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ISL411 Methodology of Islamic Law (Usul al-Fiqh) (8)

Abstract

This subject addresses the methodology related to the principles of 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 Location

Session 1
OnlineUnited Theological College
Continuing students should consult the SAL for current offering details: ISL411
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

A foundational understanding of Islamic juriprudence.

Enrolment restrictions

Master of Islamic Studies (Articulate Set)

Learning Outcomes

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.
  • be able to analyse critically arguments and propositions used in Islamic legal rulings (fatwa).
  • be able to understand and apply critically the general principles 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 the 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)

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The information contained in the 2017 CSU Handbook was accurate at the date of publication: 25 August 2017. The University reserves the right to vary the information at any time without notice.