INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA COURSE OUTLINE

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1 INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA COURSE OUTLINE Kulliyyah Department Programme Course Title Islamic Revealed Knowledge and Human Sciences Fiqh and Usul al-fiqh Bachelor of Islamic Revealed Knowledge and Heritage (Fiqh and Usul al- Fiqh) Introduction to Fiqh Course Code RKFQ 2062 Status Level Specialization Undergraduate Credit Hours 3 Contact Hours 3 Pre-requisites Co-requisites Instructional Strategies Course Assessment Instructor (s) Semester Offered None None Content-based teaching Learning Outcomes Method % 2, 3, Presentation 5% 1, 2, 3 Mid Semester Examination 25% 2, 3, 4 Course Project 20% 1, 2, 3, 4 Final Examination 50% TOTAL 100% To be determined Every Semester 1

2 Course Synopsis The content of this course is divided into two major parts: the concept of fiqh and the history of fiqh. The first part deals with some key concepts, such as the meaning of fiqh and Shari`ah, their characteristics, objectives, sources and general rules. The second part deals with the main features of the historical development of Islamic Legal Thought from the period of Risalah until our present time. The primary focus in the first part is on the meaning and concept of fiqh, while the second part emphasizes its dynamism. Course Objectives Learning Outcomes The course aims to: 1. Familiarize the students, with the concept, structure and terminology of fiqh. 2. Examine factors, which led to the development of Islamic legal Thought as well as its stagnation. 3. Enable the students to gain an awareness of the relevance of Islamic Law to the contemporary needs of Muslim societies. At the end of the course, the student will able to: 1. Demonstrate knowledge and understanding of the basic concepts in Fiqh. 2. Explain how the ruling or al-hukm is derived in Islamic Law throughout the Islamic history. 3. Demonstrate knowledge and understanding of various sources of Islamic law and the basic difference between these sources. 4. Describe Islamic legal maxims together with their application on modern issues. 5. Outline various stages through which Islamic law has gone through, and what are the basic difference between each stage starting from time of Prophet until modern time. 6. Identify the importance of Ijtihad and disadvantage of having Taqlid in their life. Content Outlines Weeks Topics Task/Reading 1 Introduction: an overview of the course Fiesal, 1998, pp

3 2 1. Shari`ah and Fiqh. 2. Law and Jurisprudence 3. Characteristics of Fiqh and Shari`ah. 4. Shari`ah and other Laws. Feisal, 1998, pp Nyazee, 2000, pp Laldin, 2006, pp Division of Fiqh. 6. Place of Fiqh among other Islamic Disciplines. The objectives of Shari`ah and Fiqh: 1. Theory of Maqasid. 2. The aims and purposes of Fiqh. Sources of Fiqh: 1. Textual Sources: - The Qur an. - Characteristics of Qur anic legislation. - Sunnah. - Its place in Islamic legislation. 2. Ijtihadi sources: - Ijtihad. - Its Meaning and techniques. - Qiyas. - Collective ijtihad. - Ijma` and other sources. Legal Maxims: 1. Significance and scope. 2. Major sources on legal maxims. 3. Study of five legal maxims. - Matters are determined according to intention. - Freedom from liability is a fundamental principle. - Hardship begets facility. - Harm shall not be inflicted nor reciprocated. - What is certain cannot be removed by doubt. Feisal, 1998, pp Haneef, 2002, pp Laldin, 2006, pp Feisal, 1998, pp Laldin, 2006, pp Nyazee, 2000, pp Fiesal, 1998, pp Laldin, 2006, pp Feisal, 1998, pp Mahmassani, 1991, pp Laldin, 2006, pp Mahmassani, 1998, pp Laldin, 2006, pp

4 Period of Risalah: 1. Periodization of the history of Fiqh. 2. Pre-Islamic background. 3. Makkah and Madinah phase. 4. Significance of this period for the development of fiqh. Period of the four Caliphs: 2. Legal development. 3. Differences of opinion. Period of Early Schools: 2. Ahl al-hadith and Ahl al-ra y. 3. Famous Muftis of this period. Period of Classical Schools: 2. Rise of four classical schools, distinctive. 3. Characteristics of their methodologies and main reasons for conflicting rulings. The research fixation period: 2. Stagnation in the development of Fiqh. 3. Position of Muslims regarding the following of the Madhahib. Period of Taqlid: 2. Causes and consequences of taqlid. 3. Great jurists of this period. 4. Fiqh in Osmani and Mughal States. Modern Period: 2. Penetration of Western laws into Muslim. 3. Countries, codification of Fiqh. 4. Islamic Law in the Muslim States. 5. Islamic law in Malaysia. 6. Future of Islamic Law. Qadri, 1986,, pp Abu Ameenah, 1998, pp.5-9. Laldin, 2006, pp Qadri, 1986, pp Laldin, 2006, pp Qadri, 1986, pp Laldin, 2006, pp Qadri, 1986, pp Abu Ameenah, 1988, pp Laldin, 2006, pp Abu Ameenah, 1988, pp & Laldin, 2006, pp Nyazee, 2000, pp Qadri, 1986, pp Abu Ameenah, 1988, pp Laldin, 2006, pp Qadri, 1986, pp Nyazee, 2000, pp Ibrahim, 1993, pp Laldin, 2006, pp

5 References Required: 1. Abu Ameenah, Bilal Philips (1988), The Evolution of Fiqh, Riyadh: International Islamic Publishing House, Third Edition. 2. Osman, Fathi (1994), Shari`ah in Contemporary Society, Los Angeles: Multimedia Vira International. 3. Feisal, Abdul Rauf (1998), Islam: A Sacred Law, Library of Congress: Qiblah Books. 4. Laldin, Mohamad Akram (2006), Introduction To Shariah and Islamic Jurisprudence, Kuala Lumpur: CERT Publications. 5. Nyazee, Imran Ahsan Khan (2000) Islamic Jurisprudence, Islamabad: IIIT, Islamic Research Institute. 6. Haneef, Sayed Sikandar Shah (2002), Towards an Enlightened Understanding of the Shari`ah, Muslim Education Quarterly, Cambridge, The Islamic Academy, Vol.19, No.3. Recommended: 1. Hassan,, Ahmad, (1970), The Early Development of Islamic Jurisprudence, Islamabad: Islamic Research Institute,. 2. Ibrahim, Ahmad (1993), The Future of the Shariah and the Shariah Courts in Malaysia, Journal of Malaysian and Comparative law, vol 20, Kuala Lumpur : Faculty of Laws, University Malaya 3. Al-Alwani, Taha Jabir (1990), Source Methodology in Islamic Jurisprudence, Riyad: International Islamic Publishing House and IIIT. 4. Niyazi, Imran Ahsan Khan (1994), Theoris of Islamic Law, Islamabad: IIIT. 5. Faruki A, Kamal (1975), Islamic Jurisprudence, Islamabad: National Book Foundation, Second Edition. 6. Abd al-rahim, Muddathir (1996), The Development of Fiqh in the Modern Muslim World, Journal of IKIM. 7. Wasse, Muhammad l, Islamic Law (1983) Its Application as it was Revealed in the Qur an and its Adaptability to Cultural Changes, Hamdard Islamicus. Karachi: Hamdard Centre, Vol. VI. 8. Gunaya, Muhammad Yusof (1992), Islamic Jurisprudence in the Modern World, Lahore: Muhammad Ashraf. 9. Fareed, Muneer Goolam (1996), Legal Reform in the Muslim World, London:Austin and Winfield. 10. Qadri, Anwar Ahmad (1986), Islamic Jurisprudence in the Modern World. Delhi: Taj Company. 11. Ramadan, Said (1961), Islamic Law, Its Scope and Equity, London Mahmassani, Subhi (1991), The Philosophy of Jurisprudence in Islam. Leiden: E.J. Brill. 5

6 13. Najmee,, Syed Abdul Hassan (1989), Islamic Legal Theory and the Orientalists, Lahore: Institute of Islamic Culture. 14. Syed Hamid Albar (n.d.) The Shariah and the Shariah Court in Malaysia, Undang-undang Keterangan dan Prosedur di Mahkamah, Kuala Lumpur: Institut Kefahaman Islam Malaysia. Proposed Start Date (Semester) Batch of Students To be Affected Semester 1, 2006/2007 Matric No: 053 Prepared by: Checked by: Approved by: (Chairman of Departmental (Head of Department) (Dean/ Director) Curriculum Committee) 6

7 Course Assessment Matrix: RKFQ 2062 Programme Outcomes Course Learning Outcomes Outcome 1 Outcome 2 Outcome 3 Outcome 4 Outcome 5 Outcome 6 Outcome 7 Outcome 8 Outcome 9 1. Demonstrate knowledge and understanding of the basic idea of Islamic Fiqh Explain how the ruling or al-hukm is derived in Islamic Law throughout the Islamic history Demonstrate knowledge and understanding of various sources of Islamic law and the basic difference between these sources Describe Islamic legal maxims together with their application on modern issues Outline various stages through which Islamic law has gone through, and what are the basic difference between each stage starting from time of Prophet until modern time Identify the importance of Ijtihad and disadvantage of having Taqlid in their life *1=objective addresses outcome slightly, 2=moderately, 3=substantive The educational outcomes of the programmes conducted by the Department of Fiqh and Usul al-fiqh are as follows: 1. Explain the difference and relationship between Fiqh and Usul components of Islamic Law. 2. Distinguish between the primary and secondary sources of Islamic Law. 3. Describe the Usul methodology in deducing the rulings of Fiqh. 4. Distinguish and compare the different views of the jurists (fuqaha ) and choose the prevailing and suitable ones to be applied at present time. 5. Differentiate between the different approaches to deduce the rulings of Fiqh. 6. Identify the priorities and needs of society in deducing the rulings of Fiqh consistent with the objectives of the Shari ah. 7. Implement the knowledge acquired in order to resolve minor issues of Fiqh. 8. Identify the classical as well as contemporary references and works in Islamic Jurisprudence. 9. Read and comprehend the juristic texts of classical schools. 7