Islamic Law : A Structural And Historical Analysis

 An Overview of Islamic Law: History, Structure, and Main Topics
With Sh Farid Dingle
Day and Time: Thursdays at 7PM
In this eight-week course, we will attempt to summarize the main topics of Islamic jurisprudence (fiqh), how it evolved, and how it works. The extremely cursory exposé will take the form of the following lessons:
1. Brief history:
Jurisprudence as a skill, not an invention
The Four Schools
Primary sources of Islamic Law
Interpretive principles
Conflicts in primary sources
Juristic principles
2. Islamic ethics, jurisprudence, and Islamic law proper
The spirit, the letter of the law, and court
Conflicts within the systems
Conflicts within the goals
3. Worship
Principles and concepts
Meaning and Form
Key topics:
4. Financial transactions and Islamic finance
Principles and concepts
Key topics
Concept of Wealth
Concept of debt
Concept of clarity
Concept of common practice and general need
Classical Mortgage vs Murabaha
Creative models of creating capital
5. Marriage, Divorce and Child Custody
Key topics
Clarity of expectations
Love, material realities, and the cultural remodeling of marriage
Romeo and Juliet: the sanctity of love and the sanctity of family
The lion’s pride: polygamy in an age of financial independence
6. Criminal law
Principles and concepts
Common Fixed punishments
Discretionary punishments
7. The Law and politics
8. Islamic jurisprudence and Islamic Law in the modern world
Reading list:
▪ Islamic Jurisprudence According to the Four Sunni Schools, tr. Nancy N. Roberts,
▪ Ibn Rajab's Refutation of Those Who Do Not Follow The Four Schools, tr. Musa Furber
▪ Influence of The Noble Hadith Upon Differences of Opinion Amongst The Jurist Imams, Sh. Muhammad Awwamah
▪ The Search for God's Law: Islamic Jurisprudence in the Writings of Sayf Al-Din Al-Amidi, Bernard G. Weiss
▪ The Epistle on Legal Theory, al-Shafi’i, tr. Lowry Joseph
▪ The Madrasa Curriculum in Context, Hamza Karamali
▪ The Compendium of Knowledge and Wisdom, Ibn Rajab Al-Hanbali, tr. Abdassamad Clarke
▪ The Muqaddimah, Ibn Khaldun, tr. Franz Rosenthal
▪ The Muwatta of Imam Muhammad, tr. Abdassamad Clarke
▪ Rediscovering the Islamic Classics, Ahmed al Shamsy
▪ The Ordinances of Government, al-Mawardi, tr.Wafaa H. Wahba
▪ Foundational Islamic Principles, Ibn Hazm