Introduction to Islamic law

The module addresses first the religious and historical foundations of Islamic law before going on to address its application in contemporary jurisdictions.

Topics covered

Part I

• Introduction. Islamic law in the modern age. Influence and extent. Importance as a source of law. Meaning of Shari ‘a.
• Historical basis. Pre-Islamic Arabia. Tribal law. The life of Muhammed and his family and tribe (the Quraysh). The Arrashidun caliphs. The Ummayyads and the Abbasids. The ahl-ra’y and the ahl alhadith.
• The sources of Islamic law. The Quran as a law text. The Sunna of the Prophet. Hadith material. The controversy of authentication (Schacht’s and Coulson’s approach). Subsidiary sources or methods of law: ijma, qiyas, istihsan, istislah, istishab, ra’y.
• The development of the schools of law. Sunni versus Shi’i. The Shi’i schools: Ithna Ashari’s, Ismaili’s, Zaydi’s. The Sunni Schools: Hanafi, Maliki, Hanbali, Shafi’i.
• The courts and procedure. The Qadi’s court and Islamic rules of procedure and evidence. The oaths and witnesses.
• Criminal law. The Hadd offences. The Ta’azir offences. The Qisas offences - Homicide: the blood feud and blood money. Pakistan’s Huddood Ordinances.
• International law. Rules on laws of war. Treatment of prisoners. Treaty making powers. Dealings with non-Muslims (Dimmi’s).
• Civil law. Contracts, Islamic Law of Finance, Tort.

Part II

• Family law. Marriage. Guardianship. Legitimacy. Custody. Maintenance. Dissolution of marriage in traditional and modern law.
• Succession.

Learning outcomes

If you complete the module successfully you should be able to:

• Describe the origins, sources, methods and principles of Islamic law
• Describe the history of Islamic law and appreciate its role in the contemporary world
• Explain the main features of the administration of Islamic justice including: the role and function of Islamic courts, role of judges, evidence and proof
• Compare and contrast the operation of Islamic law in relation to matters concerning crime, contract, tort, family and succession
• Critically evaluate questions on Islamic law producing reasoned and evidenced responses
• Employ accurate legal terminology relevant to this area of law.

Assessment

4hr 15 mins unseen examination.

Essential reading

• Coulson, N. A history of Islamic law. (Edinburgh: Edinburgh University Press, 1994, reprinted 2007) [ISBN 9780748605149].
• Kamali, M.H. Principles of Islamic Jurisprudence. (Cambridge: The Islamic Texts Society, 2003) 3rd edition [ISBN 9780946621828].
• Baderin, M.A. Islamic law: a very short introduction. (Oxford: Oxford University Press, 2021) [ISBN 9780199665594].
• Abd al Ati, H. The Family Structure in Islam. (The American Trust Publications, 1995) 4th edition [ISBN 9780892590049].