The syllabus for this module is based on selections from volume two of Baqir al-Irawani’s Durus Tamhidiyyah fi al-Fiqh al-Istidlali.
- Transactions (al-Bay‘)
- Hire (al-Ijārah)
- Partnership (al-Shirkah)
- Agricultural Agreement (al-Muẓāra’ah)
- Irrigation Agreement (al-Musāqāt)
- Indemnity (al-Ḍimān)
- Transfer of Debt (al-Ḥawālah) and Personal Guarantee (al-Kafālah)
- Settlement (al-Ṣulḥ)
- Agency (al-Wikālah)
- Silent Partnership (al-Muẓārabah)
- Loans (al-Qarḍ)
- Security (al-Rahn)
- Entrustment (al-Wadī‘ah)
- Gratuitous Loan (al-‘Āriyah)
- Marriage (al-Nikaḥ)
On completion of this module, the successful student will be able to:
- Critically write about key rulings relating to Contracts. (A1, A4, A5)
- Demonstrate critical analysis of Islamic law and the process of its derivation. (B1, B2, C1, D6)
- Justify the jurisprudential basis for key rulings relating to Contracts. (A1, A4, B1, B4, B6, C1, C6, D6)
This module will call for the successful student to:
- Display an ability to correctly read, compare and contrast selected excerpts on Contracts from a leading Hawza text on Demonstrative Jurisprudence. (B1, B3, C2, C3, C6, D3)
Learning, Teaching and Assessment Strategy
Delivery of this module is in the traditional Hawza style, whereby the teacher carefully reads and explains the core text, and discusses areas of particular complexity in more detail. Students are encouraged to examine the text critically and to engage in the discussions. Furthermore, students are expected to discuss material presented in class in their mubāḥathah (study circle) sessions to enhance understanding and retention.
Formative assessment will be by means of discussions, and continuous questioning on the practical and theoretical aspects of the course syllabus. Revision sessions are arranged that will cover topics in preparation for exams, providing constructive formative feedback to students. Students may hand in their PowerPoint slides to the lecturer for guidance prior to the 9th learning week. They will also receive formative feedback on their presentations after completing them, and guidance and feedback can be gained from student-led discussion, which will help them improve future performance. Finally, formative feedback is also gained through mubāḥathah, providing an invaluable opportunity for students to consolidate their learning. Unresolved matters or new ideas resulting from mubāḥathah sessions are researched and brought to the attention of the module leader for feedback as part of the formative learning process.
Summative, graded assessment is by presentation and written examination. The presentation will last for 20 minutes and will require students to demonstrate correct reading and comprehension of an excerpt from the core text. (Outcomes 4). The 2 hour written examination will take place at the end of the semester (Outcomes 1, 2, 3).
Written examination: 60%
Presentation, Reading & Comprehension: 40%
- Al-Irawani, B. (2009). Durus Tamhidiyyah fi al-Fiqh al-Istidlali. Qum: Al-Mustafa International Translation and Publication Centre.