The Jurisprudential disciplines in Islam are often conceived of as offering the most authoritative normative discourse of both classical and contemporary formations of Islam. This module will engage with both theoretical and applied questions relating to the contemporary engagement with historical and emerging ideas of Muslim legal theory, law and ethics. The course will critically explore the diversity and contested nature of jurisprudential thinking in contemporary Muslim thought, with attention given to the diversity of theological assumptions and ethical implications of contextual engagements with the traditions of Islamic jurisprudence. Through extensive assessment of secondary literature and the direct appraisal of primary sources in translation, students will develop a critical understanding of contemporary debates in three areas;
1) The contested function and purpose of Islamic law and legal theory; their relationship with ethics, theology, political economy and the diverse lived experiences of Sharīʿa 2) Ijtihād & Taqlīd between conservatism and dynamism: theoretical accounts of legitimate/illegitimate differences in Muslim normative thought & practice, epistemology and interpretative systems, models for traditional authority and dynamic change 3) Cases of contemporary jurisprudential debates; Discussion of cases will allow students to examine primary sources, the views of classical jurists and contemporary writings on contested issues in Islamic jurisprudence such as; Jihād in the contemporary world, the status of non-Muslims in Islam, women’s rights and medical ethics.
Learning Outcomes
By the end of the module students should be able to:
Demonstrate critical understanding of the contested role, and different trends, found in the employment of jurisprudential discourses in contemporary Muslim normative thinking and practice
Demonstrate an in-depth awareness of the diversity of historical trends and models of jurisprudential thought in Islam and how such resources can at the same time restrict and encourage change in Muslim normative thinking and practice
Critically engage with historical and contemporary debates in Islamic jurisprudence relating them to broader questions in religion, theology and ethics
Identify and evaluate competing theological assumptions, ethical implications and contextual factors emerging from differing views in cases of applied contemporary Islamic jurisprudential thought
