Islamic Judiciary
Course Description
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13711 Semantics
The following topics, or most of them, will be explored in detail:
Obvious words: the explicit, the text, the interpretable, the coherent.
The implicit words: the hidden, the problematic, the short (mujmal), the words that can imply more than one meaning.
The textual indications: the textual significance, the signal implication, the indication of the text, the indication by logical extension.
An indication by opposite meaning (mafhoum almukhalafah).
The general and specific meanings.
The absolute and restricted meanings
13712 Methods of Proving in Islamic Fiqh
The following topics, or most of them, will be studied extensively, analytically, and by using comparative approach:
Testimony of men, joint testimony by men and women, testimony of women only.
Confession, indications, swear, personal knowledge of the judge, etc
13723 Foundations of Legal Hearings
The following topics, or most of them, will be studied extensively, analytically, and by using comparative approach:
Testimony of men, joint testimony by men and women, testimony of women only.
Confession, indications, swear, personal knowledge of the judge, etc
13735 Wills and Inheritance in Islamic Shai’a
13736 Advanced Studies in Personal Status law
13741 Research Methods in Figh and its Foundations
13799 Thesis Master
13724 Deeds and Documentations
13725 Advanced studies in the Jurisprudence of Financial Transactions
13726 A comparative study in the jurisprudence of penalties
13742 Endowment Provisions in Islamic Law
13743 Religious Policy
Concept of Islamic policy, its sources, conditions, rules, applications with regard to Islamic law, personal status law and penal law.
13751 The Judiciary System in Islam
13752 Independent Opinions and Imitation
The purpose of this course is to study the significance of the ijtihad and fatwa (answers for new jurisprudence developments) at present time. The course will address the following topics:
- Definition of ijtihad, opinion/reasoning, and analogy.
- Relationship of ijtihad with the foundations of jurisprudence.
- Mujtihid (the person who exercises ijtihad), his qualifications and levels.
- Jurisprudence at the present time.
- Actions of Prophet Mohammad on reporting, leadership and judiciary.
- Ijtihad at present: importance, collective ijtihad, jurisprudence forums and conferences.
- Taklied, definition and difference between it and the mere following.
- Talfiq (taking opinions from different schools) and tracking licenses.
- The position of Muslim regarding the Four Imams.
- Fatwa at the present: advisory opinions of contemporary schools between discipline and laxity.
Benefits related to advisory opinions (fatwas) that must be taken into account
13753 Principles of Jurisprudence
13754 Cases and Judgments
The following cases will be studied in depth:
- Cases on the entitlement of inheritance.
- Lawsuit of alimony for wife.
- Lawsuit of custody of children.
- Lawsuit of alimony of relatives.
- Lawsuit of marital obedience.
- Lawsuit of separation as a result of absence or damage.
- Lawsuit of separation as a result of imprisonment.
- Lawsuit of separation as a result of conflict.
- Lawsuit of immediate dower.
- Lawsuit of deferred dower
13755 Objectives of Islamic Shari ‘a
