Comparative Islamic Law

Mode of Delivery

Face to Face

Prerequisites and Co-Requisites

None

Recommended Optional Programme Components

None

Course Contents

1.Introduction and Basic Concepts: An overview of the basic principles of Islamic law, its sources and the Islamic understanding of law. 2. Fiqh Sects: The basic teachings and differences of interpretation of the Hanafi, Maliki, Shafi'i, and Hanbali sects, as well as other sects such as Jafari. 3. Worship Law: Interdenominational interpretations and practices of worship such as prayer, fasting, pilgrimage and zakat. 4. Family Law: Comparison of the approaches of sects on issues such as marriage, divorce, inheritance and custody. 5. Criminal Law: Differences between sects in criminal law practices such as Hudud, qisas and tazir punishments. 6. Comparative Analysis: Analysing the theoretical and practical consequences of different legal approaches among the sects. 7. Current Issues: How Islamic law is approached by various sects to the problems of the modern world; for example, the effects of banking and finance, human rights, women's rights and technological developments on Islamic law. 8. Comparative Approaches: Comparative analyses between Islamic law and Western legal systems.

Weekly Schedule

1) Introduction and Course Description Aim of the course and general introduction The main features of the schools of Islamic law
2) Reasons for disagreement among Islamic jurists: Origins and effects of disagreement
3) Emergence Processes of Islamic Law Schools: Historical and socio-cultural factors
4) Comparative Law Literature: Basic concepts and sources
5) Comparative Studies on Prayer Worship: Approaches of different schools to the practice of prayer
6) Comparative Studies on Zakat: Legal aspects of zakat and practical differences
7) A Comparative Perspective on Fasting and Hajj Worship: Legal and social dimensions of worship
8) Midterm exam
9) Comparative Approaches on Marriage and Divorce: Comparative analysis of the institution of marriage in Islamic law and other legal systems Marriage contract, conditions and evaluation of pre-marital agreements Approaches of different legal schools on issues such as divorce processes, alimony and custody The effects of social and cultural factors on marriage and divorce law
10) Comparative Approaches Between Sects After Developments in Medicine: The effect of medical innovations on religious law and the approaches of different Islamic sects to these innovations The views of different denominations on issues such as organ transplantation, artificial insemination and genetic modifications Analysing and comparing the differences between sects Jurisprudential solutions to contemporary medical issues in Islamic law
11) Comparative Approaches between Sects in Islamic Criminal Law: Basic principles and objectives of Islamic criminal law Application of criminal law in Hanafi, Maliki, Shafi'i and Hanbali sects Important differences and similarities in criminal law between sects
12) Trial Procedures and Methods in Comparative Law: Judicial procedures in Islamic law: Basic principles and practices Comparison of judicial procedures and methods in different Islamic sects Formalities in litigation processes, evidence presentation and proof methods Sectarian approaches to testimony, oath and other elements of judgement
13) Sectarian Differences in Some Types of Contracts in Islamic Law of Obligations Sectarian approaches in basic contract types such as sale, rent, partnership Analysing sectarian differences reflected in contemporary practices
14) İslam Ceza Hukukunda Zamanaşımı Konusunda Mezheplerin Yaklaşımları Zamanaşımının başlangıç ve bitiş sürelerine ilişkin farklı mezhep görüşleri Çeşitli suç türleri ve zamanaşımının uygulanabilirliği Mezhepler arasında karşılaştırma: Hangi suçlar zamanaşımına tabidir ve değildir?
15) Differences arising from legal methodology Different methodological approaches in Islamic law and their origins The main differences in legal methodology between denominations and the effect of these differences on judicial processes
16) Final exam

Recommended or Required Reading

1- Hayrettin Karaman, Mukayeseli İslam Hukuku I-III, İstanbul 2003.
2- Vehbe Zuhaylî, İslam Fıkhı Ansiklopedisi, İstanbul 1994.
3- Ferhat Koca, Mukayeseliİslam Hukuk Düşüncesinin Temellendirilmesi, Ankara 2002.
4- Ruusül-Mesail Delilleriyle Hanefi ve Şafii Fıkhı, Semerkand Yay. İstanbul, 2023.

Planned Learning Activities and Teaching Methods

1) Lecture
2) Question-Answer
3) Discussion
4) Group Study
5) Brain Storming
6) Case Study
7) Self Study
8) Problem Solving

Assessment Methods and Criteria

Contribution of Midterm Examination to Course Grade	40%
Contribution of Final Examination to Course Grade	60%
Total	100%

Language of Instruction

Turkish

Work Placement(s)

Not Required