The course aims to set the formation and development of Islamic Law in an historical context and gives students an understanding of the core sources of Islamic law. The course will illustrate the plurality of thought, custom and application of law within Muslim communities and introduce students to the critical discourse on this subject. The course will examine the institution of marriage in Islam to give students a clear grasp of the requirements for a valid marriage contract in Islamic law and will encourage students to look at the law of marriage from a comparative perspective, look at the influence of customary practice and examine the issues such as polygamy, consent, forced marriage and child marriage.
The course will present an in depth analysis of dissolution of marriage from Islamic perspective by providing students with a sound understanding of the Islamic law on dissolution of marriage and encourage them to engage with wider cultural, sociological and political issues surrounding the dissolution of marriage for Muslims today and introduce them to ideas about how such Qur’anic verses might be codified in modern legal systems.Following on from the discussion regarding marriage and modes of dissolution, the course will take you into an area of Islamic law that regulates the relationship between parents and children, the rights of children to an identity, support and maintenance and the right to inherit from parents.
Drawing upon the concepts and normative framework of the earlier part of the course, the course will analyse the extent to which these principles of Islamic family law find a place in the legislation of contemporary Muslim jurisdictions. It uses examples of law reform from South-Asian Muslim jurisdictions and Gulf Countries.
The course will also discuss the contemporary issues which Muslims face, particularly Muslim living in the Western countries such as in the UK, USA, Canada, South Africa or Muslims living in India. The course attempts to compare civil and Islamic procedures of marriage and divorce and analyses the extent to which the Islamic law could be applied in the western or Non-Muslim countries. The course will also discuss key International conventions and resolutions, Key UK legislations and key Case laws that may have direct impact on Islamic family law.
The course will present Islamic guidelines for solicitors, judges, and those who are engaged in this profession. Read more