|
Course Description: This course seeks to introduce students to the laws that deal with the social relations under Islam. It examines the socio-legal incidents that were ushered in after the advent of Islam. It will focus on the various sources of Islamic Law and scrutinize the marriage, divorce, legitimacy, and Maintenance Laws in some detail. It will conclude with an examination of the concept of community and family in modern society.
Goals of Course: This course seeks to introduce students to the philosophy and operation of the Muslim Law of social relations. It is intended to examine the various social institutions-Nikah, Mahr, Talaq and Nafaqa within the framework of an Islamic social complex; students will also examine the normative framework of an Ummah ( Islamic Community) and the role that social laws play in enforcing and consolidating the norms, mores and values of the Ummah.
Course Prerequisites: Proficiency in English, or English college level.
Grades: Upon successful completion of this course and its requirements a diploma/ certificate will be issued by Jamaah At-Taqwa to the student.
 |
Introduction to Islamic civilization |
| |
Pre-Islamic Arabia. Arabia after the birth of Prophet Mohammed (pbuh); The revelation of the Quran; Socio-Legal Reformation; Birth of the Islamic State; Salient events in Islamic History. |
|
Source of Islamic Law |
| |
Quran; hadith; Other Sources; Statutory interventions; Fiqh and Sharia |
| |
Schools of Islamic Law |
| |
Sunni and Shia; The imams and schools of Law; Madahibs (Hanafi, Shafei' Hanbali and Maliki) |
|
Law of Nikah ( Marriage) |
| |
Background and History. Definitions & Nature of Muslim marriage. formalities of valid marriage. Legal effects of marriage. Stipulations in contract of marriage; Types of marriages, Prohibitions in marriage; Guardianship & option of puberty; Restitution of conjugal rights, Polygyny in Islam. |
| |
Law of Mahr ( Dower) |
| |
Definition & Nature of Mahr; Kinds of Mahr and conditions of payments; Widows rights to possession in lieu of unpaid dower.. |
|
The Law of Talaq ( Divorce) |
| |
Modes of dissolution of marriage; Husband's unilateral power to divorce; Effects of divorce; Formalities necessary for remarriage; Apostasy & Conversion as grounds for divorce; Iddat--rationale & utility. Dissolution by agreement. |
|
The Law of Legitimacy and Parentage |
| |
Parentage & Legitimacy; Presumption of Legitimacy; Acknowledgment of {aternity; Conditions of Acknowledgment; Effect of acknowledgment. |
|
Law of Guardianship |
| |
Concept of Guardianship in Islam; Appointment of Guardian; Age of majority; Kinds of Guardianship. |
| |
Law of Nafaqa ( Maintenance) |
| |
Nature& Definitions; Persons entitled to maintence; Maintence of Wife, children, parents, other relatives |
|
