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Course Unit Title Course Unit Code Type of Course Unit Level of Course Unit Year of Study Semester ECTS Credits
Sociology of Islamic Law ISH104 Elective Doctorate degree 1 Spring 7

Name of Lecturer(s)

Associate Prof. Dr. Hüseyin OKUR

Learning Outcomes of the Course Unit

1) Understanding the Sociological Dimensions of Islamic Law: Students will comprehend the sociological foundations of Islamic law and its interaction with social structures.
2) Analysing the relationship between social change and law: They will gain the ability to analyse the effects of social change processes on Islamic law.
3) Sociological Analysis of Legal Texts: Students will develop the ability to evaluate Islamic legal texts from a sociological perspective and to analyse the social and cultural contexts of these texts.
4) Comparison of various schools of law: Students will acquire the ability to understand the sociological foundations of different Islamic schools of law and the differences between these schools.
5) Research and Critical Thinking: They will gain the ability to critically question the effects of Islamic law on society and to conduct independent research in this field.
6) Evaluating the Role of Law in Cultural and Historical Contexts: Students will develop the ability to evaluate the applications of Islamic law in different cultural and historical periods and the effects of these applications on social structures.
7) Analysing Relations with Political and Economic Structures: Students will gain the ability to understand the relations of Islamic law with political and economic structures and to analyse how these structures have an impact on legal regulations and practices.

Program Competencies-Learning Outcomes Relation

  Program Competencies
1 2 3 4 5 6 7 8 9 10 11
Learning Outcomes
1 High Middle Middle High High High High Middle Middle High High
2 Middle High High High Middle High Middle High High High Middle
3 High Middle High High High High Middle High High Middle High
4 High High High High High High High Middle High High Middle
5 High Middle High Middle High High High High Middle Middle High
6 High Middle High High High Middle High High Middle High High
7 High Middle High High High High High High Middle High High

Mode of Delivery

Face to Face

Prerequisites and Co-Requisites

None

Recommended Optional Programme Components

None

Course Contents

The Sociology of Islamic Law course aims to examine in depth the interaction of Islamic law with social structures, cultural practices and historical periods. The course focuses on how Islamic law has been shaped in different societies and cultures and how these legal systems are integrated with social norms, values and needs. The main topics of the course include: 1. Sociological Foundations of Islamic Law: Basic concepts and theories for understanding Islamic law from a sociological perspective. 2. Islamic Law and Social Change: The effects of Islamic law on historical and contemporary societies, its dynamic relationship with social change. 3. Sects and Cultural Diversity in Islamic Law: The sectarian and cultural diversity of the application of Islamic law in different geographies. 4. Modernisation and Islamic Law: The effects of modernisation processes on Islamic legal systems, the role and adaptation of law in these processes. 5. Gender and Islamic Law: Reflections of gender issues in Islamic law, legal regulations on the rights of women and men. 6. Minority Rights in Islamic Law: The status of religious and ethnic minorities in Islamic law, approaches to minority rights. 7. Islamic Law and Globalisation: The effect of globalisation on Islamic legal systems, interaction with international law. In this course, in addition to theoretical knowledge, comparative analyses will be made through various country examples, and students will gain the necessary knowledge and skills to deal with Islamic law in social and cultural contexts. In-depth discussions and analyses on the topics covered in the course. This course provides students with the opportunity to understand the diversity and richness of Islamic law, as well as to evaluate inter-sectarian interaction and modern practices.

Weekly Schedule

1) Aims and Objectives of Sociology - A general introduction to the basic aims and objectives of the sociology of law.
2) The nature of sociology of Islamic law - Basic relations and concepts between Islamic law and sociology.
3) Social Change and Law - Interactions between society and legal norms.
4) The Effect of Social Change on Legal Developments in Early Islamic Legal Texts - Analyses on historical texts.
5) The effects of social factors on the formation and systematisation of fiqh sects.
6) The influence of faqihs on society - The effects of faqihs on social norms and values and the reciprocity of these effects.
7) The Effect of Society on Religious/Legal Judgements and Social Acceptance of Religious/Legal Decisions
8) Midterm Exam
9) Reasons for the Opposition to the Founding Imam and Social Change - Sociological analysis of the opposition to the founding jurists.
10) The Effect of Social Change on the Change of Imam Shafi'i's Views - Associating the changes in Imam Shafi'i's fiqh views with social factors.
11) The Effect of Social Change on the Differentiation of the Opinions of Abu Hanifa's Students - Sociological foundations of the intellectual differences among Abu Hanifa's students.
12) Studies on the Reasons for the Differentiation of Iraq and Maveraunnehir Hanafism - The effect of geographical and social factors on the differentiation of the Hanafi sect.
13) Effects of Social Structure on Law and Customary Law - Effects of social structures on customary law norms.
14) Customary Law Relationship - In-depth examination of the relationship between custom and formal law and end of term evaluation.
15) Final Examination

Recommended or Required Reading

1- Salih Kumaş, İslam Hukuk Sosyolojisi, Ensar Yay.
2- Vecdi Bilgin, Fakih ve Toplum, İz Yayıncılık
3- Ahmet Yaman, Fıkıh ve Siyaset, İz Yayıncılık.

Planned Learning Activities and Teaching Methods

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


Assessment Methods and Criteria

 

Number

Percentage

Contribution of Quiz to Course Grade

2

40%

Contribution of Final Examination to Course Grade

1

60%

Total

100%

Language of Instruction

Turkish

Work Placement(s)

Not Required