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.

No offerings have been identified for this subject in 2022.

Where differences exist between the Handbook and the SAL, the SAL should be taken as containing the correct subject offering details.

Subject Information

Grading System

HD/FL

Duration

One session

School

Centre for Islamic Studies and Civilisation

Enrolment Restrictions

Master of Islamic Studies (Articulated Set)

Assumed Knowledge

The principles of Islamic jurisprudence.

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.

Syllabus

This 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

Indicative Assessment

The following table summarises the assessment tasks for the online offering of ISL413 in Session 2 2021. Please note this is a guide only. Assessment tasks are regularly updated and can also differ to suit the mode of study (online or on campus).

Item Number
Title
Value %
1
Presentation
20
2
Essay
40
3
Attendance and participation
10
4
Online exam
30

The information contained in the CSU Handbook was accurate at the date of publication: June 2022. The University reserves the right to vary the information at any time without notice.

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