HSC304 – Demonstrative Jurisprudence 2


Syllabus

The syllabus for this module is based on selections from volume two of Baqir al-Irawani’s Durus Tamhidiyyah fi al-Fiqh al-Istidlali.

  • Transactions (al-Bay‘)
  • Hire (al-Ijārah)
  • Partnership (al-Shirkah)
  • Agricultural Agreement (al-Muẓāra’ah)
  • Irrigation Agreement (al-Musāqāt)
  • Indemnity (al-Ḍimān)
  • Transfer of Debt (al-Ḥawālah) and Personal Guarantee (al-Kafālah)
  • Settlement (al-Ṣulḥ)
  • Agency (al-Wikālah)
  • Silent Partnership (al-Muẓārabah)
  • Loans (al-Qarḍ)
  • Security (al-Rahn)
  • Gifts(al-Hibah)
  • Entrustment (al-Wadī‘ah)
  • Gratuitous Loan (al-‘Āriyah)
  • Marriage (al-Nikaḥ)

Learning Outcomes

Knowledge
On completion of this module, the successful student will be able to:

  • Critically write about key rulings relating to Contracts. (A1, A4, A5)
  • Demonstrate critical analysis of Islamic law and the process of its derivation. (B1, B2, C1, D6)
  • Justify the jurisprudential basis for key rulings relating to Contracts. (A1, A4, B1, B4, B6, C1, C6, D6)

Skills
This module will call for the successful student to:

  • Display an ability to correctly read, compare and contrast selected excerpts on Contracts from a leading Hawza text on Demonstrative Jurisprudence. (B1, B3, C2, C3, C6, D3)

Learning, Teaching and Assessment Strategy

Delivery of this module is in the traditional Hawza style, whereby the teacher carefully reads and explains the core text, and discusses areas of particular complexity in more detail. Students are encouraged to examine the text critically and to engage in the discussions. Furthermore, students are expected to discuss material presented in class in their mubāḥathah (study circle) sessions to enhance understanding and retention.

Assessment Modes
Formative assessment will be by means of discussions, and continuous questioning on the practical and theoretical aspects of the course syllabus.  Revision sessions are arranged that will cover topics in preparation for exams, providing constructive formative feedback to students.  Students may hand in their PowerPoint slides to the lecturer for guidance prior to the 9th learning week. They will also receive formative feedback on their presentations after completing them, and guidance and feedback can be gained from student-led discussion, which will help them improve future performance. Finally, formative feedback is also gained through mubāḥathah, providing an invaluable opportunity for students to consolidate their learning. Unresolved matters or new ideas resulting from mubāḥathah sessions are researched and brought to the attention of the module leader for feedback as part of the formative learning process.
Summative, graded assessment is by presentation and written examination. The presentation will last for 20 minutes and will require students to demonstrate correct reading and comprehension of an excerpt from the core text. (Outcomes  4). The 2 hour written examination will take place at the end of the semester (Outcomes 1, 2, 3).

Assessment Weighting
Written examination: 60%
Presentation, Reading & Comprehension: 40%

Learning Materials

Core readings

  • Al-Irawani, B. (2009). Durus Tamhidiyyah fi al-Fiqh al-Istidlali. Qum: Al-Mustafa International Translation and Publication Centre.

HSC303- Principles of Jurisprudence 2


Syllabus

The syllabus for this module is based on the second half of the first volume of Muhammad Baqir al-Sadr’s AlHalaqat series.

  • Rational Evidence (al-Dalīl al-‘Aqlī)
    • Relationships Existing Between Different Rulings
    • Relationships Existing Between a Ruling and its Subject
    • Relationships Existing Between a Ruling and Those to Whom it Applies
    • Relationships Existing Between a Ruling And its Preliminaries
    • Relationships Existing Within a Single Ruling
  • Derivative Procedure Type 2: Procedural Principles (al-Uṣūl al-‘Amalīyyah)
    • The Fundamental Procedural Principle
    • The Secondary Procedural Principle
    • The Principle of the Accountability of Summary Knowledge (al-‘Ilm al-Ijmālī)
    • The Presumption of Continuity (al-’Istiṣḥāb)
  • Contradiction Between Evidences (Ta‘arruḍ al-’Adillah)
    • Contradiction Between Substantiating Arguments
    • Contradiction Between Procedural Principles
    • Contradiction Between the Two Types of Argument

Learning Outcomes

Knowledge
On completion of this module, the successful student will be able to:

  • Critically write about perspectives on the legal basis for deriving edicts from primary religious sources. (A1-A4)
  • Display critical assessment of the key jurisprudential positions on Islamic rulings. (A2, A5, B1, B4)

Skills
This module will call for the successful student to:

  • Demonstrate effective development of argument and critical communication of ideas concerning the derivation of Islamic law.  (B2, B5, C2, C5, D1, D3)

Learning, Teaching and Assessment Strategy

Delivery of this module is in the traditional Hawza style, whereby the teacher carefully reads and explains the core text, and discusses areas of particular complexity in more detail. Students are encouraged to examine the text critically and to engage in the discussions. Furthermore, students are expected to discuss material presented in class in their mubāḥathah (study circle) sessions to enhance understanding and retention.

Assessment Modes
Formative assessment is through co-ordinated independent study of reading material, followed by discussion in class to supplement topics covered and is an essential element of the programme. As part of the formative learning process each student will meet at least once with the module leader in order to discuss their critical learning for their assessed review. The tutorial will not be assessed but will form part of the formative learning process with constructive feedback given to the student. A draft of the critical review may be submitted for formative assessment before the 10th week. Additionally, revision sessions are arranged that will cover topics in preparation for exams, providing constructive formative feedback to students. Finally, formative feedback is also gained through mubāḥathah, providing an invaluable opportunity for students to consolidate their learning. Unresolved matters or new ideas resulting from mubāḥathah sessions are researched and brought to the attention of the module leader for feedback as part of the formative learning process.
Summative, graded assessment is by critical review and written examination. The critical review will be of 3,000  words and will require students to summarise and evaluate a book, chapter or article that has been written on a topic covered by the module syllabus. (Outcomes 3). The 2 hour written examination will take place at the end of the semester (Outcomes 1, 2).

Assessment Weighting
Critical review: 40%
Written examination: 60%

Learning Materials

Core readings

  • Al-Sadr, M.B., 2003. Principles of Islamic Jurisprudence According to Shi’i Law. Translated from Arabic by A.A. Hussain. London: ICAS Press.
  • Shomali, M.A. (2006). Principles of Jurisprudence – An Introduction of Methodology of Fiqh. The Organization of Abroad Islamic Seminaries and Schools.