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76005 Islamic Law

6cp; distance
Requisite(s): ( 70616 Australian Constitutional Law OR (70110 Introduction to Law AND (76006c Public International Law OR 70108c Public International Law OR 76110c Introduction to Public International Law)))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.

Description

This subject introduces students to Islamic law theory and its practice in the modern world with an emphasis on experience in the Australian legal system. Students develop a framework for analysing substantive areas of Islamic law by first considering its origins and development alongside current issues, such as codification and modernisation. The application of the principles of Islamic law in modern Muslim countries such as Malaysia and Pakistan is considered. Against this background students explore Islamic family and inheritance law including the rules regarding marriage and divorce, custody of children and maintenance, the importance of the extended family, and developments in family planning law. Students consider Islamic commercial, property and banking law together with new developments in these fields, including a model of an Islamic bank. Criminal law and evidence are also explored: the classification of crimes, prescribed and discretionary punishments, and evidence required for conviction. Finally, students critically analyse the implementation of Islamic law in Australia together with the debates and complexities surrounding the formalisation of Shari'ah.


Detailed subject description.

Fee information

Information to assist with determining the applicable fee type can be found at Understanding fees.

Access conditions

Note: The requisite information presented in this subject description covers only academic requisites. Full details of all enforced rules, covering both academic and admission requisites, are available at access conditions and My Student Admin.