Diploma in Muslim Family Law

The unit critically examines approaches to the development of Islamic law/jurisprudence, starting from the historical emergence of Muslim schools of thought (Hanafi, Shafii, Maliki, Hanbali, Ja’fari, Zahiri and others) and their contribution in forming the systematised legal theory.

Students will have an opportunity to examine the tools, methods, procedure and the workings of Islamic legal schools of thought as applied in different contexts.

In this unit, students will learn the laws, regulations and practices of family law as a key component of Islamic law and practice. The growing Muslim population in the UK has made it imperative that anyone interested in the area of Islamic family law is conversant with the fundamentals, core concepts, practical operation, control systems and regulatory framework of Islamic family law.

The unit will cover the differences between Islamic and Western family law models in terms of conceptual framework, governing principles, and the rights and protections given to the parties concerned in the relationship and other stakeholders of family law.

In particular, the unit will address the question of who are considered to be husband and wife according to the principles of Islamic law, and what the status and consequences are of an unlawful marriage.

It will also cover all aspects associated with the operation, implementation and enforcement of Islamic family law via Islamic courts, including any financial consequences and burdens associated with the enforcement of rights under the family law of Islam.

The two key and reciprocal rights of husband and wife, Nafaghah and Tamkin, are also considered in this unit. The unit will further explore how Islamic family law principles have evolved over time using the Islamic jurisprudential philosophy and methodology that justify these principles.

Finally, the unit will cover the laws of Islamic marriage and divorce in light of classical Islamic jurisprudence and recent family law interventions by Islamic states in different parts of the Islamic world.

The first part (10%) covers research approaches in business studies and aims to prepare students to produce a project proposal.

This part of the module examines research strategies, design, ethics and methodologies, with particular reference to both qualitative and quantitative methods.

The module explores a range of methods appropriate to disciplines including entrepreneurship, banking and finance, management, and sustainable development. It aims to develop students’ analytical skills, which are essential for conducting an independent business project proposal.

At the end of the course, students will be required to produce a mini dissertation of 6,000–8,000 words, drawing on relevant academic theories and approaches as part of the assessment.

The unit examines the concept of succession and inheritance, together with the underpinning principles from both Islamic and secular law perspectives.

It also explores a range of techniques for calculating inheritance shares as defined by Islamic sources.

The second part of the course focuses on the drafting of valid Islamic wills under secular law.

The final part examines the use of waqf in comparison with trusts for creating endowments, including the position of waqf beneficiaries according to the donor’s wishes.

This unit offers a critical examination of children’s rights from an Islamic law perspective, within an international law framework. Relevant sections of the United Nations Convention on the Rights of the Child (UNCRC) 1989 will be used as a benchmark to contextualise contemporary issues relating to children’s rights in Islamic law.

The course will focus primarily on Islamic law and will cover three main areas: the legal and Islamic approach to defining the persona of a child; controversial areas of children’s rights in Islam from a human rights perspective; and the issues of custody and guardianship.

The Children and Their Rights module will familiarise students with the content of international children’s rights and help them develop a critical understanding of the theoretical and practical challenges facing children’s rights discourse from both Islamic and secular law perspectives.

The unit will also enable students to apply a child-centred approach when analysing legislation, policies, practices and court decisions concerning children.

The unit critically investigates the legal and fiqhi considerations surrounding the intergenerational transfer and administration of estates.

It covers three main areas: the meaning of estate and wealth management and the need for estate planning; the mechanisms of estate planning; and estate tax planning.

The unit also explores the Islamic concept of wealth management, including approaches to estate planning, the mechanisms used to manage and transfer estates, and considerations relating to estate tax planning.

This unit critically examines key issues in the study of gender and sexuality within the Islamic tradition. It explores how gender and sexuality have been conceptualised within the framework of the Qur’an and Shari’ah, as well as current debates from different perspectives within Islam.

The unit also reflects critically on the roles and relationships of men and women in Muslim spaces, including gender equality and inequality, polygamy, veiling, adultery, the patriarchal family, property rights and work.

Students will explore related issues such as Islamic feminism and the interplay between socio-economic forces, nationalist processes of modernity and women’s political ambitions.

The unit is interdisciplinary in scope, drawing on literature from history, sociology, anthropology, political science, media, cultural studies and gender studies. This broad approach highlights the diversity and complexity surrounding gender and sexuality and shows how these issues have shaped Muslim traditions and societies in contemporary contexts.

This unit allows students to develop an understanding of Islamic sources and approaches from both classical and modern perspectives.

Students will be introduced to the different sciences developed within Islamic studies, including exegesis (tafsir), the sciences of the Qur’an (‘ilm al-Qur’an), Prophetic traditions (hadith), the terminology of hadith (mustalah al-hadith), and their application to Islamic jurisprudence (usul al-fiqh).

The unit will enable students to critically understand the structure of the core Islamic sources and their historical development across a range of classical and contemporary contexts.

Students will also develop a critical understanding of Muslim scholars’ methodological approaches to establishing truth in areas including aqeedah, fiqh al-ibadat, muamalat and ethics.