Hebron University - Islamic Judiciary

Course Description

13711   Linguistic Indications (dalalat)

The following topics, or most of them, will be explored in detail:

  • Obvious words: the explicit, the text, the interpretable, the coherent.
  • The implicit words: the hidden, the problematic, the short (mujmal), the words that can imply more than one meaning.
  • The textual indications: the textual significance, the signal implication, the indication of the text, the indication by logical extension.
  • An indication by opposite meaning (mafhoum almukhalafah).
  • The general and specific meanings.
  • The absolute and restricted meanings.

13712   Methods of Evidence in Islamic Jurisprudence

The following topics, or most of them, will be studied extensively, analytically, and by using comparative approach:

  • Testimony of men, joint testimony by men and women, testimony of women only.
  • Confession, indications, swear, personal knowledge of the judge, etc.

13723    Islamic, Procedures Law

Definition of procedures. Judicial organization. Types of courts and judicial hierarchy. General principles of judicial organization. Guarantees of fair trial. Jurisdiction and its types. Lawsuit in Islamic Judicial System. Judicial procedures. Nullification of decisions. Appeal. Cassation.

13724    Documents and Drafting

The following topics will be examined in depth:

  • Documentation in Islamic law: definition, terms, types, history, and significance.
  • The drafter: function, significance, qualifications, and etiquette.
  • The document: writing techniques, terms, and etiquette.
  • Documenting marriage contract: history, the position of the Jordanian Personal Status Code, the work of contract writer (ma'thoun).
  • Documenting verdicts of divorce, inheritance, wills, endowment, agency and other documents issued by Islamic courts.
  • Documenting some contracts and transactions of Islamic banks, e.g. murabaha.

13735    Wills and Inheritance in Islamic Law

The following topics will be studied in depth:

  • Provisions of inheritance.
  • Inheritance impediments.
  • The original successors.
  • Closeness (asabat).
  • Undistributed inheritance rights (munasachat).
  • Exchange of inheritance rights amongst successors by agreement (tacharouj).

13736    Personal Status Law: Marriage and Separation

  • Introduction to the personal status law and the topics covered thereof, its foundations, and history.
  • Marriage and engagement, capacity, authority, contact. Marriage registration, equality (kaf'a), persons that one could not marry (muharamat), types of marriages, entitlements of marriage (housing, dowry, alimony).
  • Divorce rules:subject of divorce, multiple divorce, authorization of divorce. Divorce of the drunk, astonished, impeller, mentally disabled. Definitive and conditional divorce, pledges of divorce, reactionary and irrevocable divorce, explicit and implicit divorce, irreversibility. Registration of divorce.
  • Muchalaa, right of woman to request divorce. Separationas a result of defect, madness, absence, injury, inability to provide dower or alimony, imprisonment, missing, conflict.
  • The eda, the period during which woman could not marry after the death or divorce of her husband.Kinship. Breastfeeding. Custody. Alimony.

13741    Research Methods in Jurisprudence and its Foundations

The purpose of this course is to enable students to conduct profound and scientific research in jurisprudence and its foundations. It will tackle the following issues:

  • Introducing sources and references.
  • Methods of writing scientific research in Islamic sciences.
  • Methods of editing archival manuscripts.
  • Introducing various schools of Islamic jurisprudence and their terminology, methods of preservation of these schools, and reliable books for each school.
  • Display and study the literature of selected books of Islamic jurisprudence.
  • Study methods of codifying the Foundation of Jurisprudence science.
  • Introducing the most famous scientists in the field of the Foundations of Jurisprudence, their books, and their influence in developing their schools.

13742    Endowments in Islamic Jurisprudence

This course deals with the definition and rules of endowment, its basis, significance, types (family and public), conditions, endowment administrator, capacity to initiate endowment, exchange of endowments, selling and fixing the endowment, distributing its fruits, its social and economic importance.

13743   Islamic Policy

Concept of Islamic policy, its sources, conditions, rules, applications with regard to Islamic law, personal status law and penal law.

13751    Islamic Judicial System

  • Introduction: definition of judiciary, its significance, importance and rules.
  • Judge qualifications.
  • Judge characteristics.
  • Assistants of judges.
  • Judge's power.
  • The plaintiff.
  • The defendant.
  • Issues that can be subject to judicial decisions.
  • Content of the judgment.

13752    Ijtihad (opinions using discretion) and taklied (resembling)

The purpose of this course is to study the significance of the ijtihad and fatwa (answers for new jurisprudence developments) at present time. The course will address the following topics:

  • Definition of ijtihad, opinion/reasoning, and analogy.
  • Relationship of ijtihad with the foundations of jurisprudence.
  • Mujtihid(the person who exercises ijtihad), his qualifications and levels.
  • Jurisprudence at the present time.
  • Actions of Prophet Mohammad on reporting, leadership and judiciary.
  • Ijtihadat present: importance, collective ijtihad, jurisprudence forums and conferences.
  • Taklied, definition and difference between it and the mere following.
  • Talfiq (taking opinions from different schools) and tracking licenses.
  • The position of Muslim regarding the Four Imams.
  • Fatwaat the present: advisory opinions of contemporary schools between discipline and laxity.
  • Benefits related to advisory opinions (fatwas) that must be taken into account.

13754    Cases and Lawsuits

The following cases will be studied in depth:

  • Cases on the entitlement of inheritance.
  • Lawsuit of alimony for wife.
  • Lawsuit of custody of children.
  • Lawsuit of alimony of relatives.
  • Lawsuit of marital obedience.
  • Lawsuit of separation as a result of absence or damage.
  • Lawsuit of separation as a result of imprisonment.
  • Lawsuit of separation as a result of conflict.
  • Lawsuit of immediate dower.
  • Lawsuit of deferred dower.
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