Methods of Islamic Law

Subject 110-485 (2009)

Note: This is an archived Handbook entry from 2009. Search for this in the current handbook

Credit Points: 12.50
Level: 4 (Undergraduate)
Dates & Locations:

This subject is not offered in 2009.
Time Commitment: Contact Hours: A 2-hour seminar per week
Total Time Commitment: Total of 10 hours per week.
Prerequisites: Admission to the Master of Islamic Studies (coursework and minor thesis), Honours or Postgraduate Diploma in Islamic Studies, or permission of the coordinator
Corequisites: None
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements:

For the purposes of considering request for Reasonable Adjustments under the Disability Standards for Education (Cwth 2005), and Student Support and Engagement Policy, academic requirements for this subject are articulated in the Subject Overview, Learning Outcomes, Assessment and Generic Skills sections of this entry.

It is University policy to take all reasonable steps to minimise the impact of disability upon academic study, and reasonable adjustments will be made to enhance a student's participation in the University's programs. Students who feel their disability may impact on meeting the requirements of this subject are encouraged to discuss this matter with a Faculty Student Adviser and Student Equity and Disability Support: http://services.unimelb.edu.au/disability

Contact

Dr Abdul-Samad Abdullah

abdulsa@unimelb.edu.au

Subject Overview: This subject explores key aspects of the theory, philosophy and practice of Islamic law. The central concepts of legal authority, justice, and authoritative texts will be introduced, followed by issues of jurisprudential methodology such as interpretation and ijtihad. Students will study major developments in the Islamic legal system, the schools of law, and the similarities and differences between various schools of law, the distinguishing features of these legal schools, as well as the social, political, economic and intellectual contexts within which they developed. The subject will explore the concept of Maqasid (objectives); the importance of maqasid al-Shari‘ah (objectives of Islamic law) and its function and role in deducting Shari‘ah law and the relationship between Shari'ah laws and Shari‘ah objectives. Selected legal texts will be examined critically and a comparative analysis will be made of their jurisprudential methodologies, with special emphasis on the relationship between the text and social realities and that between text and the author. In addition, specific examples of judicial systems and their administrations from selected periods in Islamic history and their impact on contemporary Muslim societies, and the attempts at reform in Islamic law in the modern period will also be explored.
Objectives:
  • describe and evaluate key aspects of Islamic law;
  • demonstrate understanding of theory and practice of law;
  • analyse and comment upon diverging scholarly approaches to a given issue;
  • understand a range of differing practical applications of a given theory;
  • analyse a formal system in a sophisticated and reasoned manner.
Assessment: An essay of 5000 words 100% (examination period)
Prescribed Texts: Materials suppied by the Institute
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills:
  • analyse and comment upon diverging scholarly approaches to a given issue;
  • understand a range of differing practical applications of a given theory;
  • analyse a formal system in a sophisticated and reasoned manner.
Notes: Previously available as 110-562 Methods of Islamic Law. Students who have completed 110-562 are not eligible to enrol in this subject.
Related Course(s): Master of Islamic Studies
Postgraduate Diploma in Islamic Studies
Related Majors/Minors/Specialisations: Islamic Studies
Islamic Studies

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