The aim of this module is to understand and explore the tensions that exist when Muslims organise their private family relationships within an Islamic framework whilst also being subject to English law. There will be some opportunities for comparative work in examining the experiences of Muslims in other Western jurisdictions.
Indicative seminar topics:
- An introduction to Islamic law and its sources including the Quran, Sunnah & Hadith, and other sources of Islamic Law and their development, particularly addressing the needs of Muslims living in the Global North.
- Concept of the ‘shari’a’ – its meaning and objectives (maqaasid), the different schools of Islamic thought, Islamic fiqh, Islamic institutions and the production of legal opinions (a fatwa) in Islam. In addition, the concept of legal pluralism.
- A number of seminars will explore the substantive Islamic laws of marriage, divorce, child custody and finance. Students will be expected to explore, not only how Islamic law may frame these topics and resolve any disputes, but how Islamic law in this context interacts with English law and where there may be tensions and challenges.
Students are not expected to have studied Islamic law previously and will not be required to read or write Arabic. The module will be taught in English and all reading material that students will be directed to will be in English.