Principles of Islamic Law

Subject 730-795 (2008)

Note: This is an archived Handbook entry from 2008. Search for this in the current handbook Search for this in the current handbook

Credit Points: 12.500
Level: Graduate/Postgraduate
Dates & Locations:

This subject has the following teaching availabilities in 2008:

Semester 2, - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period not applicable
Assessment Period End not applicable
Last date to Self-Enrol not applicable
Census Date not applicable
Last date to Withdraw without fail not applicable


Timetable can be viewed here. For information about these dates, click here.
Time Commitment: Contact Hours: 24 - 26 contact hours per subject.
Total Time Commitment: The time commitment for this subject depends on the candidate's background and experience.
Prerequisites: N.A.
Corequisites: N.A.
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements: N.A.

Coordinator

Professor Abdullah Saeed
Subject Overview:

Objectives:

A candidate who has successfully completed the subject should:

  • Demonstrate a firm grasp of the history and development of Islam and Islamic law (syariah)
  • Understand the basic sources of Islamic jurisprudence and its classical origins
  • Be able to apply the basic methods of Islamic legal reasoning to selected case studies
  • Be able to identify some of the key controversies in Islamic jurisprudence
  • Be familiar with the basic principles governing Islamic law-givers.

Syllabus:

Principal topics will be selected from a range, including the following:

  • The origins of Islam The principal sources of Islamic law: Quran, Sunna and Hadith
  • The development of Islamic legal traditions
  • Formal reasoning: Qiyas (analogy); Ijtihad; taqlid; Istihsan (juristic preference); Istishab; maslahah (public interest)
  • Fiqh Islamic jurisprudence
  • Classes of action
  • Sunni and Shiite Islam compared
  • The Sunni madhab: Syafii, Maliki, Hanafi, Hanbali
  • Regional variations
  • Scholarship in Islam, uztad, ulama, mufti etc.
  • Islamic education: the role of madrasah
  • Fatawa
  • Islamic judicial models: Qadi, Hakim
  • Tajdid: Modern reforms
  • Current debates, case studies.
Assessment:
  • Take-home examination (100%) (5-8 September)
    or
  • Research paper 10,000 words (100%) (16 October) (topic approved by the subject coordinator)
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Please see the Subject Objectives for this information.
Links to further information: 730-795Principles of Islamic LawMelbourne Law Masters, postgraduate law, post-graduate law, graduate law2008

Objectives:

A candidate who has successfully completed the subject should:

  • Demonstrate a firm grasp of the history and development of Islam and Islamic law (syariah)
  • Understand the basic sources of Islamic jurisprudence and its classical origins
  • Be able to apply the basic methods of Islamic legal reasoning to selected case studies
  • Be able to identify some of the key controversies in Islamic jurisprudence
  • Be familiar with the basic principles governing Islamic law-givers.

Syllabus:

Principal topics will be selected from a range, including the following:

  • The origins of Islam The principal sources of Islamic law: Quran, Sunna and Hadith
  • The development of Islamic legal traditions
  • Formal reasoning: Qiyas (analogy); Ijtihad; taqlid; Istihsan (juristic preference); Istishab; maslahah (public interest)
  • Fiqh Islamic jurisprudence
  • Classes of action
  • Sunni and Shiite Islam compared
  • The Sunni madhab: Syafii, Maliki, Hanafi, Hanbali
  • Regional variations
  • Scholarship in Islam, uztad, ulama, mufti etc.
  • Islamic education: the role of madrasah
  • Fatawa
  • Islamic judicial models: Qadi, Hakim
  • Tajdid: Modern reforms
  • Current debates, case studies.
  • Take-home examination (100%) (5-8 September)
    or
  • Research paper 10,000 words (100%) (16 October) (topic approved by the subject coordinator)
N.A.N.A.24 - 26 contact hours per subject.Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.Please see the Subject Objectives for this information.The time commitment for this subject depends on the candidate's background and experience.N.A.Please see the subject homepage on the Melbourne Law Masters website for up to date timetable information.Professor Abdullah SaeedLawFor the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730795P12.500Semester 2NLawLaw730-795

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