FACULTY OF SYARIAH AND LAW BACHELOR OF SYARIAH AND LAW (HONS) Student Learning Time Face-to-face Non Face-toface

Similar documents
THE PRACTICE OF TAKĀFUL BENEFIT (NOMINATION) IN THE CONTEXT OF IFSA 2013: A CRITICAL APPRAISAL

COURSE OUTLINE. 6. Centre of Studies: Kulliyyah of Islamic Revealed Knowledge and Human Sciences. Bloom s Taxonomy C A P

INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA COURSE OUTLINE

Islamic Law of Property LAB2033 DR. ZULKIFLI HASAN

LEGAL FRAMEWORK OF ZAKAT IN MALAYSIA

٤٢ أولا : ملاحظات تمهيدية : " " " " " " " " "." " "

Blog :

Analysis of Minor Proposals outside the Mainstream Islamic Finance in Pakistan

Program Brochure. Master Diploma. Islamic Finance. Develope Your Skills to Design Islamic Financial Services.

Can culture be avoided when practicing Islam?

ACCEPTANCE OF HIBAH AS AN ALTERNATIVE MECHANISM IN MUSLIMS ASSET MANAGEMENT

or Blog :

THE AMERICAN UNIVERSITY OF PARIS

Postal Address : Faculty of Shari ah and Law Islamic Science University of Malaysia Bandar Putra Nilai 71800, Nilai Negeri Sembilan Malaysia

TRAINING PROGRAMME REGULATORY AND COMPLIANCE FRAMEWORK IN ISLAMIC FINANCE UNDER IFSA 2013

Islamic Microfinance 4th - 6th June, 2013 in Addis Ababa - Ethiopia

Towards Institutional Mutawallis for the Management of Waqf Properties

CORPORATE WAQF MODEL AND ITS DISTINCTIVE FEATURES: THE FUTURE OF ISLAMIC PHILANTHROPY

INTERNATIONAL CONFERENCE ON WAQF, TRUST & ENDOWMENT

UNDERSTANDING THE SHARI AH PRINCIPLES OF INVESTMENT & WEALTH GENERATIONS

IMPOSING ZAKAT ON LEGAL ENTITIES AND ITS APPLICATIONS TO ISLAMIC FINANCIAL INSTITUTIONS

Islamic Law of Property LAB2033 DR. ZULKIFLI HASAN

Sains Humanika. Management Of Missing Person s Properties In Maqasid Syariah Dimension. Full paper

The Islamic Finance Qualification (IFQ) expands upon knowledge gained from the Fundamentals of Islamic Banking and Finance.

This is the 2 nd of 4 series on the topic Islamic Banking Interest-Free Banking. Read the 1 st, 3 rd and 4 th of the series

Teaching Islamic Heritage at Department of Economics, KENMS, IIUM. Muhammad Irwan Ariffin Research Fellow Centre for Islamic Economics KENMS, IIUM

LAA 3064 MOOT/MOCK AND PLACEMENT OFFICERS OF THE SHARIAH COURT (PEGUAM SYARIE )

Management of Missing Person s (Al-Mafqud) Property in Islamic Perspectives: Issues and Challenges

Postal Address (Malaysia) : Islamic Science University of Malaysia Bandar Baru Nilai 71800, Nilai Negeri Sembilan

WAQF MANAGEMENT AND ADMINISTRATION IN MALAYSIA: ITS IMPLEMENTATION FROM THE PERSPECTIVE OF ISLAMIC LAW

Islamic Legal Education in Public Law Schools in Malaysia Charting the Direction. Muhammad Nizam Awang Islamic Science University of Malaysia

PROPHET MUHAMMAD WAS A BUSINESS MAN

EASTERN ARIZONA COLLEGE The Development of Europe to 1650

Substitution of Waqf Properties (Istibdal) in Malaysia: Statutory Provisions and Implementations

Postal Address : Faculty of Shari ah and Law Islamic Science University of Malaysia Bandar Putra Nilai 71800, Nilai Negeri Sembilan Malaysia

ISLAMIC BANKING & FINANCE INSTITUTE MALAYSIA

Some Higher Education Issues in Muslim Countries with Islamic Economics as an Illustrative Case

Dr. Issa Zaki Issa Mohamed Skakra

GENERAL COURSE LEARNING OBJECTIVES:

WAQF AND ITS ROLE IN SOCIO- ECONOMIC DEVELOPMENT

ZAKAT ADMINISTRATION, DISTRIBUTION AND ECONOMIC GROWTH A study in the Federal Territory of Malaysia. Sorfina Densumite and Mohammed B.

CIEE Study Center in Amman, Jordan

California State University, Sacramento Department of Humanities and Religious Studies HRS 144: Introduction to Islam

Islamic Microfinance an incredible tool to Alleviate Poverty!

Lahore University of Management Sciences

Lahore University of Management Sciences. FINN 441 Islamic Banking and Finance Fall Semester 2014

The Internationalization of Islamic Finance and the Role of International Educational Centres in Human Capital Development

The AEG is requested to: Provide guidance on the recommendations presented in paragraphs of the issues paper.

GENERAL COURSE LEARNING OBJECTIVES:

KEY PILLAR OF GOVERNANCE FOR ISLAMIC FINANCE

Muhammad Abubakar Siddique

Shariah-Compliant Investments: Risks and Returns

Diploma in Islamic Finance

MUSLIMS INHERITANCE LAW IN MINDANAO PHILIPPINES: A GUIDE FOR BEGINNERS

MOHAMMED ARIFF (editor) The Islamic Voluntary Sector in Southeast Asia, Institute of Southeast Asian Studies, Singapore, 1991, 258 p.

SYLLABUS. Department Syllabus. Philosophy of Religion

Program Brochure CIFE. Certified Islamic Finance Expert. Develope Your Skills & Become an Expert in Islamic Finance.

The CIMA qualifications in Islamic Finance. A different perspective on global business

ZAKAT IN EMPLOYEES INCOME TAX

CHAPTER V CONCLUSION & SUGGESTION. broaden its effect, program on zakat microfinance is a smart step. Assessment and

Steps to Establishing a Permanent Endowment Program

Assessment on the Willingness among Public in Contributing For Social Islamic Waqf Bank for Education

Syllabus. Cambridge International AS Level Islamic Studies Syllabus code 8053 For examination in November

All About. Zakat al-fitr.

Islam & Welfare State: Reality Check & The Way Forward

GREEN CRESCENT PRIMARY SCHOOL

ISLAMIC FINANCE PROGRAMMES

Proposed Model for the Implementation of Sadaqa

Islamic Inheritance Law among Muslim Minority Countries in Southeast Asia

Proposed Conceptual Design of Waqf Management System

ISRA International Journal of Islamic Finance

Zakat in Sudan Alamin Ali Abdelgadir, General director of Information center at Zakat Chamber

An Introductory to the Middle East. Cleveland State University Spring 2018

Page 2

A FRAMEWORK FOR DESIGNING CLASSROOM INSTRUCTION AND ACTIVITIES FOR TEACHING AND LEARNING SUPPORTING ENHANCED ISLAMIC AWARENESS

Sustainability: Waqf and Zakat Contributions

Study plan Faculty Shari ah Master in Islamic studies program (Non-Thesis Track)

ISLAMIC AND NON-ISLAMIC FINANCE IN CONTEMPORARY PERSPECTIVE

CURRICULUM VITAE. WORKING EXPERIENCES NAME OF INSTITUTION POSITION ATTENDED Department of Economics, Faculty of Economics,

Methods and Methodologies in Fiqh and Islamic Economics. Muhammad Yusuf Saleem (2010)

Present to you. Bachelor in Islamic Revealed Knowledge and Heritage (BIRKH) in Usul al-din and Comparative Religion

Mr. Tahir Khurshid Head Of Audit & Inspection Group Bank Alfalah Limited

TH/WM 659 Evangelical Theology and World Religions Gordon-Conwell Theological Seminary Charlotte Summer I 2012

Course Title: Islamic studies. Course Code: ISL 101. Credit Hours Theory: Three (3)

ULUM AL-QURAN COURSE IN HIGHER EDUCATION INSTITUTIONS: A COMPARATIVE STUDY OF SELECTED PUBLIC UNIVERSITIES IN MALAYSIA

A Critical Analysis of Mudarabah & A New Approach to Equity Financing in Islamic Finance

Universitas Islam Indonesia Faculty of Economics INTERNATIONAL PROGRAM

BY-LAWS. of the Islamic Community. of North American Bosniaks

The 6th Azerbaijan Micro-finance Conference

Islamic Bio-ethics/Online Program

Contracts and Transactions under Islamic Law

Al-Ghazzali: Reviving the Islamic Sciences as a Viable Paradigm. This paper reconsiders the viability of Al-Ghazzali s Ihya `Ulum al-din (The

Biblical School of World Evangelism. Milford, Ohio SYLLABUS. Chronological Bible. Spring 2014 BI 106 (Catalog Number) David L.

Faculty of Languages, Islamic & Oriental Learning. GCU Prospectus

manah Institute of Islamic Finance and Economics Learn at Your Pace, Anytime, Anywhere

THE TRANSFORMATION OF THE ROLE OF WAQF IN THE HIGHER LEARNING EDUCATION IN MALAYSIA: A NEW PARADIGM FOR ISLAMIC FINANCIAL INSTITUTIONS

Financing Kolej Universiti INSANIAH Using the Concept of Cash Waqf: The Way Forward

TEXTBOOKS: o Vernon O. Egger, A History of the Muslim World to 1405: The Making of a Civilization, (Required)

THE ADMINISTRATION AND MANAGEMENT IN ECONOMICS DEVELOPMENT OF WAQF LAND.

PHILOSOPHY AND RELIGIOUS STUDIES

Transcription:

FACULTY OF SYARIAH AND LAW BACHELOR OF SYARIAH AND LAW (HONS) 1 Name of Course Islamic Law of Property 2 Course Code LAB2033 3 Instructor Dr. Zulkifli Hasan 4 Rational for the Inclusion of the Course in the Programme To learn and understand the law of properties under the Islamic law and its application in Malaysia. 5 Semester and Year offered Semester 3 (Year 2) 6 Student Learning Time Face-to-face Non Face-toface L = Lecture T = Tutorial P = Practical O = Others E= Examination L 28 T 28 P 0 O 14 E 4 46 120 Total time (Guided and Independent Learning) 7 Credit Value 3 8 Objectives The objectives of the course are: 1. To introduce the students to the concept of Islamic law of property, its application and the procedures, ways and conditions in the distribution of property in Islam; 2. To train and teach the students to identify problems relating to Islamic law of property; and 3. To develop the students problem solving skills to various issues in the administration of Muslim properties in Malaysia. 9 Learning outcomes At the end of semester, students will be able to: 1. To understand the basic structure of property law in Islam and identify various properties under the administration of State Islamic Religious Council. (LO1-C2); 2. apply and resolve problems relating to Islamic Law of property. (LO2-P2); and 3. identify and evaluate specific issues related to Islamic properties in Malaysia. (LO6-P2) 10 Transferable skills Students should be able to develop good written and interpersonal communication, team work and leadership, problem solving through a process of

11 Teaching-Learning and Assessment Strategy lectures and tutorials. Teaching-learning strategy: The course will be taught through a combination of formal lectures, exercises, group work, using authentic materials, informal activities and various textbooks. Practical experience and collaborative teamwork will be fostered throughout the course. The use of examination and internal reporting assessment will assess the student s ability to apply theoretical concepts in context. Assessment strategy: Formative Summative 12 Synopsis This course focuses on the legal aspects of Muslim property in Malaysia which are relevant to the wakaf property, zakat, inheritance, will, hibah, jointly acquired property, nominee s property and saved property. It discusses specifically the administration of faraid, the applicable laws including the Probate and Administration Act and the customary laws among Muslims in Malaysia. It covers some forms of practical training, concept, conditions and the method of distribution of estates and wills. This course will also discuss the administration of zakat and bait-ul-mal as financial institutions of an Islamic state and its administration in Malaysia. Discussion on the administration of zakat will include the current rate of zakat, the power to collect it and contemporary issues including zakat on income and its method of distribution. 13 Mode of Delivery Lecture, tutorial, class discussion, presentation, test and quiz and drafting. 14 Assessment Methods and Types (a) Mid semester exam = 15% (b) Presentation/Participation= 15% (c) Written assignment = 10% (d) Final examination = 60% 15 Mapping of the Course Learning Outcome/Module to the Programme Learning Outcomes Refer to attachment

16 Content Outline and the SLT per Topic Lecture Tutorial Library Self-learning Others Total 1 2 3 4 Introduction Origin of the Property Law in Islam Sources of Islamic Law of property a. Evolution of Islamic Law of property b. Qur an and Sunnah in Relation to property Law c. Other Sources Concept of Property Rights and Acquisition Definition Sources and Basis of Acquisition of Property in Islam Levels of Property Rights Limits of Property Rights Claims of Property Rights Legitimate Acquisition of properties Ethics on rights of property Administration of Wakaf Properties in Malaysia Definition of wakaf Background and Sources Constitutions of wakaf Subjects of wakaf Classification of Wakaf Regulation on Waqf Wakaf Legislations Wakaf management in Malaysia Application of wakaf properties Issues and problesm 2 2 1 2 1 8 2 2 1 2 1 8

5 Administration of Zakat in Malaysia Zakat Legislation Management of zakat properties Programmes and application of zakat assets Problems in the collection and distribution of zakat Administration of Bait-ul-Mal in Malaysia Definition of Bait-ul-Mal Objectives and functions of Bait-ul-Mal Development of Bait-ul-Mal in Malaysia Management of Bait-ul-Mal Programmmes and activities under Bait-ul- Mal 6 Current Rate of Zakat and Power to Collect Zakat Objectives of Zakat Obligatory nature of zakat and its place in Islam on whom Zakat is obligatory Kind of wealth on which zakat must be paid and their ratios Assets subject to zakat power of the State in the collection of zakat Zakat on Income and the Method of Distribution - Jurists opinion on Income - The nisab of earned income - Zakat rate on earned income - The place of intention in Zakat payment in value - Transporting Zakat - Pre-payment and delayed payment of zakat 7-8 Administration of Muslim Estates in Malaysia Qur an and Sunnah Injunctions on the law of Inheritance Muslim law of Inheritance in Malaysia - customary law and Islamic law Distribution of Estates According to Shafi I School Order of Payments of Estate Monies Impediments to Succession Distribution of Properties under the Small Estates Act Probate and Administration Act 1959 4 4 2 2 1 13

9-10 11 12 13-14 Administration of Wills in Malaysia Sources of the Law of Wills Nature and Conditions of a valid Will Subject matter of a Will Formalities of an Islamic Will Revocation of a Will Testamentary law under the Shafii School of law States legislation on Wills Obligatory Bequest under the Selangor Wills Enactment The Position of Hibah and its Implementation in Malaysia Definition of Hibah Constitution of Hibah (proposal, acceptance and Possession) Revocation of Hibah Position and Implementation of Hiba in Malaysia Nominees and Saving Properties Definition of Nomination Types of Nomination Nominations affecting Insurance Policyholders Nominations affecting members of Cooperative Societies Nomination under the Employees Provident Fund Act 1991 Nominations of Monies held by Tabung Haji Fatwas on the Effect of Nomination The Position of Harta Sepencarian and its implementation in Malaysia Definition Background of Harta Sepencarian Conceptual Basis of Harta sepencarian Application of Harta Sepencarian from Customary Practice to Syariah rule Harta Sepencarian and Savings of Muslimgs in the EPF and other saving funds. 4 4 4 4 1 12 4 4 2 2 1 13 TOTAL (14 s) 28 28 22 24 14 116 17 Main references 1. Pawanceek Marican. (2004). Islamic Law of Inheritance Laws in Malaysia. Kuala Lumpur: Lexis Nexis 2. Islahi, Abdul Azim. (2003). Waqf: A Bibliography. Jeddah: Scientific Publishing Centre. 3. Islahi, Abdul Azim. (2005). Zakatf: A Bibliography. Jeddah: Scientific Publishing Centre. 4. Islam, Muhammad Wohidul, Al-Mal: The Concept of Property in Islamic Legal Thought, Arab Law Quarterly, Vol. 14, No. 4 (1999), pp. 361-368. Related Cases

18 Additional references 1. Al-Qaradawi, Yusuf. (1999). Fiqh az-zakat: A comparative Study. London: Dar Al Taqwa Ltd. 2. Coulson, N. J. (1970). Succession in the Muslim family. Cambridge: Cambridge University Press. 3. Ziadeh, Farhat. (1993). Property Rights in the Middle East: From Traditional Law to Modern Codes. Brill. 4. Ziadeh, Farhat. (1979). Property law in the Arab World: Real rights in Egypt, Iraq, Jordan, Lebanon, Libya, Syria, Saudia Arabia, and the Gulf States. London: Graham & Trotman.b 5. Abdul Kader Ismail. (1983). Sistem Pusaka Islam. Kuala Lumpur: Dewan Bahasa dan Pustaka. 6. Mohd Ridzuan Awang. (1986). Undang-Undang dan Pentadbiran Harta Pusaka Orang Islam di Malaysia. Kuala Lumpur 7. n. a. Majallat al-ahkam. (1967). Pakistan: Law Publishing Company. 8. Sidhu, Mahinder Singh. (1998). The Law of Wills Probate Administration and Succession in Malaysia and Singapore. Kuala Lumpur: International Law Book Services. 9. G. Raman. (1993). Probate and Administration in Singapore and Malaysia: Law and Practice. Kuala Lumpur: Butterworths. 10. Hasan, Z. (2007). The Effectiveness of the Administration of Waqf Land in Malaysia, Shari ah Law Reports, 3, 68-80. 11. Hasan, Z. (2008). The Investment of Waqf Land as an Instrument of the Muslims Economic Development in Malaysia, Dubai International Conference for Endowments Investments, the Dubai Awaqf and Minors Affairs Foundation, 4-6th February 2008. 12. Hasan, Z. (2008). Introduction to Islamic Law of Property in Malaysia. Unpublished.

Course Learning Outcomes 1-explain the basic structure of property law in Islam and identify various properties under the administration of State Islamic Religious Council. (LO1-C2) COURSE LEARNING OUTCOMES, DELIVERY AND ASSESSMENT TEMPLATE Compliance to PO Teaching & Learning Activities (TLAs) PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 LO1 LO2 LO3 LO4 LO5 LO6 LO7 LO8 LO9 K CTPS CS TS EM LL KK LS 3 Classroom lecture and discussion Assessment Tasks (ATs) Written test 2-explain problems relating to Islamic Law of property. (LO2- P2) 3-explain specific issues related to Islamic properties in Malaysia. (LO8- P2) 3 Presentation Instructor evaluation of the presentation 3 Assignment Instructor evaluation of the assignment 1- Compliance not measurable (slightly) 2- Compliance without assessment (moderately) 3- Compliance and measurable (substantially)