Islamic Family Law

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Advanced Fiqh Studies – Level 1

(Description Line)

The course is ideal for solicitors, lawyers, judges, Ulama, law practitioners and students with interest in Islamic family law in contemporary context. It covers 6 major themes including the sources of Islamic law, marriage, dissolution of marriage, parents and children, law reform in the Muslim world and application of Islamic family in diasporic communities such as in the UK, USA, CANADA, South Africa or India. The course will examine the contemporary issues such as Triple Talaq, Discrimination of Women, etc.

Complete Online

4 months

From £17.49/Month

Course Overview

The course aims to set the formation and development of Islamic Law in an historical context and gives students an understanding of the core sources of Islamic law. The course will illustrate the plurality of thought, custom and application of law within Muslim communities and introduce students to the critical discourse on this subject. The course will examine the institution of marriage in Islam to give students a clear grasp of the requirements for a valid marriage contract in Islamic law and will encourage students to look at the law of marriage from a comparative perspective, look at the influence of customary practice and examine the issues such as polygamy, consent, forced marriage and child marriage. The course will present an in depth analysis of dissolution of marriage from Islamic perspective by providing students with a sound understanding of the Islamic law on dissolution of marriage and encourage them to engage with wider cultural, sociological and political issues surrounding the dissolution of marriage for Muslims today and introduce them to ideas about how such Qur’anic verses might be codified in modern legal systems. Following on from the discussion regarding marriage and modes of dissolution, the course will take you into an area of Islamic law that regulates the relationship between parents and children, the rights of children to an identity, support and maintenance and the right to inherit from parents. Drawing upon the concepts and normative framework of the earlier part of the course, the course will analyse the extent to which these principles of Islamic family law find a place in the legislation of contemporary Muslim jurisdictions. It uses examples of law reform from South-Asian Muslim jurisdictions and Gulf Countries. The course will also discuss the contemporary issues which Muslims face, particularly Muslim living in the Western countries such as in the UK, USA, Canada, South Africa or Muslims living in India. The course attempts to compare civil and Islamic procedures of marriage and divorce and analyses the extent to which the Islamic law could be applied in the western or Non-Muslim countries. The course will also discuss key International conventions and resolutions, Key UK legislations and key Case laws that may have direct impact on Islamic family law. The course will present Islamic guidelines for solicitors, judges, and those who are engaged in this profession. Read more

Main Aims and Objectives

The aim of this course is: To enable an understanding of and engagement with the theoretical discourse regarding Islamic law and to provide students with an insight into the way Islamic law operates, i.e. the various juristic tools used to deduct Islamic law To enable an understanding of the development of the principal sources of Islamic law in the area of family rights and their incorporation into state legislation and their application in Muslim family law To delve into the classical discussion on the formation of the marriage contract and the various ways “Nikah” can be dissolved in contemporary context. To enable a critical and context-based analysis of issues relating to legal reform in the Muslim world, identifying principles of Islamic family law in the legislation of various Muslim countries covered in the course an examination of the application of Islamic family law in diasporic communities using the United Kingdom and India as case studies. To enhance the understanding of child rights, welfare and child custody from Islamic perspective. To provide an in-depth analysis of Sharia councils and Muslim Arbitration Tribunals in the Western Countries To enable an understanding of International Human Rights, United Nation Resolutions and Key UK legislations against the discrimination of women and their implications on Muslim family law. To provide Islamic guidelines for solicitors, barristers and Judges Read more

Learning Outcomes

After completion of this courses students will be able to:
Appreciate the ways Islamic law are developed and applied to Muslim family law
Grasp the various conditions that need to be fulfilled for the validity of an ‘aqd al-Nikah – a marriage contract
Understand the various avenues that leads to the dissolution of an ‘aqd al-nikah”
Examine THE cultural, sociological and political issues surrounding the marriage and dissolution of marriage for Muslims today
Equip themselves in delving into the intricacies of parents and children relations, especially after the dissolution for a marriage based on classical jurisprudence

Modules

_ _ _

Islamic Jurisprudence – An Overview

  • Introduction to the course
  • Shari’ah law defined
  • Definition of Fiqh and its various branches
  • Definition of Usul al-fiqh (Principles of Islamic   Jurisprudence) and its various sources
  • An overview and the sources of Islamic law
  • The principles of Islamic Jurisprudence
    Authentic sources of Fiqh
  • Legal maxims (al-Qawa’id al-Kulliyah al-Fiqhiyyah)
  • Higher Objectives of Shari’ah (Maqasid al-Shari’ah)
  • Disputable issues? How to solve such issues?

Dissolution of Marriage

  • Permissibility of divorce
  • The role of husband and wife
  • Grounds for divorce in Islam
  • Types and methods of divorce
  • Different methods for dissolving marriage in Islam
  • Procedure for Islamic divorce
    Islamic mediation
  • Repudiation (Talaq)
  • Instant divorce and “Triple Talaq?”
  • Separation by mutual consent (Khula’)
    Judicial separation (Faskh)
  • Vow of continence (Ila’)
  • Dissolution by operation of law (Li’an)
  • Injurious assimilation ( Zihar)
  • Waiting period (Iddah)
  • Who can preside over divorce cases?

Muslim Family Law in Islamic Countries – An Overview

  • African and European Context
  • Algeria
  • Egypt
  • Mauritania
  • Morocco
  • Turkey
  • Nigeria
  • Asian and the Middle East Context
  • Pakistan
  • Bangladesh
  • Malaysia
  • Maldives
  • Bahrain, Oman and the United Arab
  • Emirates
  • Jordan
  • Kuwait
  • Saudi Arab

Islamic Family Law and the United Kingdom – A Case Study – Part One

  • Applicability of Shari’ah Law to Muslims in Britain
  • Enforceability of “Nikah” as a contract under English Law
  • Legally Valid and Invalid Marriages
  • Difference between “Nikah” and “Civil Marriage”
  • Civil Marriage Process in England and Wales
  • Marriages Conducted in the UK – How to get legal and Islamic recognition
  • Forced Marriage under English Law and Islamic Law
  • “Mahr” claims under English Law

Application of Islamic Family law to India – A Case Study

  • Muslim Personal Law and Indian Muslims – Key Issues
  • The Muslim Personal Law (Shariat) Application Act, 1937
  • The Dissolution of Muslim Marriages Act, 1939
  • Special Marriage Act, 1954
  • The Muslim Women (Protection of Rights on Divorce) Act, 1986
  • The Muslim Women (Protection of Rights on Marriage) Bill, 2017
  • The Shah Bano case 1985
  • Shayara Bano vs Union Of India And Others – Case Law ( Triple Talaq)
  • Examining “Instant Verbal Talaq” and Polygamy from Indian Law Perspective

The Contract of Marriage’aqd al-Nikah Islamic Classical Perspective

  • The institution of marriage in Islam
  • Marriage procedure and ceremony
    Betrothal (Khitbah)
  • Definition and conditions for validity of Nikah
  • Prohibited marriages
  • Contracting nature
  • Sacrosanctity nature of Nikah
  • Who can conduct valid Islamic marriage?
  • The role of parents and “The Wali”
    Age of marriage
  • Temporary marriage
  • Effect of a valid marriage contract
    Invalid marriage contract -How to deal
  • Rights and obligations of husband and wife
  • Marriage “Khutbah”

Dissolution of Marriage -Contemporary Issues

  • Dissolution of marriage – cultural, sociological and political issues
  • Talaq – Contemporary Practices
  • Islamic mediation in practice
  • “Three Talaq” in one sitting?
  • Understanding contemporary
  • grounds of divorce from Islamic
  • perspective
  • Cruelty
  • Domestic violence
  • Disobedient (Nushuz)
  • Adultery
  • Cheating
  • Sexual Misconduct
  • Alcoholism
  • Mental Illness
  • Impotency
  • Withholding Sex
  • Communicable Disease ( HIV/AIDS etc)
  • Presumption of death
  • Conversion of faith
  • Concept of irretrievable breakdown under “Maliki Fiqh”
  • How to prove potency from Islamic perspective?
  • Financial settlement
  • Online divorce
  • Divorce by social media
  • Need for Ijtihad (reform) and setting up Islamic regulations

Law Reform in the Muslim World – Key Legislations and Key Issues

  • Modern approaches to Islamic family law reform
  • The traditional doctrine of elective choice (Takhayyur/Talfiq)
  • The Ottoman Law of Family Rights, 1917
  • The Child Marriages Restraint Act 1929
  • The Dissolution of Muslim
  • Marriages Act 1939 (India, Pakistan and Bangladesh).
  • The Muslim Family Laws Ordinance 1961 (Pakistan).
  • The Moroccan Family Code (Moudawana) of 2004
  • “Ijtihad” and Reform – Between Muslim Governments and Ulama (Sharia Scholars)
  • Polygamy and judicial restrictions – Is it accepted?
  • Declaring extra-judicial divorce by husband Invalid ?
  • Inserting stipulations against
  • polygamy in the marriage contract
  • Independent Ulama Council – A Potential Solution

Islamic Family Law and the UNITED KINGDOM – A Case Study – Part Two

  • Grounds for Divorce in Civil Law and Islamic Law – A Comparative Study
  • Procedure for Islamic Divorce in the UK
  • Civil Divorce before Islamic Divorce?
  • Procedure for Civil Divorce -Overview
  • Arrangement for Children, Money and Property
  • Recognising Foreign Divorce
  • Annulment of a Marriage Under Civil and Islamic Law – A Comparative Analysis
  • Examining “Verbal Talaq” and polygamy from English Law perspective
  • Cost of Divorce – Islamic and Civil Law
  • Adoption and Fostering under Shariah law and English Law

The Institution of Marriage Contemporary Issues

  • Muslim marriage – cultural, sociological and political issues
  • Islamic law of marriage – A contemporary analysis
  • Key objections on Islamic marriage contract
  • The influence of customary practices
  • Polygamy – custom, religion and legislations
  • Age of Marriage -custom, religion and legislations
  • Forced marriage and the concept of consent
  • Marriage to Non-Muslims
  • Rights and obligations in practice
  • A Model Muslim Marriage Contract
  • Waiver or release of rights
  • Islamic marriage certificate – Sample

Child Custody and Welfare – Classical Islamic Law and Contemporary Muslim World

  • Rights of children in Islam
  • The right to legitimacy and a good name
  • The right to shelter, maintenance, and health care
  • The right to religious training, proper education, and physical education
  • The right to inherit from parents
  • Child custody (Hadanah)
  • Child Custody in the Quran, Sunnah and Fiqh
  • Guardianship (Wilayat) – Duties, rights and liabilities of guardians
  • Child custody after divorce
  • Responsibility of maintenance
  • The concept of the welfare of the child from Islamic perspective
  • Adoption and the concept of “Kafalah”
  • Residence, Contact and Specific issues
  • Child Custody Laws in the Muslim World
  • Child Custody Law in Pakistan – A case study

Sharia Councils and Muslim Arbitration Tribunals for Western / Non-Muslim Countries

  • Shariah Councils and “Darul Qadha”
  • Shariah Councils – Key Characteristics
  • Muslim Arbitration Tribunal
  • Key Issues and Challenges
  • How to deal with the legal system
  • Ideal Sharia Council – A Model
  • Making use of Shariah Councils

Discrimination Against Muslim Women in Marriage and Divorce– Key Issues and Challenges

  • Examining the concept of “Discrimination” from Human Rights and English Law perspectives
    International Human Rights approach
  • United Nation and The 1979 Convention on the Elimination of All Forms of Discrimination against Women – CEDAW
  • UK Obligations under CEDAW
  • The Equality Act 2010, UK
  • The Divorce (Religious Marriage) Act 2002, UK
  • The Marriage Act 1949, UK
  • Compulsory Civil Marriage v Recognising Muslim Marriages?
  • Enforcing “Mahr” Payment by using Contract Law

Islamic Code of Ethics for Solicitors , Barristers and Judges

  • The Importance of this profession
  • General principles
  • Relations with clients – Islamic Guidelines
  • Relations with the courts – Islamic Guidelines
  • Relations between lawyers – Islamic Guidelines
  • Islamic code of conduct for Judges
Frequently Asked Questions
How is this online course structured?
Our online program comprises enriched learning sessions, engaging, on-demand live and recorded video lessons. Our course is innovatively divided into different modules and sub models. The learners can ask questions, get their doubts cleared if they have any. You can get support from our course instructors or academic support team during live sessions or even after the sessions as needed.
Is it compulsory to attend LIVE sessions? Will it be count towards the progress of my course?
We always encourage that you should attend LIVE sessions but if, in any case, you miss attending one of the sessions then you can always have access to the recorded session (Yes, you will receive recorded video of the LIVE session you have missed).
When will I have access to the online course material?
Right after successful enrolment, you will get access to myAlbalagh which is our online learning portal where you can get access to the pre-course material. The course content will be released gradually after starting the course.
When will LIVE sessions be scheduled?
Date, Day, and Time for each LIVE session will always be pre-scheduled. To know more about the schedule on live sessions, please, visit “myAlbalagh” and click on the tab “Schedule.” You will get complete details.
What if I am not able to attend LIVE sessions?
If, in any case, you miss attending LIVE session, you can catch up by watching the video recordings later at your convenient time. To get access to the video recordings, you should visit “myAlbalagh” by using your sign-in details. You can get access to “myAlbalagh” through your laptop, desktop or from your mobile.
What if I have questions to ask but can’t attend Live?
Please, get access to “myAlbalagh” and reach “Discussion Board.” It is this place where you can ask questions, discuss and get your doubts cleared. Our support staff will take your queries forward and get answers for you from your course instructors.
How do I interact with my classmates?
You can use “Discussion Board” to get connected to other course learners as well. But we recommend that the discussion here on “Discussion Board” shall be relevant only to the course being taken. Strictly, no personal discussions or chatting. You can also interact with your classmates in our “Whatsapp Group” exclusive for the course students
How long will I have access to the online program?
You will have access to the online course content up to 2 years. Please contact our admin team by Email at [email protected] if you want lifetime access.
Are family/group discounts available?
Yes, we provide discount for groups or families who are interested in joining one of our courses. Please, email us to get complete details on it.
I am having trouble signing into my private member portal. What should I do?
In case, if you find any trouble accessing your account then please, contact us immediately. We make sure that your problem gets resolved at the earliest.
To contact,
Email: [email protected]

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