Kocaeli University / European Credit Transfer System (ECTS)

Name of Lecturer(s)

Prof. Dr. Ayhan HİRA
Prof. Dr. Abdullah KAHRAMAN
Associate Prof. Dr. Abdulmuid AYKUL
Associate Prof. Dr. Ahmet EKŞİ
Associate Prof. Dr. Hüseyin OKUR
Assistant Prof. Dr. Abdurrahman BULUT

Learning Outcomes of the Course Unit
Program Competencies-Learning Outcomes Relation

Learning Outcomes of the Course Unit

1) To understand characteristic of the method of Islamic law and its functions comparing to Islamic law;
2) To explain fundemental and secondary sources of judgement of the method of Islamic law
3) To understand the methods to derive judgement from the method of Islamic law
4) To get knowledge about making solutions to current islamic law problems from point of datas of the method of Islamic law
5) To learn the “Shari”s aim (makasıdü'ş-Şârî)

Program Competencies-Learning Outcomes Relation

Bölümün/programın program yeterlilikleri sistemde olmadığından ilişkilendirme işlemi yapılamamıştır.

Mode of Delivery

e-course

Prerequisites and Co-Requisites

None

Recommended Optional Programme Components

None

Course Contents

Sources and Rulings of Islamic Law Sources of Islamic law and their significance Concepts of ruling, judge, and precedent (nas) Methods of deducing rulings and legal reasoning Assaulting Evidence and Remedying Assaults Assaulting evidence and methods to remedy such assaults Reliability and limitations of evidence Resolving contradictions between evidence The Fundamental Objectives of Shariah The fundamental objectives and goals of Shariah Human welfare and its place in Islamic law The role of justice, wisdom, and welfare Ijtihad and Taqlid Concepts of ijtihad and taqlid The importance and scope of ijtihad in Islamic law Following precedent and determining authoritative sources for emulation

Weekly Schedule

1) Definition of “Methodology of Islamic Law”, the birth, to be codified, historical development and the basic literature
2) Sources of Shari'ah judgements: The definition and properties of the Quran. Value of the source of the Qur'an and place among the other sources
3) Definition of Sunnah, types, and value of the source of Sunnah
4) Definition of consensus (Icma) is, the realization conditions, types and source of value
5) Definition of qıyas , value of the source. The basic elements of qıyas and terms. Definition of illah, terms, Methods for determining of illah. The concept of illah and hikmah (wisdom)
6) Maslaha al-mürsele and Istihsan
7) Urf, sedd-i zerâî, shar-u man kablanâ, sahabî kavli and ıstıshab
8) Midterm
9) Hâkim, provision and parts of provision
10) Mahkûm fîh and mahkûm aleyh
11) Deriving legal norms from the sources methods
12) Words used in terms of meaning. Words in terms of clarity and closure to form dalala of meaning. Words in terms of form dalala of meaning
13) Method to remove the conflict of evidence
14) Method to find out the aims of Islamic Law (maqasidu’s-Shari’a)
15) Ijtihad and taqlid
16) Semester final exam

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) Self Study
9) Self Study
10) Self Study
11) Problem Solving
12) Project Based Learning

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

Course Unit Title	Course Unit Code	Type of Course Unit	Level of Course Unit	Year of Study	Semester	ECTS Credits
Methodology of Islamic Law	ILT305	Compulsory	Bachelor's degree	1	Fall	6