ISC314 – Islamic Commercial and Criminal Law

Course Overview

This module consists of two parts which collectively try to look at the main features of Islamic commercial and criminal law with reference to the major Islamic schools of law. In criminal law, apart from exploring the concepts of crime and punishment in Islam, the module examines major features of judicial procedures, and conditions and liabilities of witnesses in Islamic courts. In commercial law, it will look at the key concepts and ideas within the field of Islamic economics relating them to contemporary economic theory and practice including finance. It aims to equip students with a basic understanding of both the classical legal formulations and an awareness of modern application in different settings.

Module Info

Module Title: Islamic Commercial and Criminal Law

Module Type: Core

Program: BA Islamic Studies

Prerequisite(s): Islamic Commercial and Criminal Law

Credit(s): 20

Module Code: ISC314

Semester: –

Component(s): Coursework: 50% – Written examination: 50%

Syllabus
Outcomes
Strategy
Material

sYLLABUS

The syllabus covers the following important topics:
- The concepts of crime and punishment in Islam
- The hudud and ta’zirat
- Procedures used in the implementation of justice in Islamic courts
- Compensations (diyat) and retaliations (qisas)
- Court procedures in criminal offences: evidence, witness, and admission
- Manslaughter, theft, and armed robbery
- Fornication, adultery, and slandering
- Application of Islamic criminal law in the modern world
- Rulings on commercial transaction: offer (ijab) and acceptance (qabul), nullification (faskh) etc.
- Agency (wakala)
- Investment: mudaraba, musharaka, murabaha, etc.
- Interest (riba), and its impact on Muslim and non-Muslim countries
- Zakat and other forms of taxation in Islam

Learning Outcomes

Knowledge
On completion of this module, the successful student will be able to:

Critically write about and analyse the main concepts and questions in Islamic criminal and commercial law. (A1-A5)
Critically assess the main points of controversy regarding finance in Islamic law, and criminal prosecution. (A1-A5)
Critically evaluate the difficulties facing shari’a courts regarding new methods of providing evidence and modern technology to establish a case. (A3, A5)

Skills
This module will call for the successful student to:

Compare and contrast, and critically appraise the theoretical formulation of Islamic criminal and commercial law and its practical applications. (B1-B4, C3, D1, D2, D4)

Learning, Teaching and Assessment Strategy

Lectures provide the basic structure of the module but will include time in informal discussions. Seminars will be used to debate and explore specific issues. Students will also be expected to undertake individual study consisted of free and set reading in preparation for lectures.

Assessment Mode

Formative Assessment:
Formative assessment is through co-ordinated independent study of reading material, followed by discussion in class to supplement topics covered and is an essential element of the programme. The module leader will regularly give feedback to student regarding the progress of their coursework, a draft copy of the completed coursework need be handed in to the module leader before the 10th learning week as part of the formative learning process. Additionally, revision sessions are arranged that will cover topics in preparation for exams, providing constructive formative feedback to students.

Summative Assessment:
Assessment for this module consists of a 3,000 words coursework (Outcome 4) as well as a written examination that will take place at the end of the module (Outcomes 1, 2, 3).

Assessment Weighting
Coursework: 50%
Written examination: 50%

Learning Material

Core readings

Kamali, M.H. (2000) Islamic Commercial Law: An Analysis of Future and Options, Cambridge University Press
McConville, S. et al. (1988) Islamic Criminal Law and Procedure: An Introduction. Greenwood: Publishing Group.