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Master in Jurisprudence and its Foundations

4/21/2024 12:19:09 AM

 

Imam Malik College for Shari’a and Law

 

The Study Plan

Master in Jurisprudence and its Foundations

 

Objectives, Outcomes and Content of the Academic Program

 

2016


Vision:

 

To be one of the prominent colleges in studying and teaching shari’a and law in a contemporary vision pursuant to today’s demands and labor market needs.

Elements of the vision:

 

-          Introducing courses on current jurisprudence issues

-          Studying the contemporary economic movement in an Islamic and legal perspective

-          Comparing between contemporary legal studies, the Islamic law, and the UAE law.

-          Introducing future academic programs concerned with studying Islamic banks and finance.

-          Offering specialized graduate studies (Master) programs.

 

Mission:

 

Preparing graduates to be leaders in the society and equipping them with skills of creative thinking and specialized scientific research in the fields of Sharia and law in an authentic, flexible, contemporary and innovative manner.

College goals:

 

1.      Offer opportunities for continuous academic study in the fields of Sharia and law for male and female students alike, and contribute in providing regional needs for human cadres in Islamic Sharia and legal sciences, in line with the requirements of the labor market.

2.      Provide the means and capabilities that turn out graduates equipped to work in the areas of Islamic and Civil jurisdiction, Ifta’, barristering, Islamic and legal consultation, jurisprudential and positivist research, preaching, and Islamic economy and business in line with the day’s demands.

3.      Equip advocates including imams, preachers and educators to be righteous role models who contribute to growth of a moderate generation that understands Islam holistically away from extremism and exaggeration, following the approach of wisdom and dialogue to spread Islamic culture.

4.      Prepare female Muslim advocates educated spiritually and intellectually, and give them their chance of acquiring knowledge to play their natural role in community development and educating the younger generation inside and outside the family institution, following


an approach that balances understanding the spirit of Sharia and the law, and realizing the day’s requirements, prospects and challenges.

5.      Provide the opportunity to acquire Islamic sciences in accordance with the approach of our righteous predecessors, which is based on respecting the legislative principles of the four schools, especially the school of Imam Malik bin Anas, away from currents of deviation or ideological extremism.

6.      Provide the opportunity to acquire legal sciences compared with Shariah, and identify their ethical pillars.

7.      Continuous commitment to performance quality and sustainable improvement of education services, systems and structures, in order to turn out competitive graduates in the local and regional labor market.

8.      Encourage scientific research and specialized scientific research, and strive to make the college an advanced center for research in the country. This is reflected in supporting writings and translations related to the accredited specialization, holding conferences, seminars and workshops inside the college, and participating in these activities outside the college.

9.      Develop academic and scientific partnerships through openness to academic and scientific institutions inside and outside the country, communicate with them in order to exchange experience and researches, and cooperate to achieve sustainable academic and scientific development.

10.  Communicate with the society implementing the principle of moderation by promoting a culture of commitment, and contributing to meet the needs of the local community in terms of public awareness.

11.  Give consultations, studies and services related to Sharia and law to government departments and the private sector.

12.  Provide a mechanism for facilitation and accreditation of scholarships.

 

Goals of the Graduate Studies Department:

 

The Department of Graduate Studies at Imam Malik College for Sharia and Law aims to:

 

1-      Graduate cadres concerned with studies of Sharia and law to contribute to comprehensive and sustainable development in the country, and the Arab and Islamic worlds


2-      Expand Sharia and legal research, approve in-depth scientific researches, follow up their implementation, and publish them to provide new and innovative scientific additions

3-      Cope with rapid developments in terms of legislative applications of Sharia and Law

4-      Offer Sharia and legal consultations to public and private institutions to develop the knowledge society

5-      Provide opportunities for distinctive students holding a bachelor’s degree to pursue their higher studies, especially for the graduates of the college

6-      Promote the college’s role as a prominent center for Sharia and law studies, and for human development in the context of these studies

 

 

The intersection of the goals of Graduate Studies Department and the overall goals of the college:

 

Department goals

 

College Goals

 

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Objectives and Outcomes of Jurisprudence Foundations Master Program

 

Objectives

Outcomes

Means of Evaluation

Five fields of learning outcomes in the National Qualifications Framework

The ninth level qualifications

1-To improve the student’s skills of reasoning and jurisprudential inference

1-To infer jurisprudential judgments based on rules of jurisprudence

4,5,6,7,8,10

3-Responsibility

The ability to judge high levels of operations

1-Self- development

The ability to learn continuously

2-To apply jurisprudential rules on emerging issues based on principles of reasoning

4,5,6,7,8,10

3-Responsibility

The ability to judge high levels of operations

1-Self- development

The ability to learn continuously

3-To present jurisprudential rulings with their detailed proofs

1,3,4,8,9,10

4-Skills

Advanced skills in research, analysis and evaluation

5-Knowledge

Comprehensive knowledge, a high degree of specialization, and understanding of new developments

2-To develop the student’s competency to understand the scholars’ approaches in deducing jurisprudential rulings

4-To understand the scholars’ approaches in deducing jurisprudential rulings from their detailed proofs

1,3,8,9

4-Skills

develop new skills and procedures and incorporate gained knowledge using cognitive and creative skills

5-Knowledege

criticism of cognitive issues as a basis for thinking

5-To explain the impact of variety of legislation sources on diversity of jurisprudential schools

1,3,8,9

4-Skills

Advanced skills in research, analysis and evaluation

5-Knowledge

Comprehensive knowledge, a high degree of specialization, and understanding of new developments


 

6-To analyze the effect of foundational and jurisprudential rules on the scholar’s controversy, and assign the debatable issues

1,3,8,9

4-Skills

Advanced problem solving skills to analyze complex issues and find solutions

5-Knowledge

criticism of cognitive issues as a basis for thinking

3-To help the student to enrich the foundational and jurisprudential research regarding the emerging issues

7-To write an advanced critical research on an emerging jurisprudential issue

4,10

3-Responsibility

The ability to judge high levels of operations

1-Self- development

The ability to learn continuously

8-To conduct a thesis on a jurisprudential or foundational subject in depth

4,10

4-Skills

Planning skills to develop and implement a major project applying appropriate research methodologies, and draw sound conclusions

9-To express his\her opinion in issues of jurisprudence, foundations, and regulations of reasoning

3,4,9,10

3-Resposibility

The ability to judge high levels of operations

1-Self- development

The ability to learn continuously

10-To discuss with his\her colleagues emerging issues in Islamic legislation research and application

3,4,9,10

1-Self- development

The ability to learn continuously

2-Interaction

The ability to take responsibility, develop oneself, and participate in work teams

 

 

 

 

Means and Tools of Evaluation

1.Exams

2.The integrative course

3.In-class evaluation

4. Students’ researches

5.Surveys of students

6.Surveys of graduates

7. Labor market surveys

8. Students’ profiles

9. Groups meetings

10.practical performance assessment


A matrix shows the coverage of the study plan courses for the outcomes of the program

 

 

Outcome Numbers

Course Title

1

2

3

4

5

6

7

8

9

10

Methodologies of Jurisprudential and Foundational Research

 

 

 

 

 

 

*

*

 

 

The effect of Jurisprudential and Foundational rules on Scholars disagreement

 

 

 

*

*

*

 

 

 

 

Ijtihad (reasoning)

*

*

 

*

 

 

 

 

*

*

Contemporary Jurisprudential issues

 

 

*

 

 

 

*

 

 

*

Theories of Jurisprudence (the contract theory)

 

 

*

 

 

 

*

 

 

 

The scholars’ Methods of Inference

 

 

 

*

*

*

 

 

 

 

Principles of Disagreement and Preponderance

 

 

 

*

*

*

 

 

*

 

Takhreej of Branches on Foundations

 

 

 

*

*

*

 

 

*

 

The purposes of Islamic Legislation

 

 

 

 

*

*

 

 

 

 

Subjects of Revocation in Islamic Legislation

 

 

*

 

 

 

 

 

 

 

Foundational Studies in English

 

 

*

 

 

 

 

 

 

 

Contemporary Ways to Examine Evidence

*

 

*

 

 

 

 

 

 

 

Islamic Politics

*

*

*

 

 

 

 

 

 

 

General Theories of Islamic Economy

 

 

*

 

 

 

*

 

 

 

Rulings of Waqf in Islamic Jurisprudence

*

 

*

 

 

 

*

 

 

 

Marriage Dissolution and its effects

*

 

*

 

 

 

 

 

 

 

Jurisprudential Studies in English

 

 

*

 

 

 

 

 

 

 

Thesis

 

*

 

 

 

 

 

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Outline, Courses and Study Plan of the Master Program Graduation Requirements

First: The requirements and the credit hours of the Master Program in jurisprudence and its foundations

 

 

Compulsory

Elective

Total

Courses

15

9

24

Thesis defense

9

-

9

Total of C.H

24

0

33

 

Codes used to number the courses:

 

Codes used to number the courses: The first number on the left side indicates the Master's level (5). The second number indicates the program (1) for jurisprudence and fundamentals, (3) for private law, (4) for public law. The third number indicates the level. The fourth number indicates the semester. The fifth and sixth numbers indicates the field of the course. The seventh number indicates the course sequence in one semester.

Codes used for credit hours: The code (1:1-1) means the credit hours of the course are (1), each theoretical hour is followed by a practical hour. The code (2: 2-1) means that the credit hours of the course are (2), each two theoretical hours are followed by a practical hour. The code (3:2-2) means that the credit hours of the course are (3), each two theoretical hours are followed by two practical hours

A pre-requisite means the student cannot be enrolled in a course listed in the same box unless s\he passes the pre-requisite course related to it.


Study Plan and Courses details

 

1-1 Master in Jurisprudence and its foundations

 

A-Core Requirements

 

Course No.

Course Title

Prerequisite

C.H

Time of the course

Level

Semester

5111131

Methodologies of Jurisprudential and Foundational Research

-

3:2-2

First

First

5111102

The effect of Jurisprudential and Foundational Rules on the Scholar’s Disagreement

-

3

First

First

5111113

Ijtihad

-

3

First

First

5112101

Contemporary Jurisprudential Issues

-

3

First

Second

5112122

Jurisprudential Theories- the Contract theory

-

3

First

Second

Total of Credit Hours

15

 

B-Elective Requirements (foundations of jurisprudence) (the student shall choose 9 credit hours out of 18 hours)

 

Course No.

Course Title

Prerequisite

C.H

Time of the course

Level

Semester

5111122

The scholars’ Methods of Inference

-

3

First

First

5111106

Principles of Disagreement and Preponderance

-

3

First

First

5111116

Takhreej of Branches on Foundations

-

3

First

Second

5112124

Purposes of the Islamic Legislation

-

3

First

Second

5112115

Subjects of Revocation in Islamic Legislation

-

3

First

Second

5112146

Foundational Studies in English

-

3

First

Second

Total of Credit Hours

9

 


C-Elective Requirements (Jurisprudence) (the student shall choose 9 credit hours out of 18 hours)

 

Course No.

Course Title

Prerequisite

C.H

Time of the course

Level

Semester

5111124

Contemporary Methods to Examine Evidence

-

3

First

First

5111121

Rules of Islamic Politics

-

3

First

First

5111125

General Theories of Islamic Economy

-

3

First

Second

5112124

Provisions of Waqf in Islamic Jurisprudence

-

3

First

Second

5112125

Marriage Dissolution and its Effects

-

3

First

Second

5112157

Jurisprudential Studies in English

-

3

First

Second

Total of Credit Hours

9

 

D-5121139 Thesis Defense 9 Credit Hours

1-2 Supplementary Courses for Students of the Jurisprudence and its Fundamentals Program who do not have an adequate BA

 

Course No.

Course Title

Prerequisite

C.H

Time of the course

Level

Semester

2110306

Introduction to Islamic Legislation

-

3

First

First

2110104

Jurisprudence of Worships (1)

2110306

3

First

First

2120104

Jurisprudence of Worships (2)

2110104

3

First

Second

2120406

Foundations of Jurisprudence (1)

2110306

3

First

First

2210407

Foundations of Jurisprudence (2)

2120406

3

First

Second

2310101

Jurisprudence of Family (1)

2120104

3

First

First

2320101

Jurisprudence of Family (2)

2310101

3

First

Second

2320203

Jurisprudence of Transactions

2110306

3

First

First

2410201

Contemporary Financial Transactions (1)

2320203

3

First

First

2410402

Foundations of Jurisprudence (3)

2210407

3

First

Second

2420201

Comparative Criminal Jurisprudence

2110306

3

First

Second

2420203

Contemporary Financial Transactions (2)

2410201

3

First

Second

2120609

Science of Hadith and Takhreej

-

3

First

Second

Total of Credit Hours

39

 


1-5 Objectives and Outcomes of the Courses Master in Jurisprudence and its Foundations

Means and Tools of Evaluation

1-Exams

2-Inclass Assessment

3-Scientific Researches

4-The student’s profile

5-Groups’ meeting

6-Practical Performance

 

 

Course

Objectives

Outcomes

Means of Evaluation

Methodologies of Jurisprudential and Foundational Research

1-To introduce the student to the scholars’ methodologies in writing and inference, in addition to their various skills

1-To clarify features of the jurisprudential and foundational methodologies, and the differences between them

1.2.5

2-To discuss jurisprudential and foundational issues to correct, examine and develop his\her knowledge

2.3.4.6

3-To compare between methods of the formers, their writings and manuscripts as sources for research

2.3.6

2-To equip the student with skills required to conduct researches in Jurisprudence and Foundations

4-To order his\her thoughts scientifically to draw good conclusions

3.4

5-To apply methodologies of jurisprudence to infer provisions or prove them

3.4.6

6-To conduct a research following a particular methodology

3.6

The effect of jurisprudential and Foundational Rules on Scholars’ Disagreement

1-To present the effect of differences in jurisprudential and foundational rules on scholars’ disagreement

1-To explain the general reasons of scholars’ controversy

1.2.5

2-To distinguish between the jurisprudential and foundational rules and their role in inferring provisions

1.2.3

3-To investigate debatable issues of jurisprudence

1.2.3

2-To improve the student’s skills through relating branches to their

4-To identify the most important foundational rules related to vocabulary signification, the debatable rules and the differences resulted in branches

1.2.3


 

foundations and methods of inferring provisions

5-To explain rules related to command and prohibitions, consensus and analogy

1.2.3

6-To conduct a research demonstrating the relation of a branch to its foundation regarding a jurisprudential issue

3.6

Ijtihad

(Reasoning)

1-To provide the student with advanced concepts about ijtihad and its fields

1-To explain provisions, regulations and areas of ijtihad, in addition to individual and collective ijtihad

1.2.3

2-To realize the need for ijtihad, and when it is permissible or not

1.2.5

3-To criticize old and new suspicions on ijtihad

1.2.3

2-To equip the student with skills of ijtihad through applications on old and contemporary jurisprudence of emerging issues

4-To compare between earlier and later ijtihad of scholars in inferring rulings for emerging issues

3.4.6

5-To apply ruling inference on an emerging issue

3.4.6

6-To conduct a research on one of the subjects of ijtihad

3.6

Contemporary Jurisprudential Issues

1-To broaden the student’s knowledge of jurisprudence in contemporary financial and economic issues

1-To explain forms and features of transactions in contemporary financial and economic institutions

1.2.5

2-To distinguish between valid and invalid contracts based on Islamic legislation

1.2.3

3-To set the contracts according to their jurisprudential limits

2.3.4.6

2-To enable the student to examine contemporary medical issues in light of Islamic jurisprudence

4-To analyze contemporary medical issues according to medicine and jurisprudence

4.6

5-To compare between the medical and jurisprudential views to these issues

2.3.4

6-To answer inquiries related to rulings of contemporary medical issues

3.4.5.6

Purposes of Islamic legislation

1-To improve the student’s competency to study the

1-To distinguish between purpose or worship based rulings, and the role of purposes in formulating the

1.2.3


 

purposes of Islamic legislation in depth

comprehensive roles of Islamic legislation

 

2-To analyze methods of formulating the purpose rules through understanding the reason of various rulings

1.2.3

2-To relate the purposes of Islamic legislation to various issues in our life

3-To apply the rules of purposes to emerging issues

1.2.3

4-To answer inquiries and analyze provisions guided by the rules of purposes

3.4.5.6

Jurisprudential Theories

The contract theory

1-To provide the student with provisions and characteristics of contracts in accordance with the schools of jurisprudence and the law

1-To compare the contract theories between jurisprudential schools and the law

1.2.3

2-To demonstrate types, forms, purposes, and categories of contracts

3.4.5

2-To enhance the student’s practical skills through applications

3-To apply jurisprudential rules on emerging contracts through understanding the impact of changing conditions, the intents and vocabulary meanings

3.6

4-To conduct a research on an emerging contract

3.4.6

The scholars’ Methods of Inference

1-To introduce the scholars’ methods of inferring rulings

1-To explain the scholars’ methods of ruling inference

1.2.3

2-To discuss the best approach through being acquainted with approaches of various scholars and philosophers of Hadith and theology

1.2.3

3-To determine when ijtihad is permitted and when it is not

1.2.3

2-To enhance the student’s competency through understanding the approaches of various Islamic scholars and philosophers to ruling inference

4-To investigate imitation, fabrication and permission pursuit

1.2.3.4

5-To follow the scholars’ approaches to infer provisions for contemporary issues

4.6

6-To conduct a research on a jurisprudential issue and investigate its debatable provisions

3.6


Contemporary Methods to Examine Evidence

1-To introduce the provisions of proofs in Islamic jurisprudence compared to the law

1-To clarify provisions of proof in jurisprudence compared to the law

1.2.5

2-To apply methods of proof examination in jurisprudence to contemporary issues

1.2.3

2-To boost the student’s skills of defense before the judiciary

3-To apply methods of proof examination on various issues and infer provisions

2.3.4.6

4-To use the proper methods of proof examination before the moot courts

2.4.6

General Theories of Islamic Economy

1-To understand the main principles of the Islamic economic theory

1-To demonstrate the concept of Islamic economy, its theories, and its relation to other sciences

1.2.3

2-To compare between the Islamic theory and other theories of economy

1.2.3

3-To describe the main parts of the Islamic theory of economy

1.2.3

2-To enable the student to realize the importance of the Islamic economic theory and its distinctions

4-To clarify the features of the Islamic economic theory and its role in development

1.2.3

5-To conduct a comparative research on an element of the Islamic economic theory

3.6

Takhreej of Branches on Foundations

1-To introduce the methods of inferring provisions based on the foundational rules and conditions of takhreej

1-To explain reasons of the scholars’ disagreement when takhreej is done according to various schools

1.2.5

2-To deduce rulings for branches by relating them to their foundations

1.2.3

3-To demonstrate the relation between the foundational rules and jurisprudential branches

1.2.3

2-To improve the student’s competency to infer rulings for emerging issues by relating them to their foundations

4-To categorize jurisprudential issues based on their foundations

1.2.3

5-To show his\her skills in provision inference and preference

1.2.3.4.6

6-To conduct a research on a needed ruling following the required approach

3.6


Provisions of Waqf in Islamic Jurisprudence

1-To equip the student with provisions of waqf in Islamic jurisprudence and legal rulings

1-To compare subjects of waqf between the schools of jurisprudence and the law

1.2.3

2-To clarify types of waqf, conditions of each type, and their caretakers

1.2.3.5

2-To improve the student’s skills in discussing and analyzing actual issues

3-To analyze cases of waqf

substitution, invalidity, sale and others

1.2.3.4.6

4-To identify conditions on people who give waqf

3.4.6

5-To distinguish between waqf and public money, and describe their relation to each other, and regulations of waqf termination

1.2.3.4

Marriage Dissolution and its Effects

1-To introduce the importance of understanding provisions of marriage dissolution

1-To demonstrate limits of marriage dissolution, methods of inferring its provisions, its established rulings in the UAE law of personal status

1.2.5

2-To relate rulings of the UAE law of personal status to schools of Islamic jurisprudence

1.2.3.4

2-To relate provisions of marriage dissolution to reality

3-To connect the legislative texts with their actual applications regarding marriage dissolution

1.2.3.6

4- To compare between law and Islamic jurisprudence in light of cultures and family norms prevailing in societies

1.2.3

5-To solve family issues in accordance with Islamic jurisprudence, the law and the spirit of the time

3.4.6

Jurisprudential and Foundational Studies in English

1-To introduce terminologies of jurisprudence and foundations in English

1-To express in English the meaning of terminologies intended by the scholars

1.2.5

2-To collect the scattered terminologies in consistent jurisprudential texts

2.3.4.6

2- To improve the student’s competency in studying English texts on jurisprudence and foundations

3-To express in English the knowledge s\he gained

1.2.5

4-To analyze English texts on jurisprudence and foundations

1.2.3.4.6


Subjects of Revocation in Islamic legislation

1-To introduce revocation, its forms, proofs, and the scholars’ opinions

1-To define revocation and present its proofs

1.2.3.5

2-To explain the forms of revocation and the limits of each one

1.2.3.5

3-To discuss the scholars’ opinions in proofs and negations of revocation

1.2.3

2-To enable the student to distinguish between revocation and customization, and investigate their conditions

4-To distinguish between revocation and customization

1.2.4.6

5-To identify conditions and types of revocation

3.4.6

6-To analyze limits of revocation permissibility

3.4.6

Rules of Islamic Politics

1-To present the Islamic politics, its regulations and domain

1-To explain the Islamic politics, its limits and domain

1.2.3

2-To analyze applications on Islamic politics, and its relation to the ruler of Muslims

1.2.5

2-To enable the student to perceive mechanisms of the relation between people and their ruler

3-To understand people obedience to their ruler and the ruler’s responsibilities toward them

1.2.3.4

4-To identify the necessary qualities of the ruler

1.2.3.4

5-To compare rules of the Muslims’ relation with others in Islamic legislation and the international law

1.2.3.4

Principles of Disagreement and Preponderance

1-To introduce forms of disagreement and methods of preponderance

1-To identify the foundational rules for disagreement and preponderance

1.2.5

2-To distinguish between disagreement and contradiction, and their elements

1.2.5

3-To discuss foundation scholars’ methods of disagreement and preponderance, and their impact on judgment

1.2.3

2-To employ concepts of disagreement and preponderance in clarifying

1-To demonstrate the approaches of Maliki, Shafi’i, and Hanafi schools to disagreement, in addition to their similarities and differences

1.2.3


 

the inclusiveness of Islamic legislation

2-To express his\her opinion about the scholars’ views on preponderance between two definite proofs

1.2.3

3-To conduct a research on a jurisprudential issue that includes disagreement demonstrating methods of resolving it

3.6


1-6 Objectives and Outcomes of the Supplementary Courses

 

Course

Objectives

Outcomes

Jurisprudence of Worships

1- To introduce Jurisprudence of purification, praying, alms, fasting, and Haj and its practical application

2- To acquaint the student with terminology of jurisprudential schools, and study subjects of worships in accordance with their principles

3- To introduce methodology of jurisprudential schools in deducing rulings from proofs and to perform worships properly

4- To study what is written in the past objectively, and make it understandable to the student’s mentality today

1- To understand the principles of worships jurisprudence, and the importance of purification, prayers, and alms in our life.

2- To know the possibility of investing alms for the benefit of the poor based on rules of Maliki and Shafi’i schools

3- To explain the importance of fasting in social solidarity, and thinking about people in need

4- To explain the importance of Haj in making things easier for people based on Maliki jurisprudence

5- To perform the worships mentioned above duly

6- To clarify the flexibility of Maliki and Shafi’i schools through presenting latest modifications in purification and praying

7- To apply rulings of purification in conservation of water recourses in the country, and avoiding water extravagant for cleanliness

8- To be aware of the importance of purification jurisprudence in preserving the environment

9-   To distinguish between pillars of praying

10-  To be qualified to give people fatwa on provisions of praying, cleanliness alms, fasting and Haj

11-   To conduct a research on one of the course topics

Jurisprudence of Family

1- To provide the student with rulings of personal status, wills and inheritance in accordance with the four schools of jurisprudence compared with personal status law

2- To enable the student to realize social and psychological value of the family and its effects on behavior of individuals and the community

3-   To connect rulings of personal status with today’s realities to solve family issues

1- To identify rulings of personal status in Islamic jurisprudence and the law, and the jurisprudence followed in UAE law of personal status

2- To compare between rulings of personal status in Islamic jurisprudence and the law

3- To answer inquiries and refute suspicions properly

4- To explain how both Islamic and legal systems deal with personal status, in matters of their roles and effects

5- To be able to refute suspicions about the inheritance system in Islam

6- To understand rulings of inheritance enacted in the personal status law of UAE

7-   To explain rulings of inheritance jurisprudence comparatively


 

4- To clarify inheritance legitimacy and its importance in social life

5- To clarify wills legitimacy and its importance in maintaining public interests

8- To solve issues related to inheritance and wills in accordance with Islamic jurisprudence and the law

9- To benefit from field visits to specialized courts and family reconciliation offices

10-  To conduct a research on one of the personal status issues

Jurisprudence of Transactions

1- To introduce principles and philosophy of financial transactions in Maliki and Shafi’i jurisprudence

2- To provide the student with rulings of financial transactions based on Maliki and Shafi’i jurisprudence

3- To enable the student to solve contemporary issues of transactions in accordance with Maliki Shafi’i jurisprudence

1- To understand the relation between financial transactions in Islam and moral and social values

2- To understand rulings of transactions, documentation, donation and participation contracts, in accordance with Shafi’i and Maliki schools

3- To present rulings of transactions and documentation based on scholars’ work in deducing them from detailed evidence

4- To explain how to refer emerging contracts to previous similar contracts based on rules of Maliki school

5- To answer inquires on issues related to transactions, donation and participation contracts, and their related rulings in accordance with Maliki and Shafi’i schools

6- To study donation and participation contracts based on works of scholars in deducing rulings from detailed evidence

7- To go back to jurisprudence references to know rulings of transactions and documentation by himself\herself

8- To conduct studies on one of course topics

Criminal jurisprudence

1- To provide the student with rulings of the criminal jurisprudence according to various jurisprudential schools compared with the Emeriti law

2- To provide the student with skills required to understands legal and jurisprudential texts

3- To improve the student’s skills to analyze current issues and infer rulings

1- To distinguish between Islamic legislative penalties including: ordinances, retaliation or discretion and what is applied in criminal law of UAE

2- To realize the importance of Islamic penalty system in achieving social, psychological, and political safety

3- To analyze criminal issues comparatively between Islamic jurisprudence and the law

4- To deduce provisions for criminal incidents in accordance with Islamic legislation and the law

5- To analyze criminal incidents scientifically

6- To conduct a research on one of the course’s topics in Islamic jurisprudence and the law comparatively


Introduction to Islamic Legislation

1- To introduce Islamic legislation characteristics, history and recourses

2- To introduce the Islamic legislation schools and their contributions

1- To explain the importance of legislation, features of legislation and jurisprudence, the relation of Islamic legislation to the law and other legislations.

2- To identify the sources of Islamic legislation, and distinguish between them

3- To analyze the historical stages of Islamic legislation and the features of each stage

4- To explain the current status of Islamic jurisprudence and its contemporary challenges

5- To identify the current scientific efforts to codify the Islamic jurisprudence and its contribution to enrich the Arab and international legislations

6- To understand the interpretive mindsets of the fours scholars and the circumstances of each school emergence

7- To conduct a research on any of the course topics

Foundations of Jurisprudence 1

1- To introduce this science and clarifies its relation to other sciences of Shari’a

2- To provide the student with conditions of jurisprudence and its applications

3- To train the student on methodological thinking in dealing with obligatory rules

1- To define this science, its legitimacy, regulations and sources

2- To distinguish between science of foundations and science of legislation, and to know that the first is the basis for the second

3- To explain the concept of ruling and its jurisprudential applications

4- To identify the types of rulings, and the methods of assigning each one

5- To apply legislative rulings on responsible people correctly in a way that achieves purposes of Islamic legislation

6- To be able to deal with obligatory rules methodologically

7- To conduct a research on any subject related to foundations of jurisprudence

Foundations of Jurisprudence 2

1- To introduce concepts of proof and authentication, in addition to its role in the science Jurisprudence foundations

2- To explain variety of unanimous and debatable proofs and its effect on current issues

1- To explain unanimous and debatable foundational proofs

2-   To distinguish accurately and methodologically between various proofs, and identify which has priority over others in judgment

3- To identify reasons of scholars’ disagreement on relying on some debatable proofs

4-   To use the two types of proofs specially the discretized to find rulings for emerging issues


 

3-To provide the student with skills of inference and deduction using foundational proofs and its contemporary applications.

5- To be able to deal with legislative proofs methodologically

6- To realize the effect of proofs variety on Islamic

legislation flexibility and adaptation to meet the day’s needs

7- To conduct a research in jurisprudence foundations to examine authenticity of proofs of specific issues

Foundations of jurisprudence 3

1- To introduce the purpose of this science and its role in deducing rulings

2- To present issues by which the student learn to examine the linguistic meaning of vocabularies to avoid misjudgment

3- To provide the student with skills of understanding the implication of vocabularies based on their linguistic meaning in Arabic language

1- To explain signification of vocabularies

2- To clarify lexical and idiomatic meanings of expressions

3- To distinguish accurately and methodologically between Hanafi school and the others in classifying the meaning of expressions

4- To identify the effect of the lexical meaning on signification

5- To analyze vocabularies of clear and ambiguous meanings

6- To apply semiotics on emerging issues and infer the right ruling

Contemporary Financial Transactions

1- To introduce contemporary emerging financial issues in the field of banking, coins, and the money market and insurance, and clarify the Islamic and legal points of view regarding them

2-   To study conventional financial transactions and transactions abided by Islamic legislation in the context of allowing trade and forbidding usury

3- To provide the student with skills of examining contemporary financial issues, and inferring the Islamic rulings

1- To know the contemporary financial issues and its adaptation to the Islamic legislation

2- To compare between conventional and Islamic banks, and between commercial, cooperative and social insurances, in addition to shares and debentures

3- To Explain what is money, and the difference between conventional and the new types of money, in addition to their related rulings

4- To follow the steps needed to infer legislative rulings of contemporary financial issues

5- To answer inquiries related to contemporary financial issues objectively

6- To conduct a research on one of the contemporary financial topics clarifying the issue, its adaptation with Islamic legislation and the steps needed to infer rulings in accordance with the current situation in UAE

Sciences of Hadith and Takhreej of Hadith

1-To provide the student with evidence of Sunnah authentication, its role, and the history of its documentation throughout the ages

1- To present evidence of Sunnah authentication and stages of its documentation

2- To know the various books of Sunnah from different ages, and their methodologies


 

2- To provide the student with skills of refuting suspicious issues about Sunnah and dealing with contemporary issues related to Hadith

3- To introduce Hadith library, its classifications and methods of using it

4- To introduce resources of Hadith narrators’ biographies

5- To provide the student with skills of studying the chain of narrators to evaluate its truth

3- To mention the reasons of Hadith fabrication, and efforts of scholars in refuting them

4- To be able to refute suspicious issues about Shunnah

5- To show examples of inimitability of the Sunnah in light of the progress of sciences

6- To identify divisions of Hadith library

7- To distinguish between Hadith books and features of each one

8- To use Hadith collections from its books and glossaries methodologically

9- To find Hadith in its books through different ways including the computer, and referring Hadith to its recourse

10-  To identify the recourses of narrators’ biographies, its types and features

11-  To compare between various books of narrators’ biographies in their methodologies of criticizing narrators

12-  To follow methodologies of studying and analyzing the chain of narrators of Hadith

13-  To follow steps of evaluating the truth of Hadith 14-To conduct a research on one of the course’s topics


1-7 Content of the courses First: Requirements of Jurisprudence and its Foundations Program

Course Number

Course Title

C.H

Prerequisite

5111131

Methodologies of Jurisprudential and Foundational Research

3:2-2

-

This course introduces the scientific methods, in addition to the characteristics, regulations, sources of jurisprudential and foundational research. It clarifies methods of formulating the research hypotheses, the writing style, methods of documentation, methods of data collection and the research organization to produce the final version.

5111102

The Effect of Jurisprudential and Foundational Rules on Scholars’ Disagreement

3

-

This course defines the foundational rules and differentiates them from the jurisprudential rules. It introduces the main reasons of the scholars’ disagreement, the approach of hanafya and others to understand signification of vocabularies, and applications on emerging issues. It also covers the difference between rules and controls, the definition of controls, the most important jurisprudential rules (their proofs and applications), the foundational rules regarding vocabularies’ signification to provisions, the debatable rules and their effect on the branches. This course also includes studying the most important books on jurisprudential and foundational rules, their methodologies, in addition to books on jurisprudential controls.

5111113

Ijtihad (Reasoning)

3

-

This course aims to help the student to understand ijtihad, its provisions, controls, and conditions regarding the scholar and the issue. It also covers the ruling of following ijtihad of ahaad, the foundational approaches to ijtihad, the need for ijtihad, its contemporary applications. In this course, the student understands when ijtihad is allowed and when it is not, in addition to some of its applications.

5112101

Contemporary Jurisprudential Issues

3

-

This course covers various issues including forms of contemporary transactions in financial institutions, dangers of investment, construction, operation and transfer contracts, B.O.T system, web marketing, diminishing partnership, rules of transactions at the money market and stock exchange, regulations of banking and electronic commerce, Interest-based borrowing, cerebral coma, ending life of a terminal ill person, conducting medical experiments on humans and animals, anatomy of the human body, organ transplantation and donation, gene therapy and human cloning

5112122

Jurisprudential Theories- The contract theory

3

-

This course studies the contract theory in accordance with Islamic legislation and the law. It deals with the difference between contract and conduct, commitment and promise, in addition to the definition, elements, conditions and categories of contracts (regarding their name, forms, natures, purposes). The course also examines various issues related to contract including its legitimacy, freedom of its implementation, terms of establishment, the effect of natural and acquired eligibility on contracts and conducts, the effect of the conditions associated with the contract, validity of the contract, the provisions and rights of contracts, the effect of emergent conditions on contracts, contract interpretation, and contract termination


5111122

The scholars’ Methods of Inference

3

-

This course firstly defines methodology and Islamic ruling. It is designed to present the proofs used to infer provisions, and methods of inferring definite and ambiguous texts, methodologies of foundationalism (including hanafi, mutakalimeen, and their integrated approach). In this course, the student understands when ijtihad is allowed and when it is not. The course also examines other issues such as imitation, fabrication and permission pursuit, disagreement of the prophet’s companions, approaches of the four the caliphs and some of the prophet’s companions and followers, methodologies of the school of opinion, forms of disagreement between the two schools, and methods of ijtihad according to the four schools.

5111106

Principles of Disagreement and Preponderance

3

-

This emphasis of this course is on the concept of disagreement including the general and specific aspects, the concept of contradiction, and the difference between disagreement and contradiction. It also clarifies the scholars’ views on permissibility of disagreement, its elements, categories, reasons, conditions, regulations, and methods of fundamentalism for refuting disagreement. The course also examines combining and finding compatibility, in addition to the concept of preponderance, its elements, conditions, categories and methods.

5111116

Takhreej of Branches on Foundations

3

-

This course introduces the science of takhreej, its emergence, growth, benefits and its applications on foundations with agreed and debatable proofs. The course also covers takhreej related to actions of almadina people, prohibition of what may lead to committing sins, legislation of the formers, takhreej of branches on foundations in vocabularies signification and inference methods including truth, metaphor, command and prohibition.

5111116

The Purposes of Islamic Legislation

3

-

The general curriculum deals with the history, terminology, specifications, and rules of the purpose theory, in addition to its impact on ijtihad and fatwa.

The specific curriculum covers the categories of the purposes, regulations of their theory, their relation to legislative proofs, methods of investigating their consequences, and their impact on ijtihad.

5112146

Revocation in Islamic Legislation

3

-

The emphasis of this course is on revocation as it includes its definition, proofs, types, conditions and legitimacy. It also examines scholar’s disagreement on revocation, the difference between revocation and customization, and applications on subjects of revocation.

5111124

Contemporary Methods to Examine Evidence

3

-

This course covers the following subjects: types of proofs, the former scholars’ view on using them in verification or negation, the contemporary medical means of verifications, and contemporary forensic evidence such as genetic footprint. The course also clarifies the rulings of contradiction between these contemporary methods, or contradiction between contemporary and conventional methods including testimony, acknowledgement, and writing.

5111125

The General Theory of Islamic Economy

3

-

This course provides the student with an introduction to the Islamic economy and its relation to other economic sciences, and compares the Islamic economic theory with international economic theories including capitalism and socialism. It draws attention to the main divisions of the Islamic economic theory such as replacement theory, production theory, consumption theory, value and money theory, national


income theory and economic development. It also compares between the elements of the Islamic economic theory and the elements of other theories.

5111121

Rules of the Islamic Politics

3

-

This course introduces the Islamic policy, its provisions and controls. It clarifies the relation between people and their ruler, their rights and responsibilities, conditions of the ruler election, obedience to the ruler, regulations of the relation between Muslims and others whether they are individuals, groups or countries.

5112124

Provisions of Waqf in Islamic jurisprudence

3

-

This course is designed to explain the meaning of waqf, its provisions, pillars, conditions, duration and types such as temporary waqf and waqf of utility and money. The course also covers rulings of related issues including waqf cancelation, replacement and sale, using the utility or its profits for the purpose of repair or reconstruction, the right of the state to supervise waqf, borrowing form the profits of waqf, damage or invalidity of waqf, joining waqf to another, waqf of public money, and waqf termination.

5112125

Marriage Dissolution and its Effects

3

-

This course examines provisions of Klul’, divorce, ela’, thehar, oath of condemnation for fornication, lineage, breast-feeding, child custody, financial support, alimony, and the waiting period after divorce. All these issues are studied in Islamic legislation compared with the UAE law of personal status.

5112146

Foundational Studies in English

3

-

This course explains the following terminologies of foundations in English: Islamic rulings (including compulsory, recommended, neutral, reprehensible, and forbidden), the absolute, the restricted, the general, the customized, Qur’an, Sunnah, consensus, and analogy. It also includes studying selected texts form English books on foundations.

5112157

Jurisprudential Studies in English

3

-

This course explains the following terminologies of jurisprudence in English: purification, wodu’, tayamum, ghosl, prayer, almsgiving, pilgrimage, trade, and marriage. The course also includes studying selected texts form English books on Jurisprudence and its foundations.

 

 

 

Second: Supplementary Courses

 

Course No.

Course name

C.H

Prerequisite

2110104

Jurisprudence of worship (1)

3 : 2-2

2110306

synchronized

This course includes the following subjects:

Purification and its subdivisions like purified and defiled things, removing physical impurities, essentials and invalidations of wodu, Ghusl (the full-body ritual purification), Tayammum (dry ritual purification), menstruation and postpartum

Praying and its subdivisions like times of prayers, adan (the call to prayers), prayers required and Sunnah elements, Sajdah of forgetfulness, Supererogatory prayers, sajdah of recitation, congregational prayers, ,


istikharah (asking guidance of God in a particular matter), prayers of the traveler, Friday prayer, fear prayer, Eid prayer, Solar Eclipse and Lunar Eclipse prayers, and funeral prayer

2120104

Jurisprudence of worship (2)

3 : 2-2

2110104

This course includes the following subjects:

Zakat (alms giving) and its subdivisions: amount and type of money on which zakat must be paid, mutual Zakat, methods of giving alms and its distribution, Zakat with debt, Investing zakat alms, the role of zakat in supporting small businesses.

Fasting and its subdivisions: its proof, ruling of astronomical seeing, conditions of fasting, pillars of fasting, its principles and reprehensible actions, re-fasting Ramadan, optional fasting, forbidden days of fasting, fasting rulings for countries of long day, and rulings of I’tikaf (staying in a mosque for a certain number of days for performing worships)

Pilgrimage: its obligatory proof, the difference between fard and wajeb according to Maliki jurisprudence, ruling of performing pilgrimage on behalf of someone, pillars of pilgrimage and conditions of each one, types of Ihram (performing the cleansing rituals and wearing the prescribed attire), chronological times, clarifying spatial times through pictures or video, types of tawaf (going around the Ka’ba), rules of Sa’i (going back and forth between Safa and marwa), standing on Arafa, ending Ihram, supplications of pilgrimage, manifestations of facilitation in pilgrimage of the prophet, rulings of visiting the prophet

2310101

Jurisprudence of Family (1)

3 : 2-2

2120104

This course includes the following:

The importance of family, provisions and effects of pre-marriage engagement, pillars and conditions of marriage. It also discusses various issues related to marriage including women with whom marriage would be illegal in Islam, rights in marriage, the authorized agent of the bride, competency in marriage, rulings of marriage conflicts, polygyny, and the role of the family guidance in solving marriage conflicts to avoid divorce. In addition, this course discusses the definition and types of divorce, rulings of divorce including revocable divorce, witnesses, payments, Khul’, the waiting period after divorce, children rights in addition to comparing all this in the UAE law.

2310101

Jurisprudence of Family (2)

3 : 2-2

2120104

This course includes the following:

The first part is inheritance and it includes the definition, principles, importance and terminologies of the science of inheritance. This part also presents pillars, conditions, reasons, and impediments of inheritance, legacy and its related rights, quota heirs, members of residuary, inclusion and exclusion, estimated inheritance in cases of pregnancy, missing people and adultery.

The second part is wills and it includes the definition, legislation, the reason, types and pillars of the will, in addition to explaining law of personal status for inheritance and wills applied in UAE

2110306

Introduction to Islamic legislation

3

-

This course introduces Islamic legislation, jurisprudence, and characteristics of each one. It clarifies the need for legislation, the relation of Islamic legislation to previous legislations and the law, and the history of Islamic jurisprudence since the age of the prophet. It highlights the efforts made in the service of Islamic Legislation and the challenges it faces these days. It also introduces the jurisprudential schools, its methodologies and terminologies, agreed and disagreed upon sources of Islamic legislation and a brief overview of jurisprudential rulings.


2120406

Foundation of Jurisprudence 1

3 : 2-2

2110306

This course includes the following subjects:

Introducing science of jurisprudence, its goals and its effects, comparing it with other sciences of jurisprudence, jurisprudential rules, purposes, science of foundational rules, clarifying the definition of legislative ruling, categories of legislative ruling, principles of legislative ruling and its subjects, pillars of legislative ruling, issues related to charge and obligation

2210407

Foundations of jurisprudence 2

3 : 2-2

2120406

This course includes the following subjects: Introducing agreed and disagreed upon sources of Islamic legislation, understanding the proof of the Qur’an and its included rulings, the proof of Sunnah and its included rulings, ahad hadith and disagreement on its authenticity, consensus and its categories, analogy and proofs of rejecters and acceptors, definition of I’lla (reason) and its conditions, istihsan (preference for particular judgements) and its proof, definition of maslaha (public interest) and its proof, Urf (custom or knowledge of a community) and its categories, rulings modification according to Urf changes, blocking the means to an expected forbidden thing, definition of istishab (continuity) and its proof, rulings deduced according to the principle of continuity, the prophet companions sayings, actions of people of Madina and opinion of Imam Malik about them, past traditions and disagreement on its validity

2420201

Criminal jurisprudence

3

2110306

This course includes a general study on crimes and penalties and the philosophy adopted by the Islamic criminal legislation, types of crime including: Hudud (limits) crimes, prostitution, apostasy, theft, fornication, drinking alcohol, piracy, in addition to their methods of proof, their penalties and their implementation

Qisas of murder or bodily injury, clarifying its conditions and methods of proof

Diya (financial compensation) and its types including diya for murder or bodily harm Tazir (punishment for offenses at the discretion of the judge), its rulings and regulations Refuting suspicious issues related to punishments in Islam

All this is studied in Islamic jurisprudence compared with the UAE law

2410201

Contemporary Financial Transactions

3

2220105

2220106

This course introduces the emerging jurisprudential issues related to financial transactions, jurisprudence of contemporary financial transactions, its characteristics and foundations of examining issues. It discusses the following topics: Islamic banks, its characteristics and actions, traditional and Islamic bank services such as wire transfer, letter of credit, bank deposits, investing money in Islamic banks, leasing ended with purchase, money markets, shares and debentures, insurance and its types including commercial, cooperative and social, credit cards, traditional and contemporary coins and their related rulings

2410402

Foundations of Jurisprudence 3

3 : 2-2

2210407

This course includes the following subjects:

Introducing semasiology including: derivation, synonymy, homonymy, lexical and figurative parts of speech, *uttered and perceived signification, forms of prevention and command and their related issues, the general and its signification, the private and its signification, contradiction of the general and the


private, specification and abrogation, exception and its conditions, the absolute and restricted, Mojmal (contextual)

2120609

Science Hadith and Takhreej

3

-

This course includes the following subjects:

Introducing Sunnah, its proof, its role in Islamic legislation, writing sunnah in the prophet age and after, the difference between writing and documentation, Sunnah in the age of the four caliphs and the followers, suspicious issues related to sunnah in the age of the prophet’s companions and after, orientalists’ point of view on Sunnah, inimitability of Sunnah, contemporary suspensions about Sunnah and their refuting methodology

The second part of the course covers the following concepts:

Studying principles of hadith authentication, methodologies followed in hadith books classification, methods of authentication, ways of using computer in authentication, sources and references of authentication

Introducing foundations of studying the chain of narrators, books of jarh and ta’dil (accepted and declined narrations), methods of credibility evaluation of narrators, steps of evaluating hadith’s degree of authentication, ways of benefiting from ancient and late narrators’ evaluation, and practical applications

 

الكلمات الدليلية: الشريعة, القانون, الإمام مالك, كلية, دبى, الإمارات , الشريعة والقانون.