Comparative Jurisprudence PhD-911 3 Credit Hours
This course will help the student to know: the different Fiqh theories adopted by the main different schools of Fiqh among Ahlu Asunnah wa Al-Jama’a (the followers of Al-Qur’an and the Sunnah) and the main Shea’ schools of Fiqh; how they were founded and formed; the different methods of Ijtihad (come up with Fiqh rules) in different areas that they were not known by the early companions; the reasons for the differences among these schools of Fiqh.
Comparative Jurisprudence PhD-911
Course Syllabus
Class: Begins: October 5th thru December 25th, 2019. 3.00 credits - Fall, 2019
Instructor Information:
Instructor
Dr. Nadia Mohamed
Office hours:Tuesdays & Thursdays 7:00- 9:00 pm. Feel free to call for any questions or concerns.
Email Address:nadia.mohamed@minneapolis.eduI will try to reply within 24 hours.
Office Telephone 763-269-9244
Course Description:
This course is a unique interdisciplinary graduate program leading to PhD. It explores the history, methodologies, and some major debates in the field of comparative Jurisprudence. Unlike the American legal system, which is secular, the Islamic legal system is of a religious nature. Islam is both a religion and a social order. As such, it comprises rules concerning devotional obligations as well as rules regulating civil and commercial relations.Concepts including: Justice, constitutional law; crimes and punishments; marriage, divorce, and child custody; and succession and wills, human rights, poverty and discrimination, protection, banking law and insurance; international law; and minority rights in Islam will be analyzed in light of international human rights standards by divergent views on what it means to ‘compare’ two or more schools.
We will begin by looking at their opinions, Istihsan, Istislah, Maslaha Mursalah Ijma, Ijtihad, and Qiyas etc., perspectives, and examine several enduring topics and analyze current debates, such as gender equity, higher education standardization, and the role of religion in schools. The origins of Islamic law, its sources, and various schools of Islamic jurisprudence will be discussed as an introduction to the course. The course will explore several substantive areas of Islamic law. By engaging in critical discussions of case studies from different Imams, these areas will be examined through a study of various cases where Islamic law has been debated in American courts. The course will also focus on human rights in the Islamic legal tradition and in the contemporary Islamic world.
I hope you will develop an appreciation of the multiplicity of perspectives and practices surrounding the comparative Jurisprudence.
Course Objectives:
Comparative Jurisprudence seeks to assist students in developing skills in the Comparing a relevant Islamic and foreigncurrent debates, which requires students to locate, comprehend, analyze, and interpret primary and secondary legal sources. Students will learn to engage in the comparative study.
On successful completion of this course, students will be able to:
Understand the value of Islamic Comparative jurisprudence.
Explain and compare the four major Imams’ methods and theories.
Reflect on their abilities to effectively undertake work and give Fatwa/Opinion.
Analyze the foundational principles of comparative Jurisprudence, undertake (self-directed) research intermediate, and evaluate legal information.
Explain how some questions are embedded in larger cultural and historical contexts.
Analyze the impact of comparative Jurisprudence from comparative and international perspectives, and in the context of social and cultural diversity.
Analyze the Imams’ philosophical perspectives and apply their theories in a thorough and logical manner in the age of Modernity.
Course Requirements:
All course materials (except for intensive reads) are free and available as PDF files on the class platform
Recommended Books:
Primary and secondary sources of law (Quran, Sunnah, Consensus and Analogy); the process of system-building in Islamic law.
Bidayat al-Mujtahid: The Distinguished Jurist's Primer. Vol#1&2
Articles onAOU There are three other basic technology tools required for this course:
Reliable computer
Reliable broadband Internet connection
Compatible browser
Also, you may feel free to search or use the Scholarly resources the professor posts in Content to help approach and understand the author and what he says and the context.
Comparative Jurisprudence Books:
Establishing the view of the Hanafi Daboussi.
Abbreviated sufficiency for Abdri Shafi'i.
The trick of scholars in the difference of scholars to Abu Bakr Mohammed bin Ahm Shafei.
Bada'i Sanayi for Cassani-Hanafi.
Abstraction of the Hanafi Qadduri.
Controversies of the Behafi Shafi'i.
Means in the differences of issues of Ibn Jumaa Shafi'i.
The beginning of the hardworking of Ibn Rushd al-Maliki.
The container for Mawardi. Locally to Ibn Hazm Al Dhaheri.
The whole sea of ammunition of the doctrine of the leaders of the lands of Ahmed bin Yahya al-Murtada. Brief difference of scientists to Razi.
Ijtihad and Its Significance for Islamic Legal Interpretation, Mich. St. L. Rev. 1443 (2006).
S. Abul A’la Maududi, Islamic Law and Constitution (1992), Chapter 6: First Principles of the Islamic State, p. 202 – 252.
John J. Donohue and John L. Esposito, Islam in Transition: Muslim Perspectives (1982).
Hasan al Banna, The New Renaissance, p. 78 – 83.
Sayyid Qutb, Social Justice in Islam, p. 123 – 128.
Cherif Bassiouni & Gamal M. Badr, The Shari’ah: Sources, Interpretation, and RuleMaking,
Interpretation of the Islamic Text) Basic Concepts The theory of interpretation; Islamic jurisprudence; Islamic schools of law (Hanafi, Maliki, Shaif'i and the Hanbali schools).
Please note that mobile devices (i.e., smart phones, tablets) are not a substitute for a computer. Mobile devices have limited browser capability, which makes some online features inaccessible.
Evaluation:
Five Reflection Essays 100 points each 500 points
Final exam 500 points
Total Points 1000 points
Grade Range:
90% and above.
80% and above
70% and above
60% and above
F- Anything below 60%
The difference between an A and a B will involve more of an evaluation of the quality of your writing. In other words, to earn an A, you need to fulfill the criteria above, plus your work needs to be consistently excellent.
Assignments:
5 -Reflective Essays correspond to 500/1000 points.
These reflective essaysare intended to help you understand the concepts in the readings by asking you to think critically about what you read. Your essay is based on engaging questions usuallyon the main idea discussed inside each Hokm. The questions or the quotes must be placed on the top of your essay.
All Written Assignments need to be double-spaced, 14-inch font, Times New Roman, with 1-inch margins. Your name and assignment number should be single-spaced in the upper right-hand corner of the first page. please use, MLA on date work was created, emphasis on source of facts using footnotes/endnotes; uses “Bibliography”. All assignments MUST be in word document and submitted via the Dropbox on line by the due date listed on the course syllabus.
Assignment# 1 Due Oct,10- 2019- 100 points
The impact of the jurisprudential capacity on the scholarly discourse.
Write 3-page Essay Reflection(double spaced, 1-inch margins, 14-point Times New Roman font) on the first three chapters “The Book of Ablution (Wudu)” The Evidence for Its Obligation, The Acts of Ablution, and the Kinds of Water Used implementation and Purification and explaining the impact of this science on the jurisprudential capacity of the scholar.
Your essay should begin with an argument and substantiate that argument using examples from your readings. You might argue that the Imam / School for a particular issue share certain assumptions about the topic that they disagree on some fundamental aspect of comparative Jurisprudence; or that one article/chapter is stronger than the other(s) for reasons you specify in your essay. The essays should use quotations from your readings carefully because one of the purposes is to demonstrate your understanding of the readings by paraphrasing the Imam’ views. When you do quote from a reading, be sure to cite it properly with MLA format including the author’s last name, date of publication, and page number in parentheses.
Assignment#2. Due Oct 25th. - 100 points
The four great Imams:Write up to 15 pages a brief story of the four great Imams; Abu Hanifah, Malik, Shafi and Ahmad Ibn Hanbal, their lifestyles and their greatest works in Islamic Jurisprudence. Include an analysis of the principals of jurisprudence amongst the Imams.
1-Where was he born?
2-Names, if he had a golden chain.
3-Which country did they come from?
5- Who was his family?
6- His Influence, His teachers.
7- His special merits and His works.
8- How was the end of his life, when, and how did he die?
9- Then compare Abu Hanifa’s period VS Imam Malik, Shafies, and Ahmed Ebn Hanbal.
10-Can a Moqaled give a fatwa based on the four Scholars through a chain of teachers or follow only the Quran and Sunna?
11- What does Islamic Jurisprudence Mean?
12- What does Western Jurisprudence Mean?
Assignment#3. Due Nov 10th. - 100 points
Contemporary Reasoning Issues of (Zakah) Alms and Styles of Islamic Investment- From wall street to Halal Street.
This essay consists of two main sections categories; the general one which studies the social and economic impact of Alms and its role in alleviating poverty. In addition to its impact on development and economic activities, enforcement of Alms rules, administrating alms money and alms institution. study some of the contemporary issues relating Alms. Following are some important issues:
*Alms of wages, salaries, promotions and other types of income.
* Investment of Alms Money.
*The relationship between Alms and state budget and taxes.
* Alms of unlawful money.
*The appearance and hidden included money.
* Alms of public money.
* Alms of corporations and shares and its calculation.
* Alms of investment debts and loans.
* Being growing money as a condition for obliging Alms.
* The expender” in Allah’ cause” and what does it include?
* The expender “who has been recently reconciled”.
Assignment#4. Due Nov 25th. - 100 points
Political Violence, and Islamic Law and International Terrorism.
Black lives matter, Pan Africanism, All lives matter.
The global scope of the contemporary Muslim community (umma). At a time when Muslims live everywhere around the world, creating the biggest umma ever, the “Muslim World” is integrated as never before to global flows from every provenance. Investigate the transnational scale of Muslim religious movements and identities, and the technological and institutional structures which support them. Study how Muslim communities beyond the “Muslim World” practice their faith in multi-faith, Christian, Jewish, Hindu, Buddhist, or secular societies. Assesses the place of Islam in cosmopolitan Western countries. Then discuss the challenge of the universality and the cultural/Religious Legitimacy, Islamic Ambivalence to Political Violence, and Islamic Law and International Terrorism. The concepts of Crime; its definition, types, and its pillar, materially and from Islamic perspective, punishment, its definition, reasons which make it lawful and those which prevent and conceal it, its categories: unalterable punishment (hudud), Equality Law or retribution (Qisas), discretionary numerousness and interrelation of punishments, circumstances which decrees punishment and those which increase it, execution of punishment and reasons of its omission.
Assignment#5. Due Dec 10th. - 100 points
Muslim Women’s Quest for Equality: Between Islamic Law and American Feminism.
Scenario: You were approached by a woman in your local community and she expressed her concerns as follows “Muslim Jurists claim, and all Muslim believe that justice and equality are intrinsic values and cardinal principal in Islam and the Sharia. If this is the case, in a state that claims to be guided by sharia, why are justice and equality not reflected in the laws that regulate the gender relation and the rights of men and women?
Why Islamic Jurisprudential text which define the term of the sharia treat women as second-class citizens and place them under men’s domination?
I realize that there can be no justice for me, as a Muslim woman as long as patriarchy is justified and upheld in the name of Islam, the prevailing interpretation of the Sharia do not reflect the values and principles that I hold to be at the core of my faith”.
I would like you to confront these questions by analyzing a comparative study on Islamic roles that have played in Islamic history and the changing discourse in Muslim communities concerning gender roles. and western jurisprudence on family laws keep in mind the factors informing constructions of gender identities in the Muslim world, the role and legal status of women in Muslim societies and in the west.
Assignment#6. The Final Exam Due Dec 25th. - 500 points
CAPSTONE RESEARCH OR CREATIVE PROJECT.To be announced.
As a capstone assignment, you will create a major 25 pages project to submit at the end of the semester. This project can be a typical research paper or a creative project in a medium of your choice. TBA
- Teacher: Dr. Nadia Mohamed