ISL413 Islamic Family Law and Society (8)


This subject addresses the application of Islamic law to the study of family law and its branches. The perspective of the Hanafi legal school will be considered when covering topics such as; the conditions for a valid marriage; dissolution of marriage; parenting and children; custody and guardianship; and alimony and maintenance. In addition, appropriate legal rulings of other schools will be discussed and critically evaluated. The similarities and differences between Islamic law and Australian statutory legislation relating to family law matters will be considered.

+ Subject Availability Modes and Location

Session 3
DistanceUnited Theological College
Continuing students should consult the SAL for current offering details: ISL413
Where differences exist between the Handbook and the SAL, the SAL should be taken as containing the correct subject offering details.

Subject information

Duration Grading System School:
One sessionHD/FLCentre for Islamic Studies and Civilisation

Assumed Knowledge

The principles of Islamic jurisprudence.

Enrolment restrictions

Master of Islamic Studies (Articulated Set)

Learning Outcomes

Upon successful completion of this subject, students should:
  • be able to explain and analyse critically the requirements for a valid marriage contract in Islamic law.
  • be able to explain and analyse critically the Islamic law on dissolution of marriage.
  • be able to explain and analyse critically Islamic law on custody, guardianship, alimony and maintenance.
  • be able to demonstrate and in-debth understanding of the plurality of thought, custom and application of family law within Muslim societies.
  • be able to discuss and articulate critically the challenges of applying the principles of Islamic family law in statutory legislation.
  • be able to compare and contrast critically Islamic family law and Australian statutory law in related areas.


The subject will cover the following topics:
  • Marriage
  • Dissolution of marriage
  • The rights of children
  • Custody
  • Guardianship
  • Alimony and maintenance
  • Islamic family law in modern times around the Muslim world
  • Differences and similarities between Islamic family law and Australian statuary law in related areas


The information contained in the 2016 CSU Handbook was accurate at the date of publication: 06 September 2016. The University reserves the right to vary the information at any time without notice.