ISL513 Islamic Family Law and Society (16)

This subject focuses on applying Islamic law to the study of family law and its branches. The perspectives of Sunni legal schools are analysed when covering family law topics, such as the conditions for a valid marriage; dissolution of a marriage; parenting and children; custody and guardianship; and alimony and maintenance. These matters are discussed in conjunction with how they evolved in the contemporary world and within a Western context. Consideration is given to the views of classical and contemporary Muslim scholars regarding how legal rulings are justified and supported with the Quran, Sunnah and jurisprudential (fiqh) literature as well as the social context of their time. Challenges and solutions to contemporary applications of Islamic family law related matters are critically analysed.

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

Prerequisites

ISL411

Subject Relationships

ISL411 Prerequisite subject

Learning Outcomes

Upon successful completion of this subject, students should:
  • be able to critically analyse legal conditions in topics of Islamic family law;
  • be able to demonstrate in-depth understanding of the plurality of thought, customs and application of family law within Muslim societies in the classic era and contemporary world;
  • be able to evaluate the challenges of applying the principles of Islamic family law in statutory legislation;
  • be able to compare and contrast Islamic family law and Australian statutory law in related areas; and
  • be able to demonstrate independent research, organisation, and written and oral communication skills through the presentation of a substantial work.

Syllabus

This subject will cover the following topics:
  • Development and systematisation of Islamic family law
  • Marriage: Pre-conditions, equality, dowry and guardians
  • Legal and ethical considerations of marriage laws in modern society
  • Polygamy, valid, invalid and interfaith marriages
  • Divorce: Dissolution of marriage, arbitration (hakam) and responsibilities
  • Case studies of Muslims in relation to marriage and divorce in Australia
  • Children and the law: Custody, guardianship and maintenance
  • Property settlement and divorce
  • Family planning, abortion and Islamic law

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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