76005 Islamic Law
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Subject handbook information prior to 2017 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ( 70616 Australian Constitutional Law OR (70110 Introduction to Law AND (76006c Public International Law OR 70108c Public International Law)))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Description
The aim of this subject is to provide an introduction to Islamic law in theory and its practice as implemented in the modern world. Topics covered include:
- jurisprudence – studies the origins and development of Islamic law, current issues such as codification and modernisation, and application of these principles in modern Muslim countries such as Malaysia and Pakistan
- family law and inheritance – examines the rules regarding marriage and divorce, custody of children and maintenance, the importance of the extended family, and developments in family planning law
- commercial, property and banking law – explores new developments in these fields and looks at the model of an Islamic bank. Intellectual Property law is also considered.
- criminal law and evidence – probes the classification of crimes, prescribed and discretionary punishments and evidence required for conviction, and Islamic law in Australia; considers the debates and complexities surrounding the formalisation of shari'ah (Islamic law) in Australia.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | demonstrate a coherent knowledge of Islamic law, its origins and historical development, the cultural context within which it has developed and is applied in the Muslim world today |
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| 2. | use appropriate research techniques to acquire, distil and utilise legal information |
| 3. | construct a research proposal critically analysing research materials using criteria related to the aims of the inquiry |
| 4. | execute a major research essay using appropriate structure expression, grammar, spelling and referencing |
| 5. | demonstrate the ability to construct a logical, reasoned and persuasive argument, creative analysis and advanced critical thinking in individual assessment tasks and collaborative group discussion |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes:
- Legal Knowledge
A coherent understanding of fundamental areas of legal knowledge including the Australian legal system, social justice, cultural and international contexts and the principles and values of ethical practice. (1.0) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively including an ability to identify and articulate legal issues, apply reasoning and research, engage in critical analysis and make reasoned choices. (3.0) - Research skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (4.0) - Communication and Collaboration
Effective and appropriate communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately. (5.0)
Teaching and learning strategies
Strategy 1 This subject is delivered online. Study guides direct students’ weekly reading and note preparation as well as publishing weekly discussion questions. Students are expected to engage in self directed student learning and to seek and receive feedback as required.
Strategy 2 Online quizzes allow students to monitor their learning.
Strategy 3 Student-lecturer & student-student interaction & discussion via UTS Online Discussion Board allows questions to be asked & answered & reference made to new materials as the class progresses. Student participation on the Discussion Board is a requirement.
Subject delivery:
This subject will be delivered online. By contributing to the online discussion of issues arising from the set topics and sharing their individual research students will create a community of practice for learning about Islamic law.
Content (topics)
- Introduction, Perceptions of foreign legal systems, Orientalism & reverse Orientalism.
- Understanding Islam – basic teachings, history & culture
- Islamic jurisprudence
- Islamic laws of war & peace, jihad in theory and practice; laws relating to treatment of minorities in the Islamic state
- Gender issues in Islamic law
- Laws relating to marriage & family life
- Divorce, child custody & guardianship
- Care of the elderly, inheritance and waqf
- Islamic commercial law
- Islamic banking law
- Criminal law; Islamic courts in practice
- Evidence in Islamic law
- Muslim minorities in Western countries
Assessment
Assessment task 1: Online class participation
| Intent: | Online participation encourages critical engagement with the materials in each topic and the consideration of different view points. Students are expected to contribute to discussion on a regular basis throughout the semester, with at least one or two postings on each topic. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 5 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0 |
| Weight: | 20% |
| Length: | 200 words each week |
| Criteria: | Participation in online discussion will involve a systematic exploration and analysis of key concepts, issues, and debates surrounding the topic each week. Students will be required to make one or two postings each week which will be based on reading materials and the lecture. The postings must be analytical and reflective in nature. |
Assessment task 2: Research Proposal
| Intent: | Completing this assessment task ensures that you begin to consider your Research essay at an early stage and receive feedback on your proposed question and approach. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 3 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 4.0 |
| Weight: | 20% |
| Length: | 1,000 Words |
| Criteria: | Please see instructions for this task under the Assessment tab on UTSOnline for details of assessment criteria. |
Assessment task 3: Research Essay
| Intent: | The Research Essay allows students to research a particular area or aspect of Islamic law. This will help students to develop a clear understanding of this aspect of law and relate it to broader aims and functions of Islamic law in society. Students will also have the opportunity to broaden their knowledge of, and engage with, a variety of issues surrounding Islamic law. Furthermore, the knowledge gained about Islamic law and Muslim conditions and institutions in the West and the relationship between Islam and the West will assist students grapple with complex concepts, issues, and debates through wide reading and thorough research. The task also aims to refine students’ knowledge and skills in academic writing and demonstrate analytical and critical thinking, and the ability to develop original argument. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 4.0 |
| Weight: | 50% |
| Length: | 3500 words |
| Criteria: | Please see instructions for this task under the Assessment tab on UTSOnline for details of assessment criteria. |
Assessment task 4: Research Presentation
| Intent: | This assessment task allows students to share their research outcomes with their peers and in this way contribute to a community of practice. |
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| Objective(s): | This task addresses the following subject learning objectives: 2 and 5 This task contributes specifically to the development of the following graduate attributes: 3.0 and 5.0 |
| Weight: | 10% |
| Length: | 1,000 words (notional) |
Required texts
Hussain, J. (2011). Islam: Its Law and Society, 3rd ed. Sydney: Federation Press.
Recommended texts
A comprehensive Reading List for each topic is available under the Course Documents tab on UTS Online.
