INTERNATIONAL PROGRAM LAW DEPARTMENT – UNIVERSITAS ISLAM INDONESIA
Subject
: Islamic Law
Department
: Law
Lecturer
: Dr. Agus Triyanta
Email
:
[email protected]
Phone
:
Credit (SKS)
:2
Pre-requisites
: none
Consultation times : By appointment
Subject Overview
Islamic law plays a significant role in the shaping of Indonesian society, as Muslims contribute largely to the composition of Indonesian population. The understanding towards various aspects of this law, therefore, is of important endeavour to be taken. This course subject starts with the critical deliberation on some basic conceptual aspects of Islamic law, such as its principles and its sources. Further, how Islamic law is formed along its historical development will also be examined. The course subject will, then, heed to the final aspect, namely the implementation of Islamic law in Indonesia.
The subject is designed to give students a broader understanding about Islamic concept of law, as this will enable them drawing some comparisons between secular law system and Islamic one, the differences and the similarities between them. Moreover, it will provide student with enough knowledge pertinent to the implementation of Islamic law. Particular reference to the practices or implementation of this law in Indonesia will also be presented in order to comprehend Indonesian ‘model’ of Islamic law.
Subject Objectives
Upon the completion of the course, the student will: 1. Understand the basic differences between Islamic law and other modern legal system 2. Comprehend the sources of Islamic law, namely Qur’an, Sunnah (tradition of the Prophet) and Ijtihad. Their nature and legality will analyse proportionally. 3. Master the intervening aspects in the formation of Islamic law, together with rise of the school of law (madhhab) in Islamic law. 4. Possess the brief understanding on the historical journey of the implementation of Islamic law in Indonesia. 5. Demonstrate the ability to analyse the position of cases involving Islamic law issues in the structure of Islamic law, especially in Indonesia.
Materials and References
Ali, Muhammad Daud. (1991). Asas-Asas Hukum Islam. (Jakarta: Rajawali Press) Halaq, Wael. (1997). The History of Islamic Legal Theories, Cambridge, Cambridge University Press. Hooker, M.B. (1984). Islamic Law in Southeast Asia. Singapore: Oxford University Press. Kamali, Muhammad Hashim. (2000). Principles of Islamic Jurisprudence. Selangor: Ilmiah Publisher. Lev, Daiel S, Islamic Court in Indonesia. (1989). Berkeley: Berkeley University Press. Liebesny, Herbert J, (1975) The Law of The Near and Middle East. New York: New York University Moshlehuddin, Muhammad, The Philosophy of Islamic Law, London: Oxford University Press. Nyazee, Imran Ahsan Khan. (2002). Theories of Islamic Law and The Methodology of Ijtihad Kuala Lumpur: The Other Press.
Schacht, Joseph. (1971). An Introduction to Islamic Law, London: Oxford University Press. Hasan, Ahmad. (1970). The Early Development of Islamic Jurisprudence. Pakistan : Islamic Research Institute, 1970 Coulson, Noel J. (1964). A History of Islamic Law. Edinburgh : Edinburgh University Press, 1964 Praja, Juhaya S. Hukum Islam Di Indonesia, Perkembangan Dan Pembentukan. Anshari, Saifuddin. (1979). The Jakarta Charter of June 1945 (Selangor: Muslim Youth Movement of Malaysia.
Assessment:
The teaching process in the class consists of lecturing, class discussion and student presentations. Student presentation will begin after midterm examination. Group assignment and presentation The students will be divided in some groups. Each group will be given particular topic which must be presented in the class. The allocated time for presentation maximum is 60 minutes, includes questions and answers.
Essay Each student must write an essay based on their presentation. The essay is 1000 words length. The essay must cover the abstract, introduction, analysis on the topic and must be closed by conclusion and recommendation. The essay must be submitted before the end of semester teaching period. The late of submission will lose marks at a rate of 30 percentage of the total mark of the essay.
Exam
There will be two exam; midterm exam and end semester exam. The midterm exam will cover materials from week 1 to week 7, and the end semester exam will cover materials from week 8 to week 14. The questions in the exam must be answered in essay format. The total questions in the exam will be no more than five questions.
The final mark will be given based on three components: Essay
40 %
Midterm Exam
30%
End Semester Exam
30%
___________________________________________________________ Total
100%
Policy on assessment Essays and assignments will not be accepted after the due date unless arrangements for an extension of time have been made prior to the due date. If you do not agree with the result that you achieve for any piece of assessment for this subject please contact the lecturer immediately. You have a right to know the reasons why your work has received a certain grade and to request a remark from another designated lecturer if you believe your work has been unfairly assessed.