Miscellaneous
Islamic Law
| Title: | Islamic Law |
| Code: | MFP 102 |
| Description: | The aims and objectives of this module are to critically explore the various juristic tools developed by Muslim Jurists through the centuries and to exemplify their applications in contemporary world. |
| Tutor(s): | Shaikh Faizal Ahmad Manjoo, |
| Cat Points: | 30 |
| Status: | None |
| Prerequisites: | Good command over English language. |
| Restrictions: | None |
| Content Summary: | 1. Introduction to the theory of Islamic Jurisprudence and legislation. 2. Usūl al-Fiqh 3.. al-Maqāsid al-Shari’ah 4. al-Qawā’id al-Kulliyah al-Fiqhiyyah 5.. al-Siyasah al-Shari’ah 6.. Discussion on contemporary jurisprudential issues Topics to be covered revolve around jurisprudential and fiqhi issues and the contextualisation of these in modern and post-modern eras; the application of the juristic tools to issues such as family law, Islamic finance, human rights and the law of inheritance |
| Learning Outcomes: | Knowledge and Understanding: On successful completion of the module students should be able to: Learning Outcomes: 1. Appreciate the evolution of the principles of Islamic Jurisprudence and its adaptability to modern time. 2. Delve into the sources of Islamic law and to grasp the main techniques used by jurists to deduct Islamic law. 3. Appraise the Orientalist’s critics against principles of Islamic Jurisprudence. 4. Comprehend of the applicability of the Islamic juristic tools to contemporary issues. 5. Engage in independent and high quality research assignments pertaining to Islamic jurisprudence and Islamic law. Skills: After completion of this module students should have developed skills to: 1. Critically appraise the various approaches to the sources of Islamic law and to evaluate the causes for the differences among the schools of law. 2. Develop a sound background to appreciate the ijtihad acumen of Muslim jurists. 3. Understand the academic arguments advocated by orientalists as well as Muslim scholars, and to formulate an opinion on their approach. 4. Access a wide spectrum of reading materials and to synthesise their research. 6. Produce a clinically viable piece of research by adopting good and appropriate research methodologies. |
| Delivery: | Students are expected to invest 300 hours in order to complete this module. The structure of the time scale is as follows: Sessions (76 hours): 14 sessions of 4 hours. Each session is divided into approximately 3 hours of lecture and 1 hour discussion and tutorials. Research for Tutorials and assignments will absorb the bulk of the time needed for this module. |
| Assessment: | 60% - One assignment of 5,000 words or two
equally weighted of 2.500 words each.
10% - Seminar / Tutorial presentation |
| Indicative Resources: | Hallaq, Wael B.
(2005), The Origins and Evolution of Islamic Law, Cambridge University Press, Cambridge. Hallaq, Wael B. (1997, A History of Islamic Legal Theories, An Introduction to the Sunnī Usúl al-Fiqh, Cambridge University Press, Cambridge. Kamali, Mohammad Hashim, (2003), Principles of Islamic Jurisprudence, The Islamic Text Society, Cambridge. Kamali, Mohammad Hashim (2006), Equity and Fairness In Islam, Ilmiah Publishers, Kuala Lumpur. Kamali, Mohammad Hashim (2006), An Introduction to Shari’ah, Ilmiah Publishers, Selangor. Nyazee, Imran Ahsan Khan (2003), Islamic Jurisprudence, Other Press, Selangor. Nyazee, Imran Ahsan Khan (2002), Theories of Islamic Law, The Methodology of Ijtihad, Other Press, Selangor. Wan Ahmad, Wan Azhar (2003), Public Interest, (Al-Masàlih al-Mursala) in Islamic Jurisprudence, An Analysis of the concept in the Shafi’i School, International Islamic University of Malaysia, Kuala Lumpur. Laldin, Mohammad Akram (2006), Introduction to Shari’ah and Islamic Jurisprudence, International Islamic University of Malaysia, Kuala Lumpur. Al-Raysuni, Ahmad (2006), Imam al-Shatibi’s Theory of the Higher Objectives and Intents of Islamic Law, The Islamic Book Trust, Kuala Lumpur. Ibn Ashur, Muhammad al-Tahir (2006), Ibn Ashur Treatise on Maqāsid of Shari’ah, The International Institute of Islamic Thought, London. Mohsin, Abu Fadl Ebrahim (1997), Blood Transfusion and Organ transplant, Islamic Medical Association, Durban. Gilani, Riaz-ul-Hasan (1982), The Reconstruction of Legal Thought in Islam, Markazi Maktaba Islami, Delhi. Muslehuddin, Muhammad (n.d), Philosophy of Islamic Law and the Orientalists, Islamic Publications Ltd, Lahore. Muslehuddin, Muhammad (1975) Islamic Jurisprudence and the Rule of Need and Necessity, Abu Qasim Bookstore, Jeddah. Schacht, Joseph (1982), An Introduction to Islamic Law, Clarendon Paperbacks, Oxford. Al-Alwani, Taha Jabir (2003), Source Methodology in Islamic Jurisprudence (usúl al-Fiqh al-Islami), The International Institute of Islamic Thought, London. Hassan , Ahmad (1994), The Principles of Islamic Jurisprudence, Adam Publishers, New Delhi. Hassan, Ahmad (1995), The Doctrine of Ijma’, Adam Publishers, New Delhi. Hassan, Ahmad (1996), The Theory of Analogical Deduction, Adam Publishers, New Delhi. Hassan, Hussain Hamid (1997), An Introduction to the Study of Islamic Law, International Islamic University Islambad, Islamabad. Coulson, Noel J (2005), A History of Islamic Law, Edinburgh University Press, Edinburg. Dehlavi, Shah Waliullah (2203), Difference of Opinion in Fiqh, TA Ha Publishers, London. Tsafrir, Nurit (2004), The History of an Islamic School of Law, The Early Spread of Hanafism, Harvard Law School, Massachussetts. |
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