units

LAW4670

Faculty of Law

18 September 2017 19 April 2024

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This unit entry is for students who completed this unit in 2016 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

Monash University

6 points, SCA Band 3, 0.125 EFTSL

Undergraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Offered

Malaysia

  • Term 3 2016 (Day)

Synopsis

In its first part, the unit will consider the nature, characteristics and objectives of Islamic Law and contrast them with legal systems. In its second part, the unit will explore the historic development of Islamic Law from the time of the Prophet to the era of the Fiqh (Golden Era), as well as its current significance. In the third of the unit, various branches of Islamic Law are considered in more detail. The focus is on Islamic family law, Islamic banking and takaful, and Islamic criminal law.

Outcomes

On completion of this unit, a student should be able to

  1. Demonstrate a sound understanding of the nature, sources and fundamental principles of Islamic law
  2. Explain the basic principles of certain branches of Islamic law, namely: Islamic family law, Islamic banking and takaful, and Islamic criminal law.
  3. Critically assess the role of Islamic law in the Malaysian legal system
  4. Undertake research into and analyse decisions of Malaysian Shariah courts and related secondary materials
  5. Use legal reasoning skills to develop arguments from principles of Islamic law to address legal issues raised in factual scenarios
  6. Communicate effectively, both orally and in writing, on current issues of Islamic law in Malaysia and internationally
  7. Reflect on and assess their own capabilities and performance, and make use of feedback on their classroom performance to support personal and professional development

Assessment

Class participation (10%)
Class paper - 1,500 words (30%)
Take home examination (60%)

Workload requirements

Semi-intensive, 9 hours

See also Unit timetable information

Chief examiner(s)

Associate Professor Normann Witzleb

Prerequisites

For students who commenced their LLB course prior to 2015:
LAW1101 Introduction to Legal Reasoning
LAW1104 Research and Writing

For students who enrolled in the LLB (Hons) from 2015:
LAW1111 Foundations of law
LAW1114 Criminal law 1
LAW2101 Contract A
LAW1113 Torts
LAW1112 Public law & statutory interpretation
LAW2112 Property A
LAW2102 Contract B
LAW2111 Constitutional law

For other students:
Equivalent introductory units from another university.