Naskh: In classical Fiqh, it has different connotations: -the Quran abrogated the laws enunciated in earlier Divine Scriptures,. -abrogation of some of earlier

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1 Introduction to Islamic Law CONTENTS Page COURSE INFORMATION 2 COURSE OUTLINE 2 Book Information 3 Grading Policy and Assessment 3 Syllabus: ISLAMIC JURISPRUDENCE 4 MUSLIM LAW 8 Course Material/Brief Points: ISLAMIC JURISPRUDENCE 10 MUSLIM LAW 37 Some Readings in Islamic Jurisprudence 5 8 Some Readings in Muslim Law 5 8 The Quran Translations 5 8 The Hadith Translation 5 8 Dictionaries 5 8 Additional Material Sources 5 8

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2 COURSE INFORMATION COURSE NAME/SEMESTER : Spring 2015 Section # 22657 Course 5397 Introduction to Islamic Law Course Area: International Law PROFESSOR: SHAHZADO SHAIKH (Adjunct) Contact: 832 – 908 – 0635 Credits: 3 Time : 7:30p – 9:00p MW Room : Exam: 05/09/15 9am – 12pm Prerequisites / Skills/Course Requirement : No prior course work is required. First Day Assignments: No Senior Upper Level Writing Requirement: No Students may meet : 6 :30p – 7:30p MW Students can also contact to set up appointment. Location : UH LC Course Outline: Based on a belief system of a divine origin, Shariah envisage s , both, a religion and a social order. The course seeks to introduce core textual (as the basic source), theological (belief system), and legal components, along with historical impact, while examining different phases, through its sources and methodologie s, leading to development of schools of opinions and legal theories. The course will examine texts, history and current issues in Islamic Law and its enforcement. It will also study principles, concepts and terminology of Islamic Jurisprudence and Musl im Law, It will introduce some aspects of Islamic law pertaining to substantive areas, like constitutional, commercial, international, and criminal laws; and some specific areas like marriage, divorce, child custody; succession and wills. These areas wil l be examined with reference to the law of the land and some cases discussed in US courts in the context of Islamic Law.

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3 Some important issues, will also come under debate, including, Human Rights, R ights, Rights of religious minorities, Punishments, and Finance preferences (e.g., Islamic Banking, Trade and Finance) . world, is bound to be contested. Islamic law and its relation to mode rn historical and political developments will be discussed, including divergent conceptions of violence and political interest and authority. Book Information: The list is given at the end. Books may not necessarily be purchased for this course. Digital copies of the suggested and supplemental Books have been provided. Students can photocopy/e – copy them. In addition, topic – wise Brief Points and Course Short Notes have also been provided, which can also be copie d /downloaded. Furthermore, lectures will be supported by Power Point Presentations/Slides. G rading : UH LC Policy Assessment : 1. Attendance , Class Participation , & Presentations (5 – 10 minutes) : 10% , 2. Knowledge of topics, texts, and writings: Examination : 70% Engagement with the subject will be in a format: – Intro, Brief and General Summary, along with overarching assessment. – Citation, – Conclusion. Course materials and Books can be used during examination. Personal Computers can be used in classroom and during examination. Assignment /Project/Case Study: 20% i. 1 – 2 page memo on some selected P roject, ii. Selected rule of Muslim Law of any Muslim country to write a 1 – 2 – page analysis or review, and iii. Case Study. Style: Options: i. Persuasive (argue a thesis, attempt to prove a point), ii. Comparative (compare more than one perspectives) iii. Interpretive, iv. Explanatory.

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4 Syllabus: ISLAMIC JURISPRUDENCE 1. Short Introductions: 1.i. Pre – Islamic Arabia – social and economic conditions, – beliefs and customs, – Istis – hab (Presumption of Continuity), – Stare Decisis. — influence on Islamic law 1.ii. Five Pillars of Islam 1.iii. The Articles of Faith 1.iv. The Moral Basis of Islamic Law – Enjoin Good and Prohibit Wrong 1.v. The Grundnorm of Islamic Law Islam 1.vii. Political Islam 1.viii. Politico – Notional Differences 2. Islamic Law as a Divine Law and its Sources. Sources of Islamic Law 2.i The Quran, 2.i.a. The Basic Source of Law, 2.i.b . Approaches to understanding the texts: Selected Verses, 2.i.c. Concept of Naskh (abrogation, amendment) 2.ii The Revelation and the Reason: 2.ii.a. Divine Law: based on Revelation: 2.ii.b. Man – made Law: based on Reason 2.iii. Mutazilah 3. The Sunnah 3.i. The Primary Source Its relationship to the Quran

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5 3.ii. Approaches to understanding 3.ii.a. the texts: Selected Traditions 3.ii.b. Athar (Impact) and Amal (Practice) 3.ii.c. Practice and Transmission 3.iii. Sunnah and Hadith 3.iv. Hadith 3.v. Difficulties In Acceptance Of Hadith 4. Qiyas (Analogy) 5.Ijma (Consensus) 5.i. Ijma (Consensus) 5. ii. Qiyas – Ijma – 6. Historical Development of Islamic Law: 6.i. Early development of Islamic Law 6.ii. Legal schools: opinions and methodology 6.iii.Hanafi Interpretation or Methodology 6.iv. Maliki Interpretation or Methodology 6.v. Shafai Interpretation or Methodology Hanbali Interpretation or Methodology 6.vii. Perspective to Shia Law 6.viii. Kulayni 6.ix . Important factors in development of fiqh 6.x.Authority according to Sunni and Shia 6.xi. Umayyads (661 – 750 CE) 6.xii. Abbasids (750 – 800 CE) 6.xiii. Development of Judge – made Law and Administration 6.xiv. Some Reasons of Disagreement 6. xv. Schools of Islamic Law and Sects 6.xvi. Spatial Development 6.xvii. Application of Raay – i and availability of Hadith 6.xviii. Academic Impetus 6.xix. Ottoman World and Turkey 6.xx. From Ottoman to Muslim World: – Shariah in secular Muslim states, – Muslim states and some other states with blended sources of law, – Muslim states applying Shariah 6.xxi. Learning From Lessons 6.xxii. Research and Reform 6.xxiii. Some Serious Issues Involved:

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6 7. Short Introduction to the Terminology 7. Fiqh 8.Usul ul Fiqh 8.i. Usul ul Fiqh 8.ii. Khilaf 9. Important Terminology 9.i. Ijtihad 9.ii. Istihsan (Juristic Equity) 9.iii. Istidlal 9.iv. Istislah 9.v. Takbayyur (selective choice from alternate opinions) Ellah 9.vii. Fatwa 9.viii. Mujtahid, Mufti, Faqih, Mufti, Muqallid 9.ix. Taqlid 10. Concepts and Practices of Islamic Law 10.i. Deen 10.i.a. Purposes of Deen 10.i.b. Principles (Maxims) of Deen 10.ii. Mazhab 10.iii. Millah 10.iv. Shariah 10.v. Minhaj Nusk 10.vii. Shariah Law 10.viii. Shariah and Law 10.ix. Shariah Based Law 10.x. Muhammadan Law 10. xi. Muslim Personal Law 10.xii. Muslim Law

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8 Syllabus: MUSLIM LAW 1. Contemporary Development of Muslim Law 2. Muslim Personal Law: 1. Marriage 2. Dower 3. Divorce 4. Khula 5. Polygamy 6. Maintenance. 7. Child Custody 8. Guardianship 9. Succession 10. Will 11. Iddat 12. Paternity: Legitimacy & Acknowledgement 13. Guardianship of Person and Property 14. Gift 15. Wakf 16. Marzul – Maut 17. Pre – emption 18. Administration of Estate of deceased 19. Inheritance Inheritance – General Rules Hanfi & Shia Law of Inheritance Study of Selected Sections of the Enactments in Some Muslim Countries, such as: The Dissolution of Muslim Marriages, The Muslim Family Laws, Muslim Personal Law ( Shariat ) Application Acts, The Guardian and Wards Act, The Child Marriage Restraint Act, Marriage and Divorce (Registration) Act, Dowry Prohibition Act, Family Court Laws . 3. Muslim Family Laws ( Enactments ) 3.i. Marriage : 3.ii. Dower (Mahr) 3.iii. Dissolution of Marriage, 3.iv. Repudiation (Talaq) by husband: 3.v . Dissolution of marriage by wife:

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9 4. Human Rights: – Rights of God ( Huqooqallah ): Individual and Public Rights for greater good – Rights of human beings ( Huqooqal – ibaad ) 5. Broader Principles of Human Rights and Fundamental Rights 6. Universalization: Da’wah (in vitation) Inter – Faith Rights of Religious Minorities Rights of non – Muslims 7. 8. Terrorism 9. Jihad 10 Torts and Crimes (chastise ment) Hadd: (measure, limit) Hudood ( plural ): Hudoodallah: Qisas : punishment by similar hurt Diyat : specified compensation payable to heirs of victim 11. Doctrine and Process of Siyasah 12. Constitutional and Administrative Laws 13 Commercial Laws 13.i. Principles of Economic System 13.ii . Riba (unlawful advantage by way of excess or deferment); 13.iii. Islamic Banking 13.iv. Features of Islamic Trading 13.v. Principles of Financial Dealings and Distribution Of Wealth 14. International Law: – Islamic law of nations; treaties, concept of just war: – Relations between Muslims and Non – Muslims 15. Islamization Gradual Unfolding of Legal System of Islam – Case of Liquor

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10 C ourse Material /Brief Points : ISLAMIC JURISPRUDENCE 1. Short Introductions: 1.i. Pre – Islamic Arabia – social and economic conditions, – beliefs and customs, – Istis – hab – Stare Decisis — its influence on Islamic law: Arab society was tribal. Customary law of property, contract, inheritance, and obligations . Elementary forms of land tenure. Elementary legal system mostly through arbiters ( hakam). Islam reformed some pre – Islamic customs and adapted them to internal consistency of the Quranic and the Prophetic sanction. Stare Decisis ( Latin): Let the decision stand, abide or adhere to decided cases, the policy of courts to adhere to principles established in earlier cases. Istis – hab (P RESUMPTION OF C ONTINUITY ) General principles : 1.ii. Five Pillars of Islam: (i) Declaration of Faith ( Shahadah: testify ): There is no god save Allah, Muhammad is the Messenger of Allah”. (ii) Prayer ( Salat ): inculcate and sustain ad – deen as a system , (iii) Poor Welfare Tax ( Zakat: system for enhancing and extending economic welfare, at the base level) (iv) Fasting ( Sawm ): (exercise for fitness and physical capacity ). (v) Pilgrimage ( Hajj ): Hajj ( summit for universalization and integration through wider dialogue and interaction . 1.iii. The Articles of Faith: Allah, the only one Lord, Angels, Books, Prophets,

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11 Resurrection, and the Day of Judgment; Al – Qadar (deterministic regulation, e.g., cause and effect) 1.iv. The Moral Basis of Islamic Law: Enjoin Good and Prohibit Wrong: (7:157) 1.v. The Grundnorm of Islamic Law: The Grundnorm is the doctrine that the legal sovereignty over the entire universe belongs to Almighty Allah alone, and the authority is exercisable by people within the limits prescribed by Him, as a sacred trust. Islam The term Islam means total submission to the Will of Allah. Incomplete or partial `surrenders’ or `submissions’ creates a patch work of contradictions and conflicts, because the numbers of `non – compliances’, in that case, could be any. 1.vii. Political Islam Confusion exists for not differentiating the following: Ummah is sans borders Muslim state has geo – political dimensions, Muslim Community has a locus. Muslim community has inter nal goals that form its subsystems: – protection of Deen, – preservation and protec tion of life, – maintenance of family unit and its values, – development of person ality and intellect, – economic well – being, Though Khilafat had practically ceased to have any sig nificance, jurists, before Ibn Taymiyah, still c lung to its concept, and even after it was demolished by Mongols. Ibn Taymiyah did not “presuppose the existence of a state” and denied that a state as implied in the concept of khilafah had ever been established by the Prophet. He said that the period of the Prophet was nubuwwah; he wielded authority, primarily as Prophet and not as head of state. Supremacy of Shariah could be the principle in khilafat or mulk (state). Imamate (spiritual authority) on the basis of descendence could also never afford a lo ng term alternate. He also rejected concept of rule of clergy . Ibn Taymiah denied concept of khalifat Allah, with divine rights, above Shariah. Idea of universal caliphate was a fiction. He advocated legality of multiplicity of states.. Supremacy of Sharia h means implementation of purposes of Shariah, implying that form of government does not af fect it. Shariah supremacy can itself ensure that justice is maintained and rights of each individual and group are secured through due process of law. rati

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