INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA Senate endorsement ref.: Senate endorsement date: Version no: Version effective date: 1. Course Title: Islamic Jurisprudence 2. Course Code: RKFQ 2070 3. Credit Value: 3 4. MQF Level: 6 COURSE OUTLINE 5. Affected Batch: Student with matric number 171 onwards. 6. Centre of Studies: Kulliyyah of Islamic Revealed Knowledge and Human Sciences 7. Department/Unit: Fiqh and Usul al-fiqh 8. 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 key 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. 9. Course Classification within the Curriculum: Core Courses 10. Prerequisite(s) (if any): NIL 11. Course Learning Outcomes: At the end of the course, students are expected to be able to: No. Outcomes Bloom s Taxonomy C A P Soft skills (KI) Programme Outcomes (PO) 1 Analyse the basic concepts of Islamic Fiqh. 2 Differentiate various trends of thought during various stages in the development of Islamic law. C4 A3 EM CTPS P04 P09 1
3 Follows teacher`s instruction when presenting his report in the class. P3 EM P04 12. LO - Instruction Method - Assessment Alignment: Outcomes Teaching-Learning Methods Assessment Methods LO1 Lecture Final Examination (40%) LO2 Lecture Assignment 1 (20%) LO3 Problem-based learning and Case Study Assignment 2 (20%) Case Study (20%) 13. Assessment Methods Weightage: Methods Percentage Final Examination (LO1) 40 Assignment 1 (LO2) 20 Assignment 2 (LO3) 20 Case Study (LO3) 20 TOTAL 100 14. Student Learning Time: 1. Instruction Component Total Allocated Hours 1.1. Teacher-oriented methods Lecture 30 1.2. Student-oriented methods Problem-based learning 12 Total Instructor Contact Hours: 42 2. Independent Learning Component Total Estimated Hours 2.1. Reading and revision Learning hours to grasp prescribed topics 44 2.2. Estimated hours for preparation toward assessments Assignments 10 Case Study 14 Final examination 10 3. Assessment Outside Instruction Hours Total Allocated Hours Final examination 2 TOTAL SLT 122 2
15. Course Contents and Related SLT: Week Topics 1 Introduction: an overview of the course 2 1. Shari`ah and Fiqh. 2. Law and Jurisprudence 3. Characteristics of Fiqh and Shari`ah. 4. Shari`ah and other Laws. 5. Division of Fiqh. 6. Place of Fiqh among other Islamic Disciplines. 3 The objectives of Shari`ah and Fiqh: 1. Theory of Maqasid. 2. The aims and purposes of Fiqh. 4 Sources of Fiqh: 1. Textual Sources: The Qur an. Characteristics of Qur anic legislation. Sunnah. Its place in Islamic legislation 5 2. Ijtihadi sources: Ijtihad. Its Meaning and techniques. Qiyas. Collective ijtihad. Ijma` and other sources. 6 Legal Maxims: 1. Significance and scope. 2. Major sources on legal maxims. 3. Study of five legal maxims. - Matters are determined according to intention. 7 - 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. 8 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. Face to Face Hours Self-Learning Hours 3 3 3
9 Period of the four Caliphs: 2. Legal development. 3. Differences of opinion. 10 Period of Early Schools: 2. Ahl al-hadith and Ahl al-ra y. 3. Famous Muftis of this period. 11 Period of Classical Schools: 2. Rise of four classical schools, distinctive. 3. Characteristics of their methodologies and main reasons for conflicting rulings 12 The research fixation period: 2. Stagnation in the development of Fiqh. 3. Position of Muslims regarding the following of the Madhahib. 13 Period of Taqlid: 2. Causes and consequences of taqlid. 3. Great jurists of this period. 4. Fiqh in Osmani and Mughal States. 14 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 16. References: 16.1. Required 3 3 TOTAL 42 78 Laldin M. A. (2016). Introduction to Islamic Law. Kuala Lumpur: IBFIM. 16.2. Recommended Abu, A. & Bilal P. (1988). The Evolution of Fiqh (3 rd ed.). Riyadh: International Islamic Publishing House. Al-Alwani, T. J. (1990). Source Methodology in Islamic Jurisprudence. Riyadh: International Islamic Publishing House and IIIT. Fareed, M. G. (1996). Legal Reform in the Muslim World. London: Austin and Winfield. Faruki, A. K. (1975). Islamic Jurisprudence (2 nd ed.). Islamabad: National Book Foundation. Feisal, A. (1998). Islam: A Sacred Law, Library of Congress: Qiblah Books. 4
Gunaya, M. Y. (1992). Islamic Jurisprudence in the Modern World. Lahore: Muhammad Ashraf. Haneef, S. S. (2002). Towards an enlightened understanding of the Shari`ah. Muslim Education Quarterly, Vol.19 (3), 35-43. Hassan, A. (1970). The Early Development of Islamic Jurisprudence, Islamabad: Islamic Research Institute. Lahsasna, Ahcene. (2015). Maqasid al-shariah in Islamic Finance. Kuala Lumpur: IBFIM. Laldin M. A. (2016). Introduction to Islamic Law. Kuala Lumpur: IBFIM. Laldin, M A. (2006). Introduction to Shariah and Islamic jurisprudence. Kuala Lumpur: CERT Publications. Laldin, M. A. (2006). Introduction to Shariah and Islamic Jurisprudence. Kuala Lumpur: CERT Publications. Mahmassani, S. (1991). The Philosophy of Jurisprudence in Islam. Leiden: E.J. Brill. Najmee,, A. H. (1989), Islamic legal Theory and the Orientalists, Lahore: Institute of Islamic Culture. Niyazi, I. A. K. (1994). Theories of Islamic law. Islamabad: IIIT. Nyazee, I. K. (2000). Islamic Jurisprudence, Islamabad: IIIT, Islamic Research Institute. Osman, F. (1994). Shari`ah in Contemporary Society. Los Angeles: Multimedia Vira International. Philips, Abu Ameenah Bilal. (2015). The Evolution of Fiqh (Islamic Law & The Madhihabs. Riyadh: International Islamic Publishing House. Qadri, A. A.. (1986). Islamic Jurisprudence in the Modern World. Delhi: Taj Company. Syed H. A. (n.d.) The Shariah and the Shariah Court in Malaysia, Undang-undang Keterangan dan Prosedur di Mahkamah, Kuala Lumpur: Institut Kefahaman Islam Malaysia. Wassel, M. (1983). Islamic Law Its Application as it was Revealed in the Qur an and its Adaptability to Cultural Changes. Hamdard Islamicus, Vol. 6, 26-38. Prepared by: Checked by: Approved by: Signature: Signature: Signature: Prof. Dr. Sayed Sikandar Shah Department of Fiqh and Usul al-fiqh Dr. Luqman Zakariyah Head, Department of Fiqh and Usul al-fiqh Prof. Dr. Rahmah Bt Ahmad H. Osman Dean, KIRKHS Date: 30/6/2017 Date: 30/6/2017 Date: 30/6/2017 5
ANNEX I. Course Instructor Details Semester: 1 Academic Year: 2017/2018 No. Name Email/Contact Department 1 Dr. Mohd. Afandi Awang Hamat mohdaffandi@iium.edu.my Department of Fiqh and Usul al- Fiqh, KIRKHS 2 Miszairi Sitiris miszairi@iium.edu.my Department of Fiqh and Usul al- Fiqh, KIRKHS II. Programme Learning Outcomes At the end of the programme, students are expected to be able to: No. Outcomes Outcome Domain 1 Demonstrate familiarity with established knowledge in Knowledge the field of Fiqh and Usul al-fiqh and awareness of current development therein 2 Use relevant skills learnt in Fiqh and Usul al-fiqh for Practical Skills professional and personal development 3 Cooperate with others and apply knowledge in a socially responsible manner for the progress of the nation and Social Skills and Responsibilities the ummah. 4 Demonstrate commitment to ethics, autonomy and Values, Attitudes and professionalism in the workplace and everyday life. 5 Communicate with people from a diverse range of backgrounds with empathy, showing leadership qualities. 6 Analyse issues and demonstrate skilfulness in planning, executing and evaluating strategies and action plans. 7 Use the necessary learning skills in information management and apply effective strategies for lifelong self-improvement. 8 Apply basic managerial and entrepreneurial skills in relevant fields. 9 Relate Islamic teachings to contemporary realities. Integration Professionalism Communication, Leadership and Team Skills Problem Solving and Scientific Skills Information Management and Lifelong Learning Skills Managerial and Entrepreneurial Skills 6