Undergraduate

Bachelor of Laws (LLB)

Laws modules

Introduction to Islamic law [2660028]

Part I

Introductory: Islamic law in the modern age, influence and extent, importance as a source of law in Malaysia and Pakistan, meaning of Shari’a.
Historical basis: Pre-Islamic Arabia, tribal law. The life of Muhammed and his family and tribe (the Quraysh). The Arrashidun caliphs. The Ummayyads and the Abbasids. The ahl-ra’y and the ahl al-hadith.
The sources of Islamic law: The Quran as a law text. The Sunna of the Prophet. Hadith material. The controversy of authentication (Schacht’s and Coulson’s approach). Subsidiary sources of law: ijma, qiyas, istihsan, istislah, istishab, ra’y.
The development of the schools of law: Sunni versus Shi’i. The Shi’i schools: Ithna Ashari’s, Ismaili’s, Zaydi’s. The Sunni Schools: Hanafi, Maliki, Hanbali, Shafi’i.
The courts and procedure: The Qadi’s court and Islamic rules of procedure and evidence. The oaths and witnesses.
Criminal law: The Hadd offences. The Ta’azir offences. Homicide: the blood feud and blood money. Pakistan’s Huddood Ordinances.
International law: Rules on laws of war, treatment of prisoners, treaty making powers. Dealings with non-Muslims (Dimmi’s).
Civil law: Contracts and tort.

Part II

Family law: Marriage, guardianship, legitimacy, custody, maintenance, dissolution of marriage in traditional and modern law.
Succession.