ML 413 – Islamic jurisprudence
For those new to Islamic Law modules, this module is aimed delve deep into the concepts of Uşūl al-fiqh and would discuss how differences of opinion about jurisprudential concepts would affect the judgement of jurists in their final decision to issue a fatwa. It intends to cover major chapters including hermeneutical principles, sources of the law, and the principles used to issue a ruling in the absence of such sources.
Syllabus
Introduction to Islamic jurisprudence
Hermeneutical principles discussed in Uşūl al-fiqh
Sources of law in Islamic Shari’ah
Qur’an & the Sunnah
Consensus of Opinion (Ijmā’)
Intellectual Reasoning or Dalil al Aql (Definitive, Speculation analogy and Juristic preference)
Methods of Deduction in the absence of sources (Presumption of Continuity, Principles of Precaution, Non-obligation and their types and utility)
Modern reflections on the sources of Shari’ah law
Conflict of Evidence
Developing Islamic models of law in Muslim countries
Learning, Teaching and Assessment Strategy
Assessment Modes
All learning materials are developed according to the SCATE format. Students are advised to study units available online followed by timetabled activities which are of crucial importance and require a serious attention. Students need to consult suggested reading materials which are not necessarily available online. At the same time, students are expected to contribute to Discussion Group as an integral part of their study. They would receive feedback regarding their activities and contribution by the module tutor. Extra reading and activities are provided for students who are interested to have a deeper and broader understanding of the issues of concern.
Formative Assessment:
Formative assessment for this module will consist of written feedback from the lecturer, questioning and discussion through the online forums. One draft of the students’ final essay (coursework) may be handed in to the lecturer at the 12th learning week for formative assessment, in which the lecturer will give the student feedback on how to improve their research and quality of writing.
Summative Assessment:
Students are required to submit 2 out of 5 Review Questions (RQ) and 2 out of 5 Activities (Act) as the weekly assignments for each module during the semester. All of these assignments as well as students’ final essays at the end of the semester will be commented and marked by tutors. Students can see those comments and marks in their drop box which are available in their D2L accounts. Finally, students are required to submit an Individual coursework -final essay (4000 words) on a relevant topic approved in advance by the module tutor.
Assessment Weighting
Activities: 30%
Review Questions & Discussion Group: 10%
Final Essay (Coursework): 60%
Students should get at least a pass mark for all three above components.
Learning materials
Core readings
Calder, N. (1993) Studies in Early Muslim Jurisprudence, Oxford: Clarendon Press.
Coulson, N. J. (1964) A History of Islamic Law. Edinburgh: Edinburgh University Press.
Ezzati, A.F. (Trans.) (2008) Concise Description of Islamic Law and Legal Opinions. UK: ICAS Press.
Kamali, M.H. (1989) Principles of Islamic Jurisprudence. Cambridge: The Islamic Text Society.
Khan, M.A. (1996) Islamic jurisprudence: Islamic laws in the modern world. UK: Avon Books
Hallaq, W.B. (1997) A History of Islamic Legal Theories: An introduction to Sunni Uşūl al-fiqh. Cambridge University Press.
Milani, S.F, (2011) Thirty Principles of Islamic Jurisprudence. UK: Islam in English Press
Nyazee, I.A.K (2008) Islamic jurisprudence: uṣūl al-Fiqh. US: International Institute of Islamic Thought
Sadr, M.B. (2003) Principles of Islamic Jurisprudence, UK: ICAS Press.
Stewart, D.J. (1998) Islamic Legal Orthodoxy: Twelver Shi’ite Responses to the Sunni Legal System. Salt Lake City: University of Utah Press.
