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.
Module Title: Islamic jurisprudence
Module Type: Designated
Program: MA/PG Dip Islamic Law
Prerequisite(s): none
Credit(s): 15
Module Code: ML 413
Semester: 2
Component(s): Coursework: 100%

 

Syllabus

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

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

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.