Islamic law - between tradition and modernity 3600-AR-ILBTM-OG

The course introduces students to the field of Islamic law and its jurisprudence. Islamic law is a comprehensive legal system deriving from Islamic religious texts and traditions that maintains its significance in the contemporary age. The course aims to survey core concepts in Islamic law in historical and comparative modern contexts. It is designed to give students a grounding in the history, principles, and basic concepts of Islamic law.

The first part of the course is devoted to a brief introduction to history, basic terminology, and sources of Islamic law. During this part, students will be acquainted with the historical development of Islamic law as well as its legal institutions. The first part is also aimed at a brief introduction to principles and the written sources of Islamic law (the Quran and the Sunnah), as well as the secondary sources of Islamic law. The course also takes into account modern perspectives on Islamic law, with particular attention to its relationship with customary practices, colonial authority, and nation-state laws.

The second part of the course explores several areas of Islamic substantive law, in particular Islamic penal and family law. The part will survey classical provisions guarding Muslims' lives in a historical perspective and determine their influence on today's world. This part also touches on modern challenges and changes in Islamic law, particularly in the field of gender, Islamic bioethics, human rights, and ethnic and religious minorities living in the Muslim world.

During the course, the students will be presented with several in-class readings on various aspects of Islamic law and encouraged to participate in discussions. No previous familiarity with the subject is necessary, and there are no course prerequisites. All readings will be in English.

Prerequisites (description)

The aim of the course is to introduce students to classical and modern Islamic law and its jurisprudence. Participation in the course does not require any prior knowledge of Islam or Islamic law, nor are there any other course prerequisites

Course coordinators

Sofia Kryvosheieva
Katarzyna Pachniak
Karolina Raczkiewicz

Type of course

general courses

Mode

Classroom

Learning outcomes

On completion of this course, the student will be able to:

Demonstrate an understanding of the historical development of Islamic law.
Demonstrate an understanding of the nature of Islamic law, its sources, and methodology.
Demonstrate an insight into a selected area of Islamic substantive law, in particular, family and criminal law.
Describe the relationship between Islamic law and the nation-state laws.
Give examples of modern challenges in Islamic law.
Display an understanding of the significance of modern legal opinions (fatwas) and their influence on the Muslim community.
Display the ability to read key texts in the field critically and with comprehension.
Display the ability to express his/her position and to engage in a discussion on a key aspect of Islamic law.

Assessment criteria

attendance (maximum 2 unexcused absences is permitted), class participation (the two students with the highest number of participation points will have their final grade increased by half a grade, e.g., from 4+ to 5), final test during the last class (students must score at least 60% to pass)

Bibliography

Joseph Schacht, An Introduction to Islamic Law, Clarendon Press, 1964.
Huston Smith, Islam: A Concise Introduction, HarperOne, 2001.
Mashood A. Baderin, Islamic Law. A Very Short Introduction, Oxford University Press, 2021.
Mohammd Hashim Kamali, Principles of Islamic Jurisprudence, Islamic Text Society, 1991
Mohammad Hashim Kamali, Crime and Punishment in Islamic Law: A Fresh Interpretation, Oxford University Press, 2019.
Shaheen Sardar Ali, Modern Challenges to Islamic Law, Cambridge University Press, 2016.
Dariusch Atighetch, Islamic Bioethics: Problems and Perspectives, Springer, 2007.
Ahsan Khan Nyazee, Outlines of Islamic Jurisprudence, Advanced Legal Studies Institute, 2005.
Muhammad Tahir Mansoori, Family Law in Islam, Theory and Application, Shari'ah Academy, International Islamic University, 2006.
Badran, Margot (ed.), Gender and Islam in Africa: Rights, Sexuality, and Law, Woodrow Wilson Center Press, 2011.
Christelow, Allan, Muslim Law Courts and the French Colonial State in Algeria, Princeton University Press, 1985.
Chatty, Dawn (ed.), Nomadic Societies in the Middle East and North Africa, Brill, 2018.
Hallaq, Wael B., Sharıˉa. Theory, Practice, Transformation, Cambridge University Press, 2009.
Hooker, Michael Barry, Legal Pluralism. An Introduction to Colonial and Neo-colonial Laws, Clarendon Press, 1975.
Omran, Abdel Rahim, Family Planning in the Legacy of Islam, Routledge, 1992.

Additional information

Information on level of this course, year of study and semester when the course unit is delivered, types and amount of class hours - can be found in course structure diagrams of apropriate study programmes. This course is related to the following study programmes:

Additional information (registration calendar, class conductors, localization and schedules of classes), might be available in the USOSweb system:

Description of 3600-AR-ILBTM-OG in USOSweb