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AHMAD IBRAHIM KULLIYYAH OF LAWS

BACHELOR OF LAWS
COURSE SYNOPSIS

PRIVATE LAW DEPARTMENT

Course Title Law of Contract I – 3 credit hoursÉ


Course Code LAW 1210
Course The course deals with general principles of the law of contract. It
Synopsis includes a study of nature and scope of the law of contracts in the light
of English and Malaysian cases.

Course Title Law of Contract II – 3 credit hours


Course Code LAW 1211
Course Law of Contract II is a continuation of the study of general principles of Law
Synopsis of Contract The law of free consent, the effect of the elements of coercion,
undue influence, misrepresentation, fraud, mistake on consent and the
consequent in validity of the contract, discharge of contracts by performance,
impossibility of performance, remedy of damages for breach of contract is
studied in the light of statutory provisions and the case law of Malaysia, U.K
and other commonwealth countries.

Course Title Law of Torts I – 3 credit hours


Course Code LAW 1510
Course This course deals with the law of civil liability for the wrongful infliction of
Synopsis injury by one person upon another. Investigates the nature, purpose and
scope of civil wrongs and general defenses available against a tortuous action.
The law of negligence is covered in detail and includes topics of current
interest such as medical negligence, contributory negligence, res ipsa loquitor,
nervous shock and economic loss.

Course Title Law of Torts II – 3 credit hours


Course Code LAW 1511
Course The second part starts with the study of remedies, which includes mainly
Synopsis assessment of damages for personal injury, death and property damage.
Examines also the various forms of trespass to person and to property. The
liability of occupiers of premises is investigated in relation to contractual
entrants, invitees, licensees, and trespassers including children
trespassers. Under the heading of trespass to goods, the tort of passing
off is covered in some detail to reflect its importance in the development
of this branch of the law in Malaysia. The protection of reputation of
individuals is covered under the tort of defamation.

Course Title Company Law I – 3 credit hours


Course Code LAW 3210
Course Company Law examines the provisions of the Companies Act 1965. Topics
Synopsis include capital and shares, classes of shares, prospectus, maintenance of
capital, debentures, charges, membership, meetings and enforcement of
corporate rights.

Course Title Company Law II – 3 credit hours


Course Code LAW 3211
Course Company La w II is a conti nuati on of Company La w I covers topi cs on
Synopsis d i r e c t o r s a n d w i n d i n g u p o f c o m p a n i e s . T h i s c o u r s e a l s o investigates the
nature and scope of partnership law and the Partnership Act 1961. Topics
include definition of partnership, formation of partnership, the relation of
partners to one another, the relation of partners to persons dealing with
them, liabilities of partners and dissolution of partnership.

Course Title Equity and Trust 1 – 3 credit hours


Course Code LAW 3710
Course The course provides students the opportunity to understand, discuss and
Synopsis analyze in which the English principles of equity can be reconciled with
the Islamic doctrine of equity and its effect on the Malaysian legal
system.

Course Title Equity and Trust II – 3 credit hours


Course Code LAW 3711
Course The course aims to familiarize students with the various types of trusts. In
Synopsis addition, the course also provides an understanding on the concept of
charity in Shari’ah and Common law.

Course Title Building Contracts – 3 credit hours


Course Code LAW 3238
Course The course covers various areas of law and practice relating to the rights
Synopsis and duties of those involved in building construction. Includes study of
the detailed and elaborate standard forms of building contract,
especially PAM 69 standard form which the Malaysian building industry
commonly uses.

Course Title Alternative Dispute Resolution – 3 credit hours


Course Code LAW 3218
Course The course looks into the alternative method of dispute dissolution in the
Synopsis place of ordinary court's adversarial litigation. It deals with the speed,
flexibility, confidentiality and enforceability possessed by the Alternative
Dispute Resolution (ADR), which includes Arbitration, Mediation,
Conciliation and Negotiation, provides a very good alternative to be
used extensively in Malaysia to settle civil and commercial disputes both
domestic as well as international.

Course Title Banking and Negotiable Instruments –3 credit hours


Course Code LAW 3228
Course This course examines the provision of Malaysia's Banking and Financial
Synopsis Institutions Act and Islamic Banking Act. Topics include fundamentals of
banking, banking secrecy, bank tortuous liability, and statutory
protection of banks.
Course Title Commercial Law – 3 credit hours
Course Code LAW 3248
Course This course provides an in-depth and critical study of three important
Synopsis areas of commercial law - the law relating to the sale of goods, the law
relating to agency and the law relating to hire-purchase agreements. The
relevant statutory provisions and judicial decisions, Malaysian and English
Laws will be compared to those of Commonwealth countries and the
features of Islamic law such as al-bay, al-wakalah and al-ijarah.

Course Title Introduction to Copyright and Design Right – 3 credit hours


Course Code LAW 3258
Course The course deals with the general principles and the principal features of
Synopsis copyright and industrial design law in Malaysia. The scope of the course
includes the nature, existence, subsistence and exercise of such rights in
Malaysia.

Course Title Introduction to Industrial Property Law – 3 credit hours


Course Code LAW 3268
Course The course deals with the general principles of four branches of Industrial
Synopsis Property Laws in Malaysia i.e. trade marks, passing off, patents and
confidential information. The scope of the course includes the nature,
existence, subsistence and exercise of these rights under the statutory
rule and decided cases in Malaysia.

Course Title Corporate Finance Law – 3 credit hours


Course Code LAW 3298
Course The course focuses on the law of corporate finance of a company both
Synopsis private and public companies. It considers the various ways of financing
corporate enterprise, includes corporate borrowing, debt factoring,
factoring agreement, debt securities, leasing, debt subordination,
admission and listing of securities, listing requirements, prospectus, asset
realization and financing from internal resources.

Course Title Corporate Taxation – 3 credit hours


Course Code LAW 3518
Course The course focuses on the law of corporate taxation of a company both
Synopsis private and public companies. It considers the various ways of taxation
on corporate enterprise.

Course Title Introduction to Medical Law and Ethics – 3 credit hours


Course Code LAW 3528
Course The course deals with the legal and ethical principles governing medical
Synopsis issues such as consent to medical negligence, euthanasia, assisted
reproduction, abortion, human cloning and mental health. It is designed
not only to provide students with thorough knowledge of the substantive
medical law but also to enable students to apply legal and ethical
concepts to specific situations that relate to medical practice.

Course Title Civil Procedure I – 3 credit hours


Course Code LAW 4210
Course The course examines procedures for bringing claims in civil courts of
Synopsis Malaysia. Topics include jurisdiction of civil court, parties to civil action,
various types of proceedings, modes and processes for bringing claims,
delivery of processes, defence procedures, consequences of failure to
comply with procedural requirements and pre trial activity.

Course Title Civil Procedure II – 3 credit hours


Course Code LAW 4211
Course This course is a continuation of Civil Procedure I and examines
Synopsis procedures for bringing claims in civil courts of Malaysia. Topics include
steps to preserve the status quo before an action is ready for trial, steps
to prevent an action from being frustrated, pre-trial preparation, trial
procedures, judgment after conclusion of trial and other orders,
enforcement, appeals, and costs.

PUBLIC LAW DEPARTMENT

Course Title Introduction to Law - 3 credit hours


Course Code LAW 1000
Course This course deals with the nature of law, major divisions of law, social
Synopsis functions of law, sources of law, features and structure of the English
Judicial System, Malaysian Legal System, and Islamic Legal System.

Course Title Malaysian Legal System – 3 credit hours


Course Code LAW 1020
Course The course deals with the discussion on legal system in Malaysia. The
Synopsis discussion begins with the concept of legal system in general and
proceeds with Malaysian Legal History in the former Straits Settlements,
Malay States, Sabah & Sarawak. It will next deal with introduction to law
and several issues pertaining to the subject. The discussion on the
sources of law will also introduce the techniques of handling legal
sources. The aim is to familiarize the students with legal sources and how
to apply them.

Course Title Legal Method – 3 credit hours


Course Code LAW 1030
Course The course is structured to encourage learning specific legal skills through
Synopsis the method of ‘learning as doing’. This will achieved by executing a
series of learning tasks specifically designed to target the learning
objectives mentioned above. The course is divided into 3 major parts.
The first part will concentrate on identifying and extracting legal rules
from case law. In this part will be expected to complete tasks that have
been designed to familiarize them to case law, work with cases and use
the cases to support their arguments.
Course Title Compulsory Moots I – 1 credit hour
Course Code LAW 2010
Course This course is designed to complement the Legal Method course. It aims
Synopsis at reinforcing the skills of extracting, reasoning and applying legal rules to
a given problem. This course however, will be concentrating on further
enhancing the research process as well as provide an opportunity for the
students to formulate, structure and communicate their arguments
persuasively. In order to accomplish this, the course has been divided into
two semesters.

Course Title Compulsory Moots II – 1 credit hour


Course Code LAW 2011
Course This course is designed to complement the Compulsory Moots 1 course. It
Synopsis aims at reinforcing the mooting skills acquired in the first Semester.

Course Title Constitutional Law I – 3 credit hours


Course Code LAW 2250
Course Deals with constitutional principles in Malaysia. This paper seeks to
Synopsis introduce the students the foundations of the subject and the
constitutional developments crucial to the drafting of the 1958
Constitution. Students will also be taught about the special features of
the constitutions, which include the position of Islam and the doctrine of
constitutional supremacy.

Course Title Constitutional Law II – 3 credit hours


Course Code LAW 2251
Course This is the continuation of the first part and the students, having
Synopsis understood the foundations and principles of the Malaysian Constitution,
are now in a position to examine the issues and problems pertaining to
the constitution. These includes among others, the topic of Malaysian
federalism, aspects of fundamental liberties as provided for by the
Federal Constitution, the provisions for subversion and emergency,
constitutional amendment, citizenship and constitutional interpretation.

Course Title Criminal Law I – 3 credit hours


Course Code LAW 2310
Course Analyses law of crimes in Malaysia, Singapore, India, Pakistan, England,
Synopsis and other Commonwealth countries. Topics include elements of crime,
mens rea, criminal liability, modes of participation, and attempted
commission of crime.

Course Title Criminal Law II – 3 credit hours


Course Code LAW 2311
Course Continues the examination and analysis of the Law of crimes. Topics
Synopsis include offences against human body, offences against property,
offences relating to documents, offences against public tranquillity, and
offences against public health, safety, convenience, decency and
morals.

Course Title Land Law I – 3 credit hours


Course Code LAW 3110
Course This course discusses the introduction, history and the operation of the
Synopsis Torrens System of title registration in Malaysia. Investigates general
concepts and issues in land law as contained in the National Land Code
1965.

Course Title Land Law II – 3 credit hours


Course Code LAW 3111
Course This course is a continuation of Land Law 1, the course looks into the
Synopsis remaining part of the National Land Code, 1965, and discusses issues
such as restraints on dealings. Investigates legislation dealing with land
matters including laws governing Malay Reservations, Land Acquisition
and Strata Titles. Land ownership in Islam and trends of Islamization of
land law form part of the course.

Course Title Public International Law I – 3 credit hours


Course Code LAW 3910
Course This course is designed as an introduction to Public International Law and
Synopsis It will concentrate on the nature and development of international law,
sources of international law, the relationship between international law
and municipal law, international personality, State territory, State
jurisdiction, and immunity from jurisdiction.

Course Title Public International Law II – 3 credit hours


Course Code LAW 3911
Course This course will concentrate on the specialized topics of public
Synopsis international law, such as international law of the sea, the law of State
responsibility, international human rights law, the law of treaties, the law
of the United Nations, peaceful settlement of international disputes, and
the legal regulation of the use of force.

Course Title Administrative Law – 3 credit hours


Course Code LAW 3118
Course Topics covered under this course include meaning, scope and functions
Synopsis of administrative law; rule of law; separation of powers; subsidiary
legislation and controls over subsidiary legislation; administrative tribunals'
public corporations; and local government. Also deals with classification
of state powers, judicial review of administrative action, proceedings by
and against the government, and remedies against maladministration.

Course Title Consumer Law – 3 credit hours


Course Code LAW 3128
Course This course deals with all relevant principles of consumer protection law.
Synopsis It includes discussion relating to consumer contracts, consumer credit,
product liability, product safety and housing problems. Although the
course will mainly focus on Malaysian Law, references are made to legal
developments in the UK and other Commonwealth jurisdictions. In
addition, Islamic principles on consumer protection are discussed.

Course Title Environmental Law – 3 credit hours


Course Code LAW 3138
Course The objective of the course is to familiarize students with various aspects
Synopsis of the legal control of environmental pollution. It covers the relevant
international law, comprising the treaty law and soft law, and the related
Malaysian legislation and rules/regulations made there under.

Course Title Industrial Relations Law – 3 credit hours


Course Code LAW 3148
Course This course provides in-depth knowledge to the students in labour laws.
Synopsis Course contents include industrial jurisprudence, trade, unions,
recognition of trade unions and collective bargaining, trade disputes,
work stoppages, the Industrial Court, contract of employment,
termination, layoff and retirement benefits, workmen's compensation,
and safety measures.

Course Title Advanced Mooting – 3 credit hours


Course Code LAW 3168
Course The course comprise initially of lectures on topic relevant to mooting:
Synopsis practical legal research; drafting; court decorum and etiquette; and
appellate court procedure. In the second stage, students will undergo
exercises in drafting of memorials i.e. legal arguments set out to a fairly
substantial extent to apprise judges and the opposite side, and as the
basis of oral submissions.In the third and final stage the course will
comprise of mooting sessions where students will orally present their
argument to the moot court, and be assessed on oral presentation and
memorials.

Course Title Planning Law – 3 credit hours


Course Code LAW 3178
Course This course can ideally be divided into three different parts: The first part
Synopsis will be examining the town and country planning laws regulating the land
use planning process in Malaysia; The second part will examine the
environmental laws related to the land use planning process; The third
part will examine the National Land Code 1965 provisions related to the
land use planning process.

Course Title Evidence I – 3 credit hours


Course Code LAW 4110
Course This course deals with topics such as definition, objects, principles, major
Synopsis functions, structure, and kinds of evidence. Also considers facts,
admissions, confessions, statements of persons not called as witnesses,
statements made under special circumstances, court judgments, opinion
evidence, and character evidence
.

Course Title Evidence II – 3 credit hours


Course Code LAW 4111
Course The second part of the course deals with issues in documentary evidence,
Synopsis the parole evidence rule, standard and burden of proof, and the rules as
to presumptions and estoppels. Other topics include an examination of
the law dealing with witnesses and privileges. The course draws heavily
on case law and Evidence Act 1950.

Course Title Criminal Procedure I – 3 credit hours


Course Code LAW 4310
Course This course examines the hierarchy, jurisdiction and powers of the courts
Synopsis of justice in Malaysia, power and mode of arrest by the police, issue of
warrants of arrest, search warrants, summons and other processes to
compel appearances, preventive actions, mid investigation of offences.
Topics also include the powers of the Public Prosecutor in the initiation of
proceedings, preferring charges, transfer of cases and bails.

Course Title Criminal Procedure II – 3 credit hours


Course Code LAW 4311
Course This course examines the procedure for summary trials in the Subordinate
Synopsis and the High Courts and trials in ESCAR. It includes topics regarding
procedures for the prosecution and defence, rights of accused persons
and the duties of the prosecution, defence counsel and the judge. It also
discusses other matters related to the administration of justice such as
habeas corpus, previous acquittals and convictions, sentences by court
and the procedure for appeals and revisions by the High Court.

Course Title Jurisprudence – 4 credit hours


Course Code LAW 4420
Course The course deals with ‘legal theories’ and ‘legal concepts’. These will
Synopsis include the following: nature and scope of jurisprudence and its
relevance in the contemporary world; nature, scope and function of law
as given by various schools of thought. The approach will be both
expository and sensorial. Attempts will be made to determine the
relevance of various legal theories in the modern legal systems. The
concepts of justice, morality and their relationships with law; sources of
law with special reference to judicial precedents; and rights and duties
will also be discussed. Relevant aspects of Islamic jurisprudence,
wherever required, will be discussed.

Course Title Professional Practice I – 3 credit hours


Course Code LAW 4510
Course This is the most important course for those aspiring to be advocates and
Synopsis solicitors or join the judicial and legal service. It is a compulsory course. It
is divided into three parts: (1) Non-contentious subjects covers the main
work done by solicitors: conveyancing, sale and purchase of property
leases, tenancies, charges, real property gains tax, stamping and
solicitors' fees. (2) Contentious subjects: drafting documents for the initial
stages of civil litigation: writ of summons, pleadings, summons in
chambers and affidavits. (3) Professional Practice matters cover topics
which are of common importance to advocates and solicitors. The topics
include: the role of lawyers in the civil and Shari’ah legal system,
structure, objects, discipline of the private legal profession, the role of
judges in the adversarial system, organisation of the Malaysian Bar, etc.

Course Title Professional Practice II – 3 credit hours


Course Code LAW 4511
Course This is a continuation in the second semester of work done under
Synopsis Professional Practice I with some important differences. (1) Non
Contentious Subjects: It deals with work done by solicitors: conveyancing
work: incorporation of companies: formation of firms (partnerships and
sole proprietorships); drafting wills and the creating of Powers of Attorney,
etc. (2) Contentious Subjects: Students are taught to draft documents for
the later stages of civil litigation: interlocutory applications, enforcement
of judgments, etc. (3) Trial Advocacy and Ethics: Lectures are given on
the essentials of trial advocacy in both civil and criminal cases including
ethics followed by practical sessions such as client and witness interviews,
negotiation sessions and mock trials. Students are also taught to write
opinions.
ISLAMIC LAW DEPARTMENT

Course Title Islamic Legal System I (Arabic) – 3 credit hours


Course Code SHA 1310/A
Course Synopsis This course deals with various aspects of Islamic Legal System
including its growth, development and judicial system. Topics
include introduction, characteristics, objectives and divisions of
Shari’ah. Reference to Islamic judicial system in different
periods with methods adopted up to the present. The function
of Fatwa, Islamic Religious Council, Muslim judges, Muslim
counsels as well as non-legal bodies will also be examined. The
course is offered both in English and Arabic.

Course Title Islamic Legal System II (Arabic) – 3 credit hours


Course Code SHA 1311/A
Course Synopsis The second part of the course covers study on the position of
politics in Islam, characteristics of the Islamic state, traditional
and modern Islamic constitutional principles. The course is
offered both in English and Arabic.

Course Title Transactions in Islamic Law I (Arabic) – 3 credit hours


Course Code SHA 1410/A
Course Synopsis This course deals mainly with the formation of contract under
Islamic law. Explores the theory of contract which covers issues of
contract, elements of contract such as offer (al-ijab) and
acceptance (al-qabl), legal capacity of the parties (al-ahliyyah)
subject matters (mahall al-aqd) and consideration. The course is
offered both in English and Arabic.

Course Title Transactions in Islamic Law II (Arabic) – 3 credit hours


Course Code SHA 1411/A
Course Synopsis This course is a continuation from part one. Various types of
contracts under Islamic Law will be discussed in detail. The course
will also deal with the practical application of certain
transactions in both Islamic Bank and the conventional banks
operating Islamic counters. The course is offered both in English
and Arabic.

Course Title Quranic Ayat and Hadith on Law I (Arabic) – 3 credit hours
Course Code SHA 1550A
Course Synopsis This course deals with a survey of Quranic verses and prophetic
traditions (hadith) related to civil conduct (muamalat), with
emphasis on the ways in which they have been interpreted by
Muslim jurists. Introductory remark on the literature of tafsir ayat
al-ahkam and sharh ahadith al-ahkam is consciously dealt with.
Topics include commanding good and forbidding evil,
management of orphans' property, prohibition of riba, debt, and
sale.
Course Title Quranic Ayat and Hadith on Law II (Arabic) – 3 credit hours
Course Code SHA 1561A
Course Synopsis This subject deals with methods used by Islamic jurists in deriving
rules from Quranic text and Hadith basing the discussion on seven
topics from Islamic law of transaction and property, namely
Ju'alah (reward), 'Ariah (goods borrowing and lending), Wadi'ah
(safe custody), Ghasb (Usurpation), Luqatah (found property) ,
Muzaraah, Musaqat (Share Cropping) and Shuf'ah (preemption).
These particular topics have been selected because they are not
taught in any other subjects offered in AIKOL.
This subject will first look into Quranic verses and Hadith related to
the above mentioned topics, followed by asbab nuzul and asbab
wurud, then the jurisprudential issues arising from those verses.
The analyses of these issues will be done through the study of
views and arguments of jurists from Sunni sects.

Course Title Family Law I – 3 credit hours


Course Code LAW 2220
Course Synopsis The course deals with Law of Marriage and Divorce for non-
Muslims as applied in Malaysia

Course Title Family Law II – 3 credit hours


Course Code LAW 2221
Course Synopsis The second part deals with family law relating to Muslims as
administered in Syariah courts in Malaysia. It includes a
discussion of various aspects of marriage and divorce provided
for under the Islamic Family Law (Federal Territories) Act 1984,

Course Title Islamic Criminal Law I (Arabic) – 3 credit hours


Course Code SHA 2510A
Course Synopsis The syllabus aims to provide a clear, succinct, modern statement
of the basic elements of Islamic Criminal Law. The course deals
with a general discussion of criminological thought with special
emphasis on Islamic Criminology.

Course Title Islamic Criminal Law II (Arabic) – 3 credit hours


Course Code SHA 2511A
Course Synopsis This course deals with the elements constituting the crimes of
hudud, qisas and ta'zir and the punishments prescribed for them.
A comparative approach in studying the views of the various
(madhahib) schools of law will be adopted.

Course Title Islamic Criminal Law – 4 credit hours


Course Code SHA 2520
Course Synopsis This course will examine the basic element of Islamic Criminal
law; its nature function, elements, conditions and purposes.
Considerable attention is given to the discussions of the concept
of hudud, qisas and ta c zir crimes and their punishments. Efforts
will be made to relate the subject with relevant Malaysian laws
and cases as well as other Muslim countries eg. Pakistan, Sudan,
Saudi Arabia etc. Contemporary issues relating to the above
concept will be discussed.
Course Title The Law of Succession – 4 credit hours
Course Code SHA 2720
Course Synopsis The course deals with the law of succession applicable to non-
Muslims and Muslims m Malaysia. Part 1 of the course concentrates
on the testate and intestate succession of non-Muslims, which
focuses on the law relating to the execution of a will in
accordance with Wills Act 1959 and on the succession as governed
by Distribution Act 1958.

Part 2 on the other hand, emphasizes on the Muslims' law of


succession. The emphasis is given on the intestate succession
which refers to the rule of faraid. This part deals with various
methods and rectified solutions in Islamic law in administering and
distributing the estate (al-tirkah / al-irth / al-tarikah) to the
respective legal heirs in accordance with their specific
entitlements. A comparative approach in scrutinizing the various
schools of law (mazahib) will be adopted m order to understand
the nature of juristic discourse (ikhtilaf) pertaining to rules
governing succession and their practical impact on particular
cases. The testate succession concentrates on the enforcement
and fulfillment of wasiyyah as one of the estate planning
instruments. Special cases and issues in inheritance such as the
right of missing person and child in the womb are also discussed.

Part 3 is on the administration of estate, which is procedural in


nature Reference is made to Rules of High Court 1980, Probate and
Administration Act 1959 (Act 97), Small Estates (Distribution) Act
1955 (Act 98) and Public Trust Corporation Act 1995.

Course Title Usul al-Fiqh I (Arabic) – 3 credit hours


Course Code SHA 2810A/3410
Course Synopsis The course begins with an introductory discussion of the
definition, scope and history of usul al-fiqh, and an overview of
the binary division of adillah al shar’iyyah into proofs on which
there is general agreement as against those which are subject to
disagreement. The course then concentrates on a fairly
comprehensive study of the primary sources of shari ’ ah, namely
the Holy Qur’an, the Sunnah, Ijma’ and Qiyās.

Course Title Usul al-Fiqh II (Arabic) – 3 credit hours


Course Code SHA 2811A/3411
Course Synopsis This course offers a fairly comprehensive study of the non-
revealed sources of the Shari ’ ah which consist mainly of
rationalist doctrines whose authority and number is a mater of
disagreement between the various school of Islamic law, namely
Istihān, Istislāh, Istishāab, the Fatwa of Companion, ‘ Urf and Sadd
al-dharā’i. Each will be treated in consonance with their
significance and scope. The course ends with a brief but
adequate study of maqāsad al-shari ’ a, that is, the objectives of
Islamic law.
Course Title Usul al Fiqh III (Arabic) - 3 credit hours
Course Code SHA 3810A
Course Synopsis The course examines Al-Hukm al-Shar’I (Rules of Islamic Law). It
discusses the conceptual part of Islamic Law such as Al-Hukm
(Command), Al-Hakim (Lawgiver), Al-Mahkum Fih (Act)
and Al-Mahkum Alayh (Subject). It investigates Jurists views on
these issues and their impacts on Islamic law.

Course Title Usul al Fiqh IV (Arabic) - 3 credit hours


Course Code SHA 3811A
Course Synopsis This course examines the general literal methods of interpretation
practiced by Usuli scholars. It discusses literal methods practiced
by the Hanafi and Shafi’is. The course alos examines other issues
such as Naskh (Abrogation) as well as Maqasid al-Shari’ah
(Purposes of Islamic Law).

Course Title Islamic Law of Property – 3 credit hours


Course Code SHA 3338
Course Synopsis The course examines the Islamic concept of al-mal (property), al-
milkiyyah (ownership); acquisition of ownership and restrictions
thereon. Kinds of al-mal and different modes of acquiring al-
milkiyyah; land tenures and rules regarding ownership and use of
land and minerals. This conceptual examination is followed by a
study of rules, relating to certain specific transfers of property
through al-wasiyyah (bequest), al-waqf (endowment), cal-hibah
(gift) and also covers al-shuf'ah, i.e. the pre-emptive right to
acquire back immovable property from its purchaser in certain
situations.

Course Title Islamic Family Law (Arabic) – 3 credit hours


Course Code SHA 3318A
Course Synopsis This subject is conducted in Arabic and it is elective subject
taught for shari’ah’s students. Students will be exposed with the
Islamic injunction regarding to marriage, divorce, maintenance,
custody and whatever topic that pertain to Islamic Family Law. A
part from that, they also will deal with some allocation of law
(Islamic Family Law) which practices in Malaysia.

Course Title Islamic Legal Maxims – 3 credit hours


Course Code SHA 3348
Course Synopsis This course explores objectives, sources, and development of
Islamic legal maxims. Areas of study consist of two parts. Topics
include ummahat al-qawa'id, ijtihad, and mixture of halal and
haram.

Course Title Islamic Legal Maxims (Arabic) – 3 credit hours


Course Code SHA 3348A
Course Synopsis This course explores objectives, sources, and development of
Islamic legal maxims. Areas of study consist of two parts. Topics
include ummahat al-qawa'id, ijtihad, and mixture of halal and
haram.
Course Title Evidence and Procedure of Shari’ah Court I – 3 credit hours
Course Code SHA 4010
Course Synopsis The main discussion is on the undisputed methods of proof
namely: al-iqrar (confession), al-shahadah (testimony) and al-
yamin (oath). Other topics including al-qarinah (circumstantial
evidence), al-kitabah (documentary) and ra'y al-khabir (expert
opinion) will also be taught. The rules governing the admissibility
and inadmissibility of facts, the concept of burden (onus) and
standard (quantum) of proof will also be highlighted.

Course Title Evidence and Procedure of Shari’ah Court II – 3 credit hours


Course Code SHA 4011
Course Synopsis This course concentrates on the Islamic principles governing
criminal and civil procedures. In the process of upholding justice,
procedural aspect could not be simply ignored. The way of
arresting, searching and questioning the suspect could not be
made without due course of law. The rights of the accused
person need to be protected and observed. In civil matters the
responsibilities of both parties are stressed. The with regard to civil
procedures, the student will be exposed to drafting the off
statement of claims, as well as other important, procedures
governing pleading. Emphasis is also made on process of hearing
and forms of settlement outside court. Reconciliation (Sulh) is
always encouraged. The process of trial which lead to the
passing of judgment, enforcement and appeal will also be
discussed.

Course Title Islamic Law of Banking and Takaful – 3 credit hours


Course Code SHA 4710
Course Synopsis The course examines the concepts and modus operandi of
Islamic banking and financing as currently practised by both
Islamic banks and conventional banks participating in Islamic
Banking System (IBS). It includes discussion on riba, banking
products and various Shari'ah related contracts deployed by the
banks. Legal issues pertaining to Islamic banking in Malaysia,
cases decided by the civil courts and legal documentations on
Islamic banking are inter alia the main highlights of the course

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