ISL511 Usul al-Fiqh: Methodology in Islamic Jurisprudence (8)
CSU Discipline Area: Theology (THEOL)
Duration: One session
Abstract:
This subject addresses the methodology related to Islamic jurisprudence (usul al-fiqh). The development of Islamic Law in the early history of Islam, the emergence of ijtihad (Islamic legal interpretation), together with the revealed and non-revealed sources of law and methodology of usul al-fiqh will also be addressed. In addition, the four primary sources of law as well as other supplementary sources of law used in the practice of ijtihad (independent legal deduction) will also be discussed.
+ Subject Availability Modes and Locations
No offerings have been identified for this subject in 2013.Continuing students should consult the SAL for current offering details prior to contacting their course coordinator: ISL511
Where differences exist between the handbook and the SAL, the SAL should be taken as containing the correct subject offering details.
Enrolment restrictions:
Master of Islamic Studies
Objectives:
Upon successful completion of this subject, students should:
- be able to demonstrate an in-depth understanding of the development of Islamic legal theory (usul al-fiqh)
- be able to discuss critically the primary and supplementary sources of Islamic law
- be able to show an in-depth understanding of the methodology of Islamic law making
- be able to analyse critically arguments and propositions used in Islamic legal rulings (fatwa)
- be able to critically apply the methodology of Islamic jurisprudence
Syllabus:
The subject will cover the following topics:
- History of Islamic law and emergence of legal schools
- Ijtihad (Independent legal deduction)
- The first source of law - the Qur'an
- The second source of law - Sunnah
- The third source of law - Qiyas (Analogical Reasoning)
- The fourth source of law - Ijma (Consensus of Community)
- Istihsan (Equity in Islam)
- Istislah (Considerations of Public Interest)
- Istishab (Presumption of Continuity)
- Urf (Customs)
- Sadd al-Dhara'i (Blocking the Means to Harm)
Residential School
This subject contains a optional 2 day residential school.
The residential school is optional.
The purpose of the optional residential school is to provide an opportunity for exploration of the overall coursework covered. In addition to content review, this part of the course aims to facilitate an interactive session between the teaching academics and students.
Students will be involved in small group discussion, lectures, visual presentations and one-on-one sessions with the subject coordinator and lecturers to address any issues that may arise. Material and summary content covered in this session will be a valuable contribution towards the major assessment tasks.
Students unable to attend the optional residential school will be provided with an alternate assessment.
The information contained in the 2013 CSU Handbook was accurate at the date of publication: 24 April 2013. The University reserves the right to vary the information at any time without notice.