ML 413 – Islamic Jurisprudence
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 Scheme
The module will be assessed by one 4,000 words assignment demonstrating significant research and should aim to critically evaluate and compare between schools of law on a particular subject as suggested by the tutor to be written and expected to be able to discuss the research topic during class seminars.
Assessment weighting
Coursework: 100 out of 100
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.
