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ISL431

Principles Of Islamic Jurisprudence

  • Arts
  • 400 level
  • 2 credit units
  • 136 pages
  • 14 units

This course introduces the principles of Islamic jurisprudence, providing a comprehensive understanding of *Uṣūlu `l-Fiqh*. It explores the relationship between *Uṣūlu `l-Fiqh* and *Fiqh*, delving into *Al-Ḥukmu `s-Shar-'ī* and juristic divisions of *Sharī'ah* rules. The course also covers *Al-Hukmu `l-wađ'ī*, principles of deriving rules from primary and secondary sources, and miscellaneous sources. Students will gain insights into *Iftā*, *Taqlīd*, *Talfīq*, juristic maxims, and procedures for evidence.

About this course

Difficulty
Intermediate
Study hours
208 hours
Maths
None
Content
Theoretical
Practical work
No
How it is assessed
  • Assignments
  • Tutor marked assessments
  • Final examination

One paragraph, so you can see how it reads

ISL431 · UNIT 1: CONCEPT AND SCOPE OF UṢŪLU `L-FIQH

The Presentation Schedule included in your course materials gives you the important dates for the completion of tutor-marked assignments and attending tutorials. Remember, you are required to submit all your assignment by the due date. You should guard against falling behind in your work.

What you should be able to do

  1. Explain the principles of Islamic jurisprudence.
  2. Analyze the relationship between Uṣūlu `l-Fiqh and Fiqh.
  3. Differentiate between various sources of Sharī'ah.
  4. Apply analogical reasoning in legal problem-solving.
  5. Evaluate the role of Ijtihad in contemporary Islamic law.
  6. Understand the significance of juristic maxims.

What it prepares you for

Careers
  • Legal Advisor
  • Sharia Consultant
  • Islamic Finance Expert
  • Religious Affairs Officer
  • Researcher
Where it is applied
  • Islamic Finance
  • Legal Services
  • Religious Institutions
  • Academia
  • Consulting

Where it gets hard

The units students slow down on, and what makes each one heavy.

  • MODULE 1

    Unit 5: *Al-Hukmu `l-Wađ'ī* (Situational Rule of Law)

    Understanding the situational rule of law requires grasping the concepts of cause, condition, and hindrance, which can be abstract and complex.

  • MODULE 2: SOURCES OF SHAR΄AH

    Unit 3: The *'Aqliyyāt* (Reason): 2. *Qiyās* (Analogy)

    Applying analogical reasoning demands a deep understanding of the sources of Islamic law and the ability to identify relevant similarities between different situations.

A suggested way through it

Suggested

13 weeks, about 26 hours in total. Yours will differ.

  1. Week 1MODULE 1
    • Unit 1: Concept, Scope and Brief Historical Background of of *Uṣūlu `lfiqh*. · 2 hours

      Read the introduction to understand the concept and scope of Uṣūlu `l-fiqh.. Define Uṣūlu `l-fiqh and differentiate its components.. Analyze the historical development and significance of Uṣūlu `l-fiqh..

  2. Week 2MODULE 1
    • Unit 2: *Al-Ḥukmu `s-Shar-'ī (Sharī'ah* Rules of Law) and its Divisions. · 2 hours

      Define Al-Ḥukmu `s-Shar-'ī and explain its divisions.. Discuss the acts of Mukallafīn and their legal implications.. Understand the rules of law set forth by the lawgiver for the actions of the Mukallafīn..

  3. Week 3MODULE 1
    • Unit 3: *Al-Wājib al.Muhaddad and al-Wājib ghayr Muhaddad* · 2 hours

      Differentiate between Al-Wājib al.Muhaddad and al-Wājib ghayr Muhaddad.. Study the implications of restricted and unrestricted obligatory requirements.. Analyze the concept of al-wājib al- mu'ajjal..

  4. Week 4MODULE 1
    • Unit 4: *Al-Ḥarām,* (the Prohibited), *al-Makrūh* (the Repulsive) and *almubāh* (the Permissible) · 2 hours

      Define Al-Ḥarām, al-Makrūh, and al-mubāh and their implications.. Discuss the divisions of al-Haram and al-Makrūh.. Understand the permissible actions and their legal standing..

  5. Week 5MODULE 1
    • Unit 5: *Al-Hukmu `l-Wađ'ī* (Situational Rule of Law) · 2 hours

      Define Al-Hukmu `l-Wađ'ī and its kinds.. Discuss as-Sabab (cause), al-shart (condition), and al-māni' (hindrance).. Understand the concepts of Ṣaħīħ and Bāṭil (valid and invalid)..

  6. Week 6MODULE 1
    • Unit 6: *a`l-'Azīmah* (Strict Law*), a'r-Rukhṣah* (Concession). · 2 hours

      Define a`l-'Azīmah (strict law) and a'r-Rukhṣah (concession).. Highlight the different ways of using the term Rukhṣah.. Substantiate how a rule of a'r-Rukhṣah can change to al-'Azīmah..

  7. Week 7MODULE 2: SOURCES OF SHAR΄AH
    • Unit 1: The *Manqūlāt* (The Revelation)- *Qur'ān* and *Hadīth* · 2 hours

      Define Tawātur and Aḥādī transmission of reports.. Discuss the Qur'ān and its role in Islamic Jurisprudence.. Understand the concept of Tawātur al-Qur'ān..

  8. Week 8MODULE 2: SOURCES OF SHAR΄AH
    • Unit 2: The *'Aqliyyāt* (Reason): 1. *Ij-māu.*(Concensus) · 2 hours

      Define al-Ijmā' and give its basis.. Highlight the divisions of al-Ijmā'.. Expatiate upon application of al-Ijmā' as a source of the Sharī'ah..

  9. Week 9MODULE 2: SOURCES OF SHAR΄AH
    • Unit 3: The *'Aqliyyāt* (Reason): 2. *Qiyās* (Analogy) · 2 hours

      Define Qiyās (Analogy).. Give the variant views on the application of Qiyās as a source of Sharī'ah.. Highlight the conditions governing validity of Qiyās..

  10. Week 10MODULE 2: SOURCES OF SHAR΄AH
    • Unit 4 : The *'Aqliyyāt* (Reason): 3. *Al-Ijtihād* (Exercise of Reasoning) · 2 hours

      Define the term al-Ijtihād.. Enumerate the issues to which al-Ijtihād is not applicable.. Write notes on knowledge and moral qualification of a Mujtahid..

  11. Week 11MODULE 3: MISCELLANEOUS
    • Unit 1: *Istiftā, Taqlīd and Talfīq* · 2 hours

      Define Iftā' and elaborate the Muftī and Mustaftī relation.. Discuss the emergence of Taqlid in Islamic Jurisprudence.. Itemize the characteristics of the period of Taqlīd in Islamic Jurisprudence..

  12. Week 12MODULE 3: MISCELLANEOUS
    • Unit 2: The Miscellaneous Sources · 2 hours

      Clarify Islamic position vis-à-vis prevailing custom and practice within a community.. Discuss the significance of Istihsān in the Islamic Jurisprudence.. Discuss Maşlahah as a principle to be considered in formulating Islamic Jurisprudence..

  13. Week 13MODULE 3: MISCELLANEOUS
    • Unit 3: *Al-Qawā'id al-Fiqhiyyah* (Juristic Maxims) · 2 hours

      Analyse the maxim al-'Urf wa`l-Umūr bi `l-Maqāşid.. Elaborate the jurisprudential maxim al-yaqīn lā yazūl bi `shakk.. Expatiate the jurisprudential maxims: Custum is given consideration and All that are harmful are to be removed..

Preparing for the exam

What to do
  • Create detailed summaries of each unit, focusing on key definitions and principles.
  • Develop case studies applying different jurisprudential rules to real-world scenarios.
  • Practice identifying the 'illah (effective cause) in legal texts to improve analogical reasoning skills.
  • Review and compare the different schools of thought on controversial issues, noting their reasoning.
  • Create concept maps linking the primary sources of Sharī'ah (Qur'an and Sunnah) with secondary sources (Ijma and Qiyas).
  • Focus on understanding the conditions for valid Ijtihad and Qiyas to avoid common errors.
  • Memorize key juristic maxims and practice applying them to different legal situations.
  • Review all Tutor Marked Assignments (TMAs) and focus on areas where you received lower scores.

Questions students ask about this course

What is ISL431 about?

This course introduces the principles of Islamic jurisprudence, providing a comprehensive understanding of *Uṣūlu `l-Fiqh*. It explores the relationship between *Uṣūlu `l-Fiqh* and *Fiqh*, delving into *Al-Ḥukmu `s-Shar-'ī* and juristic divisions of *Sharī'ah* rules. The course also covers *Al-Hukmu `l-wađ'ī*, principles of deriving rules from primary and secondary sources, and miscellaneous sources. Students will gain insights into *Iftā*, *Taqlīd*, *Talfīq*, juristic maxims, and procedures for evidence.

How many units does ISL431 have?

ISL431, Principles Of Islamic Jurisprudence, has 14 units across 3 modules, over 136 pages of course material. You can read it one unit at a time.

How many credit units is ISL431?

ISL431 carries 2 credit units, at 400 level in Arts.

Is ISL431 hard?

ISL431 is rated intermediate level, with no mathematical content. It is mostly theoretical work.

How long does ISL431 take to study?

About 208 hours of study, spread across its 14 units.

How is ISL431 assessed?

ISL431 is assessed by assignments, tutor marked assessments and final examination.

What can I do with ISL431?

Legal Advisor, Sharia Consultant, Islamic Finance Expert, Religious Affairs Officer and Researcher.

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