marry those among you who are single and of the salihoon of
your salves and maids…” (Al-Noor:32)

Dower:

And give the women their dower as a gift but if they, of their
own good pleasure, remit any part of it top you, take it and enjoy it
with right good cheer. (4:4)

Khula:

If a wife fears cruelty or desertion on her husband’s part, there

is no blame on them if thy arrange an amicable settlement between
themselves; and such settlement is best; even though men’s souls
are swayed by greed. But if ye do good and practice self-restraint,
Allah is well-acquainted with all that ye do. (2:128)

Devorce:

When ye divorce women, and they fulfill the term of their

(‘Iddat), do not prevent them from marrying their (former)
husbands, if they mutually agree on equitable terms. This
instruction is for all amongst you, who believe in Allah and the Last
 Day. That is (the course Making for) most virtue and purity amongst
you and Allah knows, and ye know not.(2:232)

Inheritance:

From what is left by the parents of those nearest related there

us a share for men and share fir women, whether the property be
small or large, a determined share. 4:7

3) Law of Evidence:

Law of evidence has also been crystallized in the Holy Quran.

Adducing evidence has been made obligatory by the holy Quran.
And witnesses must not refuse when they are summoned.

4) Law of contract:

The Quran is the man source of Islamic law of contract.

Detailed rules concerning buying an selling, Riba, Amanah,
Wadiah, Shirkah and Madarabah, Qard-e-hasna etc. have been
given in the Holy Quran. Quarnic reference on the law of contract:

O ye who believe; when you contract a debt for a fixed term reduce
it into writing.

O ye who believe fulfill your agreements (Al-Maida:1)

5) Law of Torts:

The Quran contains details laws concerning torts against

property e.g. ghasb, privacy, nuisance, homicide, qisas, equality,
injuries to human bodies, neglibence, defamation, fraud, torts,
against women, racial discrimination, liability of head of state, self-
defense etc. Law of privacy has also been discussed in the Holy
Quran.

6) Administrative Law:

Law concerning judiciary, executive and legislature, head of an

Islamic state, rule of law, natural justice, freedom of persons,
fundamental Human rights, bureaucracy, armed forces, media,
central religious institutions lie the mosque as a place of worship
and place of learning tabligh (preaching) etc. have been given in the
Quran.

7) Constitutional Law:

The concept of a state, the office of imam or head of an Islamic

state, fundamental human rights, principles of policy and other
laws relating to constitutional law have been ordained inn the holy
Quran. The holy Quran envisages a welfare state. It is thus an
ideological state.

8) Fiscal Law:

Law regarding sources of revenue spoils of war, zakat, Al-

Jiziyah, Al-Khiraj, Al-Fay, the Khums, Al-usher inter alia have been
laid down in the Holy Quran. Thus the institution of waqf was also
established because of the Quranic teachings.

9) Private and Public International Law:

Law concerning private international law e.g. matrimonial laws,

foreign marriages, and inclusion of foreign Laws on account of
public policy have been given in he Holy Quran. Islamic public
international law deals with the concept of nationality or ummah,
international treaties, war (Jehaad), immunity of diplomats and
prisoners or war.

10) Law of Blasphemy:

Penalty for blasphemy in death. Blasphemy is Kalma-tul-Kufr.

According to the Holy Quran: Surah Al-Taubah: 74

11) Commercial Law:

The Holy Quran contains detailed commercial Laws. The holy

Prophet P.B.U.H had firsthand knowledge of commercial laws. The
Meccans were traders in pre-Islamic Arabia. The Holy Quran thus
provides complete guidance to the Arabs after the advent of Islamic
commercial matters. It is a source of guidance for the mankind. The
Quran had a deeper significance as the primary source of law.

26. NATURE OF LAWS LAYS DOWN

The Holy Quran is a code of conduct laying down the

fundamental principles and not the detailed provisions so in case of
ambiguity reference should be made to the Sunnah.

POSITION IN PAKISAN

Pakistan is an Islamic state and since the creation of Pakistan,

attempts have been made at different times to modify the existing
laws in the light of Quran and Sunnah.

Article 227 of constitution of Pakistan 1973, runs as follows. “All

existing laws shell be brought in conformity with the injunction of
Isla as laid down in the holy Quran and Sunnah.”

27. CONSTITUTIONAL STATUS OF QURAN

In the west constitutional law is called the supreme law of the

land. In Islamic jurisprudence Quran is the constitutional law. It
has all those features which a modern constitution have. The
Quran provides all norms and principal for statehood.

18.CONCLUSION

To conclude, I can say, that the holy Quran is the first primary
source of Islamic law. All other sources derive their validity from the
holy Quran which is in the direct words of Allah almighty who is
complete sovereign over the entire universe, but it is to be noted
that it is not a book of law. It is a book of guidance for the mankind,
so it does not contain a detailed corpus of legislation.

Justice is one of the central values in Islam, and any system

not based on justice is unacceptable. Justice moreover, is so central
in Quran ethics that Allah’s name is Adil and the Quran says, “Do
justice, it is closest to piety” (5:8).

The Holy Quran is undoubtedly the basic and primary source

of law. Most of the Quranic injunctions and admonitions can be
correctly understood only when they are viewed in the light of what
the prophet said or what he did in the situation to which the
injunction or admonition pertains.

REFERNCES:

1. Al-Madkhal, p. 74-8 quoted in Abu Ameenah Bilal Philips. The

Evolution of Fiqh (Islamic Law and the Madhhbs),
International Islamic Publishing House (IIPH) 2 nd Edition 2005.
2. See Sahih Al-Bukhari (Arabic-English), vol.1,P.214,No.346.
3. Nyazee, Imran Ahsan Khan, Islamic Jurisprudence usual al-
fiqh ISBN 1565640969 and al-Razi, al-Mahsul fi ilm Usul al-
Fiqh, vol. 5, 168-180.
4. Towards understanding Islam by Syed Abu Ala Maududi,
Idara Turjumanul Quran, Lahore, Pakistan.
5. Compiled from the works of Shaykh-ul-Islam, Dr. Tahir-ul-
Qadri By Ghazala Hassan Qadri.