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Islamic Law

Vak
2023-2024

Admission requirements

No previous background in Arabic or Islamic studies is required for this course. A basic working knowledge of Islam is recommended.

Description

Islamic law, or Shari'a, is subject to great controversy, among Muslims as well as non-Muslims. It developed as a legal science that allowed for multiple interpretations into what we call today 'law', that is, codifications of national law. But in addition to national Islamic laws, different forms of Shari'a are also being practiced on a local level in the world of today.
This course will guide the student through this complexity of rules, interpretations, and practices. Four distinct topics will be addressed:

  • 'classical law': this is Sharia as a legal science, where we will discuss its origins and evolution, the development of methodlogied and the emergence of schools of law. We will address topics like crimial law, marriage and divorce, and Islamic state. In this part of the course we will lay the groundwork of terminology and concepts that is needed to understand all further developments that we are witnessing today.

  • 'codified law': this is the parts of Sharia that have been turned into legal articles ('codification') and made part of the national law of a country. We will discuss the Islamic criminal law of Pakistan and Nigeria, and the Islamic family laws of Morocco and Egypt. We will also address the use of Sharia by non-state actors like Taliban, ISIS, and the like.

  • 'sharia in the West': this is the practices of Muslims living in the West, where they voluntarily try to live in accordance to the rules of Islam in the absence of any national Islamic laws or governments enforcing such laws. We will discuss issues like sharia courts and councils, the notion of the 'caged woman',) and the role of local authorities like imams.

  • 'comparative law': we will discuss Sharia in relation to human rights, minority rights, and the notion of legal pluralism.

The first six lectures, until the midterm, will be use primarily to feed the student with the knowledge necessary to come to an understanding of the basic concepts and mechanisms. This will be tested in the Midterm Exam. The second six lectures will be about the ways that Sharia is being discussed and applied in today's world.

Course objectives

  • Acquiring knowledge of and insight into the main outlines of the history of Islamic law, its methodologies, major concepts and different manifestations.

  • Acquiring knowledge of and insight into selected areas of the Islamic legal system, in particular family law and criminal law.

Timetable

The timetables are available through My Timetable.

Mode of instruction

Lecture

Assessment method

Partial Assessment Weighing
Midterm Exam 40%
Final Exam 60%

Resit

Resit Exam 100%

Reading list

The reading list will be made available in due time on Brightspace.

Registration

Enrolment through MyStudyMap is mandatory.
General information about course and exam enrolment is available on the website

Contact

  • For substantive questions, contact the lecturer listed in the information bar on the right.

  • For questions about enrolment, admission, etc, contact the Education Administration Office: De Vrieshof

Remarks

Please note that the additional course information is an integral part of this course description.