Discussions about Islamic law have featured with much frequency in the modern period and such debates have extended to Europe and the US in recent years, at times arousing much controversy. Much of the discourse, however, is misinformed and lacks proper comprehension about the role and nature of Islamic law. While Islamic law or “Sharia” features in the constitutions of many Muslim countries, many Muslims also consider the Sharia as a personal and moral code by which they lead their everyday lives. At the outset, the module will look at the overlap and distinction between law and ethics as applied to the Sharia. The module will look at the history and development of Islamic law providing students the opportunity to examine essential concepts in the study of Islamic law. No understanding of Islamic law is possible without awareness of traditional Islamic law as articulated by the legal “schools” in Islam. The course will then move on to look at how Islamic law is appropriated by the constitutions of different Muslim countries. Toward the end of the course, we will discuss the position of Islamic law outside the Muslim world, looking at the UK as a case study. Key themes that the module will address include the law of personal status, commercial law and criminal law.         

On completion of the module a student will be able to:

• Understand the essential elements of the Islamic legal tradition, both theoretically and how it functions in society. 
• Engage with both primary and secondary sources in Islamic law.
• Appreciate the diversity within the Islamic legal tradition.
• Become acquainted with key areas of discussion and debates in Islamic law.
• Go on to further develop an interest in Islamic law and in other areas related to Islam.

The module will be structured around a series of lectures and seminars. Students will be asked (in pairs or alone depending on student numbers) to prepare at least one oral presentation related to the reading material. The topic will then open up for discussion with the rest of the class. Film demonstrations will also be used to place the reading into a visual context.

Textual analysis through critically reading and analysing translations of primary sources (using Islamic legal texts in this case).

Ability to give oral presentations and work in groups.

Learning about another legal/belief system and relating to different cultural/religious contexts.

Avoiding stereotypes and generalisations in approaching other cultural phenomena.

Coursework: 50%, 1 Essay @ 2,000 words

Written exam 50%, 1.5 hours

Introducing Islamic law * Islamic legal theory * Substantive law * Marriage and divorce * Criminal law * Muftis and Fatwas * Judges and courts * Islamic law in the modern Muslim world * Islamic law in Britain

Essential reading:

K. Vikor, Between God and the Sultan: A History of Islamic Law, Oxford University Press, 2006.

Other introductions:

W. Hallaq, An Introduction to Islamic Law, Cambridge University Press, 2009.

B. Weiss, The Spirit of Islamic law, University of Georgia Press, 1998.

H. Kamali, Shari'ah Law: An Introduction, Oneworld Publications, 2008.

J. Schacht, An Introduction to Islamic Law, Oxford University Press, 1964.

N.J. Coulson, A History of Islamic Law, Edinburgh University Press, 1978.

W. Hallaq, A History of Islamic Legal Theories: an introduction to Sunni usul al-fiqh, 2009.

C. Mallat, Introduction to Middle Eastern Law, 2009.

Weekly readings including text translations and core journal articles (available online) will be provided in the course outline.