Department of Islamic Law - Postgraduate Courses
LWIS 805 and 806 Islamic Law of Succession and Bequest (3)Credit Units)
Intestate succession – introduction, elements of succession, the estate, causes of inheritance, conditions (death of praepositus, survival of heir); impediments, devolution of estates; legal heirs – ashap al-furud, asabah, dhawil, bait al-radd; distribution of estate, procedure; the case of the grandfather, competition and the doctrine of priority (hijab abd hirman); Introduction to Bequests; nature; essentials – testator (musi), the legatee (musa lahu), formalities (sigha), bequest object (musa bihi); validity of bequest – invalid bequest, ultra-vires bequest, doctrine of death sickness (marad al-maut).
LWIS 803 and 804 Islamic Law of Marriage and Guardianship: (3 Credit Units)
Marriage – Preliminaries, contract, essentials (offer and acceptance, dower, etc.); impediments to marriage, void and voidable marriages; mixed marriage; polygamy; rights and duties of spouses; termination of marriage contract – by repudiation, by khul’ by court decree, by death of either spouse; iddah, (waiting period); maintenance of relatives, maintenance of wife, maintenance of children; fosterage and custody; establishment of paternity – by legal maxim (al-walad lil firash), by acknowledgement; guardianship – of persons, property.
LWIS 801 and 802 Islamic Legal Theory: (3 Credit Units)
Evolution of Islamic Law – various stages of, legislative period, period of the khulafa al-rashidun, the period of crisis, the period of the Ummayyah and Abbasids, the emergence of the schools of law. Legal theories and resources of the shari’ah branches of jurisprudence, ahkam al-sharia’iyyah.