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COURSE OUTLINE
Status Specialization
Level Undergraduate
Credit Hours 3
Contact Hours 3
Pre-requisites None
Co-requisites None
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Course Synopsis The content of this course is divided into two major parts: the concept of
fiqh and the history of fiqh. The first part deals with some key concepts,
such as the meaning of fiqh and Shari`ah, their characteristics,
objectives, sources and general rules. The second part deals with the
main features of the historical development of Islamic Legal Thought
from the period of Risalah until our present time. The primary focus in
the first part is on the meaning and concept of fiqh, while the second part
emphasizes its dynamism.
Content Outlines
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1. Shari`ah and Fiqh.
2. Law and Jurisprudence Feisal, 1998, pp. 135-142.
3. Characteristics of Fiqh and Nyazee, 2000, pp. 17-24.
2 Shari`ah. Laldin, 2006, pp. 1-13.
4. Shari`ah and other Laws.
5. Division of Fiqh.
6. Place of Fiqh among other Islamic
Disciplines.
Sources of Fiqh:
1. Textual Sources:
- The Qur´an. Feisal, 1998, pp.52-86.
- Characteristics of Qur´anic Laldin, 2006, pp..55-90.
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legislation.
- Sunnah.
- Its place in Islamic legislation.
2. Ijtihadi sources:
- Ijtihad. Nyazee, 2000, pp. 261-272
- Its Meaning and techniques. Fiesal, 1998, pp.52-86.
5 - Qiyas. Laldin, 2006, pp. 91-103.
- Collective ijtihad.
- Ijma` and other sources.
Legal Maxims:
1. Significance and scope. Feisal, 1998, pp. 96-104.
2. Major sources on legal maxims. Mahmassani, 1991, pp. 149-167.
6 3. Study of five legal maxims. Laldin, 2006, pp. 129-140.
- Matters are determined
according to intention.
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Period of Risalah:
1. Periodization of the history of Fiqh. Qadri, 1986, , pp. 42-50.
2. Pre-Islamic background. Abu Ameenah, 1998, pp.5-9.
8 3. Makkah and Madinah phase. Laldin, 2006, pp. 155- 182.
4. Significance of this period for the
development of fiqh.
Period of Taqlid:
1. Underlying features of this period. Nyazee, 2000, pp. 325-333.
2. Causes and consequences of taqlid. Qadri, 1986, pp. 72-77.
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3. Great jurists of this period. Abu Ameenah, 1988, pp.105-116.
4. Fiqh in Osmani and Mughal States. Laldin, 2006, pp. 215-217.
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References Required:
Recommended:
1. Hassan,, Ahmad, (1970), The Early Development of Islamic Jurisprudence,
Islamabad: Islamic Research Institute,.
2. Ibrahim, Ahmad (1993), The Future of the Shariah and the Shariah Courts
in Malaysia, Journal of Malaysian and Comparative law, vol 20, Kuala
Lumpur : Faculty of Laws, University Malaya
3. Al-Alwani, Taha Jabir (1990), Source Methodology in Islamic
Jurisprudence, Riyad: International Islamic Publishing House and IIIT.
4. Niyazi , Imran Ahsan Khan (1994), Theoris of Islamic Law, Islamabad: IIIT.
5. Faruki A, Kamal (1975), Islamic Jurisprudence, Islamabad: National Book
Foundation, Second Edition.
6. Abd al-Rahim, Muddathir (1996), The Development of Fiqh in the Modern
Muslim World, Journal of IKIM.
7. Wasse, Muhammad l, Islamic Law (1983) Its Application as it was Revealed
in the Qur’an and its Adaptability to Cultural Changes, Hamdard Islamicus.
Karachi: Hamdard Centre, Vol. VI .
8. Gunaya , Muhammad Yusof (1992), Islamic Jurisprudence in the Modern
World, Lahore: Muhammad Ashraf.
9. Fareed, Muneer Goolam (1996), Legal Reform in the Muslim World,
London:Austin and Winfield .
10. Qadri, Anwar Ahmad (1986), Islamic Jurisprudence in the Modern World.
Delhi: Taj Company .
11. Ramadan , Said (1961), Islamic Law, Its Scope and Equity, London..
12. Mahmassani, Subhi (1991), The Philosophy of Jurisprudence in Islam.
Leiden: E.J. Brill.
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13. Najmee,, Syed Abdul Hassan (1989), Islamic Legal Theory and the
Orientalists, Lahore: Institute of Islamic Culture .
14. Syed Hamid Albar (n.d.) The Shariah and the Shariah Court in Malaysia,
Undang-undang Keterangan dan Prosedur di Mahkamah, Kuala Lumpur:
Institut Kefahaman Islam Malaysia .
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Course Assessment Matrix: RKFQ 2062
Programme Outcomes
Outcome 2
Outcome 6
Outcome 7
Outcome 1
Outcome 3
Outcome 4
Outcome 5
Outcome 8
Outcome 9
Course Learning Outcomes
The educational outcomes of the programmes conducted by the Department of Fiqh and Usul al-Fiqh are as follows:
1. Explain the difference and relationship between Fiqh and Usul components of Islamic Law.
2. Distinguish between the primary and secondary sources of Islamic Law.
3. Describe the Usul methodology in deducing the rulings of Fiqh.
4. Distinguish and compare the different views of the jurists (fuqaha’) and choose the prevailing and suitable ones to be applied at present time.
5. Differentiate between the different approaches to deduce the rulings of Fiqh.
6. Identify the priorities and needs of society in deducing the rulings of Fiqh consistent with the objectives of the Shari’ah.
7. Implement the knowledge acquired in order to resolve minor issues of Fiqh.
8. Identify the classical as well as contemporary references and works in Islamic Jurisprudence.
9. Read and comprehend the juristic texts of classical schools.