COURSE UNIT TITLE

: PHILOSOPHY OF ISLAMIC LAW I

Description of Individual Course Units

Course Unit Code Course Unit Title Type Of Course D U L ECTS
TIS 6533 PHILOSOPHY OF ISLAMIC LAW I ELECTIVE 3 0 0 7

Offered By

Basic Islamic Sciences

Level of Course Unit

Third Cycle Programmes (Doctorate Degree)

Course Coordinator

ASSOCIATE PROFESSOR MEHMET ILHAN

Offered to

Basic Islamic Sciences

Course Objective

Analytical and critical examinations of legal theory sources, and produce new
interpretation on these texts.

Learning Outcomes of the Course Unit

1   Have knowledge regarding Islamic legal theory sources and their comments.
2   Learn classical basic concept an terminologies of Islamic Legal Theories.
3   Gain knowledge regarding discussions and new interpretations in Turkish and English.
4   Have the strength of understanding, interpreting, and adding new comments to the subject.
5   Being capable of doing research, writing paper, and giving lecture on the subject.

Mode of Delivery

Face -to- Face

Prerequisites and Co-requisites

None

Recomended Optional Programme Components

None

Course Contents

Week Subject Description
1 Introduction
2 Assignments, class meetings and presentaions will be explained
3 The Formative Period of Islamic Legal Theories
4 The Qur an as the Source of Islamic Law
5 The Prophetic Sunnah and Individual Reports (Habar al-Wahid)
6 Ijtihad and Imitation
7 The Place of Consensus, Ijma, in Islamic Legal Theories
8 Juristic Preference , Istihsan
9 Public Welfare, Maslahat
10 Custom, Orf
11 Contradiction of Textual Indications, Taaruz al- Adilla
12 The Princible of The Preseumption of Continiuty, Istishab
13 Previous Laws
14 Final Remarks and Conclusion

Recomended or Required Reading

-M. Tahir b. Aşur, Islam Hukuk Felsefesi, çev. Akyüz-Erdoğan, Istanbul: Iklim
yayınları, 1988.
Wael b. Hallaq, A History of Islamic Legal Theories, Cambridge: Cambridge University
Press, 1997.
- Abdulkadir Şener, Makaleler, Tebliğler ve Diğer Yazılar, Izmir: Il-Vak Yayınları,
2001
- M. Hashim Kamali, Principles of Islamic Jurisprudence, Islamic Texts Society; 3
edition, 2005.
-Muhammaed Halid Mesud, Islam Hukuk Teorisi, çev. Muharrem Kılıç, Istanbul: Iz
Yayıncılık, 1997
-Articles is marked with (R) will be given to the students at the very beginning of the
semester as soft copy.

Planned Learning Activities and Teaching Methods

Class discussion, individual research, question and answer in class meetings, paper,
and presentation are required for this class. Departing from the fact that the best
learning is teaching, students will be actively part of the teaching process. Students
will be encouraged to share their ideas with their classmates. Turkish and English
literature on the subject will be the main focus. To create a fertile discussion
environment, students should come to the class meetings well prepared.

Assessment Methods

SORTING NUMBER SHORT CODE LONG CODE FORMULA
1 MTE MIDTERM EXAM
2 STT TERM WORK (SEMESTER)
3 FIN FINAL EXAM
4 FCG FINAL COURSE GRADE MTE * 0.30 + STT * 0.20 + FIN* 0.50
5 RST RESIT
6 FCGR FINAL COURSE GRADE (RESIT) MTE * 0.30 + STT * 0.20 + RST* 0.50


*** Resit Exam is Not Administered in Institutions Where Resit is not Applicable.

Further Notes About Assessment Methods

Grading percentages are approximate. Active Participation to the class discussions and
presentation are important as the Mid-Term and Final exams. Failing one of them cause
to fail of the class.

Assessment Criteria

The success of a student is considered based on Mid-term, Final, Active Class
participation, Presentation and Term Paper.

Language of Instruction

Turkish

Course Policies and Rules

This is a discussion based course. To do so, each student should come class meetings
well prepared, i.e. read before class meetings all reading assignments carefully. At
least one presentation is required. Attendance is required.

Contact Details for the Lecturer(s)

ismail.acar@deu.edu.tr
dahili tel: 20128

Office Hours

Friday: 10:00-11:00

Work Placement(s)

None

Workload Calculation

Activities Number Time (hours) Total Work Load (hours)
Lectures 15 3 45
Preparations before/after weekly lectures 10 5 50
Preparation for midterm exam 1 10 10
Preparation for final exam 1 10 10
Preparing assignments 1 10 10
Preparing presentations 1 10 10
Midterm 1 10 10
Final 1 20 20
TOTAL WORKLOAD (hours) 165

Contribution of Learning Outcomes to Programme Outcomes

PO/LOPO.1PO.2PO.3PO.4PO.5PO.6PO.7PO.8PO.9
LO.11
LO.21
LO.31
LO.41
LO.51