MI 411 – Dissertation (Core- MA only)


 

Syllabus

As agreed with the supervisor supplemented by a series of four Research Methodology seminars. The first seminar, normally held in March, deals with the formulation of a dissertation proposal and the composition of an outline. A second seminar deals with bibliographical and information technology issues (internet and database searches). A third seminar provides an overview of editing and copyright law. A final seminar involves the oral presentation and review of every student’s dissertation proposal, and normally takes place in late April. MA supervisors will reinforce aspects of the research skills seminars when they meet with students individually during the latter part of the spring semester.

Learning, Teaching and Assessment Strategy

Learners are supported through research methodology seminars, virtual submission of proposal, individual supervision and private library-based study. Students receive formative assessment from staff after submission of their dissertation proposals and chapters.
Assessment Scheme
Formative Assessment:
Formative assessment for this module will consist of written feedback from the lecturer in the margin of student’s submissions and/or via emails, as well as online discussions during class using the Moodle environment. Also one draft of the coursework may be handed in to the lecturer before the 10th 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
Dissertation of 12,000 to 15,000 words (the Proposal needs to be at least 1500 words). Viva voce examination may be required in some cases.

Assessment Weighting
Individual coursework: 100% (of which 20% is targeted to the proposal essay)

Learning materials

Core readings
Brundage, A. (2002) Going to the Sources: A Guide to Historical Research and Writing (3rd ed.). Harlan Davidson.Griden, E. (2001) Evaluating Research Articles. London: SAGE.
Griden, E. (1996) Evaluating research articles from start to finish. Thousand Oaks: SAGE.
Hart, C. (2001) Doing a Literature Review. UK: SAGE.
Murray, R. (2006) How to Write a Thesis (2nd ed.). UK: Open University Press.
Oliver, P. (2003) The student’s guide to research ethics, Buckingham: Open University Press.
Potter, S. (2006) Doing Postgraduate Research. UK: SAGE.
Phillips, E. (2005) How to Get a PhD – 4th edition: A Handbook for Students and Their Supervisors (4th ed.). UK: Open University Press.
Neville, C. (2007) The complete guide to referencing and avoiding plagiarism, Buckingham: Open University Press.
Rumsey, S. (2008) How to find information: a guide for researchers, 2nd ed, Maidenhead: Oxford University Press.
Swetnam, D. (2000) Writing Your Dissertation: The Bestselling Guide to Planning, Preparing and Presenting First-Class Work (3rd ed.). Oxford: How To Books Ltd.

ML 418 – Comparative law and legal systems


 

Syllabus

The first part of this module seeks to introduce the key concepts in exploring the comparative approach:
 Basic comparative method and theory
 Three families of Law: Civil, Common and Religious
 Defining Law and illustrating its function and development
 Characteristics of the legal basis
 Sections and branches of law
 Non-official sources
 Practicing law and principles governing it
 Defining right and illustrating its types
 Legal protection of right

The second part of the module aims at focusing on applications of Comparative law with examples from Islamic family law and Islamic commercial law:
 Husband and Wife
 Parents and Children
 Property
 Banking
 Law Reform in the Muslim World
 Application of Islamic Law in diasporic communities

The final part of the module aims at focusing on discussion groups that meet on at least six occasions in order to practice team work, learning from others, and collaborate on comparative approaches. It would encourage students to develop their ideas through research and preparation leading to a research based essay that is presented to the group.

Learning, Teaching and Assessment Strategy

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
An-Naim, A.A. (ed.,) (2002) Islamic Family Law in a Changing World, UK: Zed Books
De Cruz, P (1999) Comparative Law in a Changing World, UK: Routledge
Ezzati, A.F. (Trans.) (2008) Concise Description of Islamic Law and Legal Opinions. UK: ICAS Press.
Kamali, 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
Kotz, H. (2008) An Introduction to Comparative Law: The framework: V1 of An Introduction to Comparative Law. US: University of California
K. Zweigert & H. Kötz, An Introduction to Comparative Law 3rd ed. Oxford 1998.
Otto, J.M, (2010) Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present. Amsterdam University Press
Menski, W. (2006) Comparative law in a global context: the legal systems of Asia and Africa. UK: Cambridge University Press
Riles, A. (2001) Rethinking the masters of comparative law. UK: Hart Publishing
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.

ML 419 – Human Rights and Islam


 

Syllabus

The first part of this module seeks to examine and explores the following theoretical issues:
• The Islamic approach (Monotheistic) to human rights according to different interpretations of Islam
• The Western approach (Humanism) to human rights
• Comparative studies of human rights between Islam and the West
• Basic Human Rights such as: The Right to life, Individuals and Women’s rights, Human Dignity, The Right to a basic standard of life such as freedom and security, Children’s rights

The second part of the module aims at focusing on human rights in practice considering political issues such Human security and good governance. Each session will address the contemporary issues of special importance. Students are expected to join the discussion sessions on agreed themes. The topics covered in the second part of the module include:
• Politics and human rights,
• Islamic States and citizen’s rights
• Basic human rights; ethics and morality,
• Human rights at times of war and peace,

Learning, Teaching and Assessment Strategy

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
Ali, S. S. (2000) Gender and Human Rights in Islam and International Law. Equal before Allah, Unequal before Man? The Hague: Kluwer Law International
An-Naim, A. (ed.) (1992) Human Rights in Cross-Cultural Perspectives: A Quest for Consensus. Philadelphia: University of Pennsylvania Press
Akbarzadeh, S & MacQueen, B. (2008) Islam and Human rights in practice: perspectives across the Umaah. UK: Routledge
Baderin, M. (2005) International Human Rights and Islamic Law. Oxford Univ. Press
Cassese, A. (1991) Human Rights in a Changing World. US: Temple University Press
Dwyer, K. (1991) Arab Voices. The Human Rights Debate in the Middle East. University of California: Press, Berkeley
Hathout, Maher & Uzma J. (2006). In Pursuit of Justice: The Jurisprudence of Human Rights in Islam. UK: Muslim Public Affairs Council
Izzidien M (2004) Islamic Law, From Historical foundation to contemporary practice. Edinburgh: Edinburgh University Press
Little, D, Kelsay J & Sachedina A.A (1988) Human Rights and the Conflict of Cultures: Western and Islamic Perspectives on Religious Liberty. Columbia: University of South Carolina Press
Sachedina, A.A (2009) Islam and the Challenge of Human Rights. Oxford Univ. Press
Sait, Siraj & Lim Hilary (2006) Land, Law and Islam: Property and Human Rights in the Muslim World. Zed Books Ltd.

ML 410 – Islam and Modernity


 

Syllabus

The course would examine both themes and individuals. It explores the phenomenon of modernity in its different guises, various intellectual reactions to its advance in Muslim societies, and main currents of thought that have emerged in the Muslim world as the result of encounter between Islam and modernity. The views of influential Muslim thinkers, who have tried to respond to the challenges of modernity will be critically examined.
This first part of the module seeks to introduce students to the Modernity, providing an overview of the topic and examine the following core issues:
 What is this thing called modernity: historical and philosophical roots
 Modernity, Modernism, Modernisation
 Later Modernity, Post-Modernity, Anti-Modernity
 Secularisation
 Tradition-vs. Modernity
 Anti-Rational Modernity and Anti-Modern
 Muslim Responses to Modernity (Pragmatic & Ideological Responses)
 Muslim Responses to Modernity (Rational and Post-modern Responses)
The second part of the module aims at focusing on specific modern ethical issues, each session will address the contemporary issues of special importance from an Islamic viewpoint. Students are expected to join the discussion sessions on agreed themes. The topics covered in the second part of the module include:
 Family Planning
 Abortion
 Genetic Screening
 Artificial Insemination
 Crises of Modernity towards a New Theory of law
 Surrogacy and Cloning
 Organ Transplantation
 Brain Death and Euthanasia
 Women under Islamic Law

Learning, Teaching and Assessment Strategy

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
Chittick, W. (2007) Science of the Cosmos, Science of the Soul. London: Oneworld
Cooper, J (2000) Islam and Modernity: Muslim Intellectuals Respond. IB Tauris
Esposito, J. & Voll, J. (2001) The Makers of Contemporary Islam. Oxford: Oxford University Press.
Kurzman, C. (1998) Liberal Islam: A sourcebook. Oxford: Oxford University Press.
Masud K. M (2009). Islam and Modernity: Key Issues and Debates, Edinburgh University Press
Moaddel, M. &Talattuf, K. (ed.) (2006) Contemporary Debates in Islam: An Anthology of Modernist and Fundamentalist Thought. US: St Martin’s Press.
Mc Donough, S. (1984) Muslim Ethics and Modernity: A Comparative Study of the Ethical Thought, Wilfrid Laurier Univ. Press
Rahman, F. (1984) Islam and Modernity: Transformation of an Intellectual Tradition. University of Chicago Press
Roy, Olivier. (2004) Globalised Islam: the search for a new Umma. London: Hurst & Company

ML 409 – Islam and Modern Politics


 

Syllabus

This module will cover the following:
• Politics in early Islamic History
• Islam and modernity – Orientalist view
• Islam and modernity – other views
• Islamic political movements: a historical analysis
• Islamic political movements: hijacking Islam
• Islamic Countries: Libya, Egypt, Sudan, Iran
• Islamic Countries: Algeria, Turkey, Lebanon, Saudi Arabia, Pakistan
• Islam and Democracy- In theory
• Islam and Democracy- In practice
• The Clash of Civilisations – The thesis and a critical appraisal
• Recent political developments in the Middle east

Learning, Teaching and Assessment Strategy

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
Adamec W. L. (2009). Historical Dictionary of Islam,The Scarecrow Press, Inc.
Bayat, Asef (2007). Islam and Democracy: What is the Real Question?, Amsterdam University Press
Recommended readings
Cesari, J. (2004). When Islam and Democracy Meet, Palgrave Macmillan
Esposito, L. J. (1999). The Islamic Threat: Myth or Reality, New York: Oxford University Press.
Esposito, L. J. (2005). Islam: the Straight Path. New York: Oxford University Press
Esposito, L. J. (2002). Unholy War: Terror in the Name of Islam. New York: Oxford University Press.
Hafez, K. (2010). Radicalism and Political Reform in the Islamic and Western Worlds, Cambridge University Press
Huntington, P. S. (1993) “The Clash of Civilization”. Foreign Affairs, v72, n3, 22-28.
Hunter T. S. (2009). Reformist voices of Islam : mediating Islam and modernity. M.E. Sharpe, Inc.
Khaled A. E. (2004), Islam and the Challenge of Democracy, Princeton University Press.
Lewis, B. (2002). What Went Wrong? : Western Impact and Middle Eastern Response. London: Phoenix.
Lucas, C. P. and Robbins T.(2004). New Religious Movements in the Twenty-First Century, Routledge
Salih, Mohamed (2009). Interpreting Islamic Political Parties, Palgrave Macmillan
Hafez, K. (2010). Radicalism and Political Reform in the Islamic and Western Worlds, Cambridge University Press

ML 404 – Minorities, Rights and the Law


 

Syllabus

This first part of the module seeks to give students an overview of the special regime of protection for minorities, indigenous peoples, children and women. The module will examine the following five core themes:
 The Concept of Vulnerability under Human Rights Law
 The Minority Rights Regime
 Peoples and Indigenous Peoples’ Rights
 Gender and Human Rights
 Children’s Rights

With the aim of providing an overview of each special regime, as well as focusing on specific issues, each session above will address (a) the relevant international legal framework; (b) regional and comparative experiences, and (c) particular contemporary issues of special importance for the selected vulnerable group.
The second part of the module aims at providing a specialised knowledge in one of the areas of the protection of vulnerable groups. Students will join a discussion group on an agreed theme that meet on at least four occasions and which will address a specialised area listed below. The second part of the module will enable students to engage in research and complete a project in one of the following areas:
 Access to Justice: Comparative Constitutional Law and minorities
 Race, Religion and Human Rights
 Indigenous Peoples
 The Muslim Minority in Europe

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
Boyle K. & Baldaccini A. (2001) A Critical Evaluation of International Human Rights Approaches to Racism’, in Sandra Fredman, Philip Alston, Gráinne de Búrca (eds.), ‘Discrimination and Human Rights: The Case of Racism. Oxford University Press
Castellino, J. & Domínguez Redondo, E., Minority Rights in Asia (Oxford: OUP, 2006) – Chapter 1
Castellino, J. and Gilbert J., ‘Self-Determination, Indigenous Peoples and Minorities’, Macquarie Law Journal, Vol.3, pp.155-178, 2003
Gilbert, G.(2005) Individuals, Collectivities and Rights, in N. Ghanea and A. Xanthaki (eds.), Minorities, Peoples and Self-Determination. Martinus Nijhoff
Gerschitz, J.M. & Karns, M.P. ‘Transforming Vision into Reality: The Convention on the Rights of the Child’, in Ensalaco, M and Majka, L (eds) Children’s Human Rights: Progress and Challenges for Children Worldwide (Maryland Rowman and Littlefield 2005)
Keane D. (2007) Addressing the Aggravated Meeting Points of Race and Religion Vol. 6, No. 2, Maryland Law Journal of Race, Religion, Gender and Class 353-391
McKinnon, C. Are Women Human? And Other International Dialogues (2006), Cambridge, MA: Harvard University Press, chapters 14, 16, 18, 19
Natan, L. (2003) Group rights and Discrimination in International Law. Parts I and II.
Martinus Nijhoff Publishers, Parts I and II
Quinn, G. & Degener, T. Human Rights and Disability: The Current Use and Future Potential of United Nations Human Rights Instruments in the Context of Disability (OHCHR, 2002), Part 1 Background: The shift to a human rights framework of reference (pp. 13- 49), available at
http://www.ohchr.org/Documents/Publications/HRDisabilityen.pdf
Thornberry, P. (2005) Confronting Racial Discrimination: A CERD Perspective’ 5(2) Human Rights Law Review 239

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 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.

ML 412 – Islamic Commercial Law


 

Syllabus

This first part of the module seeks to introduce students to the Shari’ah h law understanding of Contracts within fiqh mua’malāt. The module will examine the following core issues:
 The requirements of a contract
 The classification of a contract such as (Oqoud Tamlyk, Moshārekat, Niyābat, Tabaei, Tabraei)
 The mechanism of contract formation and disqualification
 Conditions of the parties
 Proxies and Guardians
 Risk taking and Gharār/Qarār
 Dayn and Remittance

With the aim of providing an overview of the topic as well as focusing on specific issues, each session above will address the relevant Islamic legal framework and particular contemporary issues of special importance but will only touch on comparative aspect leaving the bulk of this work to the module of Comparative Law and legal systems.
The second part of the module aims at providing a specialised knowledge in one of the areas of the Islamic commercial law. Students will join a discussion group on an agreed theme that meet on at least four occasions and which will address a specialised area listed below. The second part of the module will enable students to engage in research and complete a project in one of the following areas:
 Islamic banking
 Insurance and assurance
 Rent and Mortgages
 Zakāt and other forms of taxation in Islam

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
Choudhury, M.A. (2000) Comparative Economic Theory, Islamic and Occidental Perspectives, US: Kluwer Academic.
Ghazali, A. & Omar, S. eds. (1989) Readings in the concept and methodology of Islamic economics. Petaling Jaya, Selangor Darul Ehsan, Malaysia: Pelanduk Publications.
Kamali, M.H. (2001) Islamic Commercial Law: An Analysis of Futures and Option. UK: Ca
Khan Khan. M.A (1990) Islamic Economics and Finance: A Glossary. UK: Routledge. Available on:
http://iugc.yolasite.com/resources/Reference%20Book%2001%20-%20Islamic%20Economics%20and%20Finance,%20A%20Glossary%20-%20M.%20A.%20Khan.pdf
Milani, S.F, (2011) Thirty Principles of Islamic Jurisprudence. UK: Islam in English Press
Sadr M.B (1983) Iqtisaduna. UK: WOFIS
Shaikh, A.M. (1992) Towards interest-free banking. India: International Islamic Publishers.
Siddiqi, M. N. (1996) Role of the State in the Economy: An Islamic Perspective. U.K: The Islamic Foundation.
Tusi, M. B. H Trans. Ezzati A (2008) Al-Nehayah. U.K: ICAS Press.
Zaman, Mukhtar, ed. (1993) Banking and finance, Islamic concept. Karachi: International Association of Islamic Banks.

ML 415 – Islamic Family Law


 

Syllabus

 The law of marriage and its different types of marriage, also covering respective duties, condition of marriage and defects, terms of marriage, duration of marriage and dowry (mehr/mahr),
 The law of divorce and its different forms of divorce, also covering the disbanding of the contract, death of a partner and the waiting period,
 Guardianship, (walāyah),
 The Custody of children (kefālah)
 Maintenance (nafaqah),
 Polygamy, (taa’dod al azwaj)
 Marriage related Inheritance laws, (werāthah)
 bequest (waşiyyah)
 Family planning
 Islam and gender, and the rights of the women
With the aim of providing an overview of the topics as well as focusing on specific issues, each session above will address the relevant Islamic legal framework and particular contemporary issues of special importance but will only touch on comparative aspect leaving the bulk of this work to the module of Comparative Law and legal systems.

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
Ahmed, L (1992). Women and Gender in Islam – Historical Roots of a Modern Debate. London: Yale University Press
Al-Hashim, M. A (1998) The Ideal Muslimah. The true Islamic personality of the Muslim woman as defined in the Qur’an and Sunnah India: International Islamic Publicity House.
An-Na’im, A. (2002) Islamic Family Law in a changing world. US: Zed BooksLtd.
Arshad. R. (2010) Islamic Family Law, Sweet & Maxwell
Bakhtiar, L. (1996) The Encyclopaedia of Islamic Law. US: ABC International Group.
Bewley, A (1999) Islam: The Empowering of Women. London: Ta-Ha Publishers
Coulson, N. J. (1964) A History of Islamic Law. UK: Edinburgh University Press.
Doi, A.R. (1979) Non-Muslims Under Shari’ah: the Islamic Law. Brentwood: International Graphics.
Ezzati, A. (1976) An Introduction to Shi’a Islamic Law and Jurisprudence. Lahore: Ashraf Press.
Herbert, J. L. (1975) The Law of the Near & Middle East: Readings, Cases & Materials. US: Albany.
Hodkinson, K. (1984) Muslim Family Law: A Source Book. UK: Routledge.
Jawad, A. (1998) The rights of women in Islam: an authentic approach. UK: Palgrave Macmillan.
Milani, S.F, (2011) Thirty Principles of Islamic Jurisprudence. UK: Islam in English Press
Mottahari, M (1977) Women and her rights. Qum: Islamic Seminary Publications.
Mughniyyah, M. (1995) The Five Schools of Islamic Law. Qum: Ansariyan Publications.
Sait, S. & Lim, H (2006) Land, Law and Islam: Property and Human rights in the Muslim World. UK: Zed Books.
Voorhoeve, M. (2012) Family Law in Islam: Divorce, Marriage and Women in the Muslim World, London I.B. Tauris & Co Ltd.

ML 403 – Methods and Perspectives in Islamic Law


 

Syllabus

 Researching and analysing Islamic resources for legal purposes
 The spirit versus letter in Islamic law
 Different approaches to ijtihad and its scope
 How can Islamic law face exigencies of modern life
 Critical Rationalism: A Sound Epistemological Framework for Studying Islamic Law
 Situational Analysis/ Situational Logic: A Suitable Methodology and Method for Mujtahids and Researchers in Islamic Law
 Hermeneutics: Hans-Georg Gadamer and Paul Ricoeur and the relativistic implications of the approach
 Thomas Kuhn’s paradigm and the historical phases of Islamic Law
 Using internet and appropriate software for research in Islamic Law
 Literature review with regard to major resources in various Islamic fields
 Essay writing skills for academic purposes
 Presentation of a research report

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
Drew, P. Raymond, G. Weinberg D. eds. (2006) Talk and Interaction in Social Research Methods, Sage Publications
Fairelough, N. (2006) Discourse and Social Change, Polity Press
Harding S. (ed.), (1987) Feminism & Methodology, Bloomington, IN: Indiana University Press,
Janet M. Box-Steffensmeier & Bradford S. Jones, (2004) Event History Modelling: A Guide for Social Scientists, Cambridge: Cambridge University Press
Paya, A (2015) Methods and Perspectives in the Islamic Studies, ICAS Press, (forthcoming)
Paul S. Gray, et.al. (2007) The Research Imagination, Cambridge: Cambridge University Press
Scott W. VanderStoep, Deirdre D. Johnston. (2009) Research methods for everyday life: blending qualitative and quantitative approaches, John Wiley & Sons
Singh, K. (2007) Quantitative social research methods, SAGE Publications