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QLLM164 Elements of Islamic Law (Sem 1)

Module Description

Islamic law constitutes the expression of Allah’s command for Muslim society and permeates every aspect of it. It is applied to all ranges of legal areas from criminal to commercial to family law. Islamic law is gaining increased momentum and it has resulted in various jurisdictions having to adopt special regimes for the regulation of certain sectors, or adapting their existing ones (eg for financial services).

Drawing upon a very well established legal tradition, this module will introduce students to the essential doctrines and procedures of Islamic law. Students will explore the development of Islamic law from its origins to the modern period.  In addition to secondary works on Islamic law readings will include translations of a variety of Islamic legal texts.

In the first part of the module, students with be provided with an overview of Islamic history and Islamic law, its origins and its continuous developments within modern society. It will then move forward to cover the main sources (al-masadir) and guiding principles (al-usul) of Islamic law. More specifically, Qur’ān (scripture); Sunna (tradition); Ijmā (consensus); Qiyās (analogical reasoning) will be covered.
Also, given that Islamic law is based upon the legal tradition of different schools, the genesis and development of the latter will be investigated (Madhahib), together with a thorough analysis of the institutions of Islamic law (ie Courts and Judges (Qādis)).

The second part of the module will be focused on specific legal sectors such as commercial law, criminal law and family law. Special attention will be given to Islamic banking, finance and commerce. In recent years in fact, these areas have grown remarkably and Islamic institutions have become big players and alternative source of funding for many financial and non financial institutions. However, despite the special nature of Islamic finance, banking and commerce, these service providers may still pose certain risk to financial markets which will be duly investigated.

Applicable programmes

Mode of Assessment

2.15 hour written examination paper

Credits

22.5 Credits

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