76005 Islamic Law
Warning: The information on this page is indicative. The subject outline for a
particular session, location and mode of offering is the authoritative source
of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
Subject handbook information prior to 2025 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
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)) OR (70107c Principles of Company Law AND (94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of 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.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Identify and convey a coherent knowledge of Islamic law, its origins, historical development and cultural context and the major areas of Islamic law; |
|---|---|
| 2. | Analyse the similarities and differences between the common law and Islamic law and evaluate their affect on immigrant communities in Australia; |
| 3. | Demonstrate advanced written communication skills including an ability to assess how messages are received and alter communication strategies accordingly; |
| 4. | Students contribute to a community of practice by presenting informed viewpoints and independent research to their peers; |
| 5. | Apply critical analysis creatively to an approved inquiry and execute a substantial written task articulating the outcomes of the inquiry. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
- Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively, including the ability to:
a. Identify and articulate legal issues in context, including the skill of critical reading and writing;
b. Apply reasoning and research to generate appropriate responses;
c. Engage in critical analysis and make a reasoned choice amongst alternatives; and
d. Think creatively in approaching legal issues and generating appropriate responses. (LAW.3.1) - Research skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (LAW.4.1) - Communication
Effective and appropriate communication skills including:
a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
b. An ability to communicate to inform, analyse, report and persuade;
c. An ability to strategically select an appropriate medium and message;
d. An ability to assess how messages are received and alter communication strategies accordingly; and
e. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.5.1) - Collaboration
Effective and appropriate collaboration skills in working together to achieve a common goal in a group learning environment or the workplace including:
a. An ability to give and receive feedback;
b. Appropriate professional and interpersonal skills in working collaboratively;
c. A capacity to develop strategies to successfully negotiate group challenges; and
d. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.6.1)
Teaching and learning strategies
Strategy 1: Student preparation
Students are required to prepare in order to engage in online discussion. The Learning Guide on Canvas provides subject sources that students should view, listen to or read. Subject sources (online, audio, text, video) are identified for online discussion each week and key questions are offered for reflection and online engagement. Students also undertake significant independent research into a selected research topic.
Students are encouraged to understand key elements of Islamic law and the beginning of the session and to maintain currency with new developments while the subject is in progress. Assistance in understanding context and significance is provided by other students and the teacher. The mix of offline and online engagement aims to broaden the student learning experience and create a community of practice through collaborative exchanges.
Strategy 2: Online participation
Online class discussions provide an opportunity for students to build on their independent study and critically explore, analyse and reflect on a range of relevant issues as well as to develop and evaluate their own understanding and viewpoints. Students respond to discussion questions that are set out in the Learning Guide for each topic including comments and links relating to new developments. Students receive early feedback on their contributions to online discussions from the teacher and peers (see below).
Strategy 3: Presentation of independent research
Students negotiate a research topic and prepare a research proposal outlining their proposed research methodology and essay structure. Students undertake individual research into their selected area of interest and present their findings in a major research essay.
Strategy 4: Feedback
Both formal and informal feedback are provided throughout the session. Feedback comes from a variety of sources including from: peers who respond to a student’s contribution to online discussion Canvas; no-stakes online quizzes; the teacher in response to a student’s assessment or questions; and, personal reflection.
Students have an opportunity to test their understanding of the readings completed in preparation for online discussions by asking questions or contributing their observations. In this way, the teacher will address and explore students’ questions and observations in a group setting, providing feedback on students’ developing understanding.
Individual formal feedback is offered on students’ research proposals and research essays providing an opportunity for students to implement suggestions in subsequent assessment tasks.
Subject delivery: This subject is delivered online. There are no face to face classes.
Content (topics)
- Introduction: perceptions of foreign legal systems, Orientalism & reverse Orientalism.
- Understanding Islam: basic teachings, history and culture
- Islamic jurisprudence
- Islamic laws of war and peace, jihad in theory and practice, laws relating to treatment of minorities in the Islamic state
- Gender issues in Islamic law
- Laws relating to marriage and family life
- Divorce, child custody and guardianship
- Care of the elderly, inheritance and waqf
- Islamic commercial law
- Islamic banking law
- Criminal law, Islamic courts in practice
- Evidence in Islamic law
- Muslim minorities in Western countries
Assessment
Assessment task 1: Online Discussion
| Intent: | Online participation encourages critical engagement with the materials in each topic and the consideration of different viewpoints. Students are expected to contribute to discussion on a regular basis throughout the session, with at least one or two postings on each topic. Islamic Law is a subject that flourishes with the exchange of ideas. By sharing responses to the readings, discussion questions and individual experiences students help to build a community of practice that supports and informs learning in this subject. |
|---|---|
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.3.1, LAW.5.1 and LAW.6.1 |
| Weight: | 25% |
| Length: | Each posting must be approximately 200 words - final assessment is 990 words (see Further information below) |
| Criteria: |
|
Assessment task 2: Research Proposal
| Intent: | The aim of the Research Essay Proposal is for students to identify a question on a topic in this subject that is clear, relevant and has source material of sufficient range and depth, from which an argument can be supported. The question must sufficiently relate to the subject and have a relevant legal/regulatory dimension. Students start work on developing their Research Essay question early in the session by reading generally in the area and considering different possibilities. Completing the Research Essay Proposal will ensure that students begin to consider their Research Essay at an early stage and will also enable timely feedback and guidance on their proposed question and approach. |
|---|---|
| Objective(s): | This task addresses the following subject learning objectives: 1 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.3.1, LAW.4.1, LAW.5.1 and LAW.6.1 |
| Weight: | 20% |
| Length: | 490 Words |
| Criteria: |
|
Assessment task 3: Research Essay
| Intent: | The Research Essay allows students to research a particular area or aspect of Islamic law. Undertaking this task helps students to deepen their knowledge of a particular aspect of Islamic law and its relationship to the aims and functions of Islamic law in society. Wide reading and thorough research will assist students understanding of the complex concepts, issues, and debates regarding Islamic law and Muslim conditions and institutions in the West. This task also aims to refine students’ knowledge and skills in academic writing and demonstrate critical analysis and original argument. |
|---|---|
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.3.1, LAW.4.1, LAW.5.1 and LAW.6.1 |
| Weight: | 55% |
| Length: | 2,500 words |
| Criteria: |
|
Required texts
Jamila Hussain, Islam: Its Law and Society, (Federation Press, 3rd ed, 2011).
Recommended texts
A comprehensive Reading List for each topic is available under the Reading List tab on Canvas.
References
Footnotes and a Bibliography are esential in any form of academic writing. The UTS Law Fdacultry uses AGLC4 referencing which is a requirement for the Research Essay in this subject. Please refer to this link to assist: https://www.lib.uts.edu.au/referencing/aglc
Failure to comply with AGLC4 referencing techniques will result in marks being lost for the Research Essay.
If you have further quieries plese contact the Law librarians.