Introductory description

The module aims to familiarise students with the application of religious law in Muslim jurisdictions as part of the law of the state.

Module web page

Module aims

Outline syllabus

This is an indicative module outline only to give an indication of the sort of topics that may be covered. Actual sessions held may differ.

Historical introduction to Islamic Law: an overview of the early development of Islamic Law and the emergence of the various schools of juristic thought in law.
An overview of sources of Islamic law focusing on the Quran, Hadith, Ijma, Qiyas and Ijtihad.
Husband and Wife: the institution of marriage in Islam, its contractual nature, requisites of a valid marriage, dower (mahr) as an essential component of the marriage contract, various methods of dissolution of marriage including Talaq, Khul and Mubarat.
Parents and Children: Custody (Hizanat), guardianship (Wilayat), adoption and the concept of Kifalaat.
Property: An analysis of the concept of property rights in Islamic law using examples of gift (Hiba), inheritance and succession (virasat), dower (mahr).
Law Reform in the Muslim World: Examples of law reform from jurisdictions in South Asia including The Child Marriages Restraint Act, 1929, The Dissolution of Muslim Marriages Act, 1939 (of Pakistan and India), The Muslim Family Laws Ordinance, 1961 (Pakistan) and the Moroccan Family Code 2004.
Application of Islamic Law in diasporic communities

Learning outcomes

By the end of the module, students should be able to:

• Understand and engage in the theoretical discourse regarding Islamic law. Specifically an understanding of the development of principles of sources of Islamic law in the area of family and property rights and its incorporation in legislation
• Understand and appreciate the various concepts employed in constructing Islamic law. Be able to differentiate between 'divine' and 'human' made legal principles and laws based on reformist principles in Islamic law
• Engage and present critical legislative and context based analyses of issues relating to legal reform in jurisdiction in the Muslim world
• Apply the various principles of Islamic law to problems arising with regard to the specific topics covered in the module including marriage, dower, divorce, custody guardianship, succession and inheritance. To recognise principles of Islamic law in the legislation of various Muslim countries covered in the module
• Apply the various principles of Islamic law to problems arising with regard to the specific topics covered in the module including marriage, dower, divorce, custody guardianship, succession and inheritance. To recognise principles of Islamic law in the legislation of various Muslim countries covered in the module

Indicative reading list

S S Ali, Modern Challenges to Islamic Law (2016) Cambridge: Cambridge University Press

International

This module covers Islamic Law in the muslim world as well as in diasporic communities.

Subject specific skills

No subject specific skills defined for this module.

Transferable skills

No transferable skills defined for this module.