Republic of the Philippines

Mindanao State University

College of Law
Marawi City

COURSE SYLLABUS IN LAW 107

I. Course No. and Title : LAW 107 (FIQH & ISLAMIC JURISPRUDENCE)

II. Course Description : This course covers the study of the bases, general
principles, development, and sources of Islamic Law; schools of law; and introduction to
Islamic Penal Laws.

Credit Units : 3 Units

Hours/Week/Semester : 3 hrs/week or 54 hrs/18 weeks
Pre-requisite : None
Co-requisite : None

III. General Objectives: This course aims to prepare the students on principles of
Islamic Jurisprudence. At the end of semester, they can understand how the Mujtahid
(jurist) derived a rule from the primary sources of Shari’ah. They can elaborate properly
the sources of Shari’ah and their application to any legal issues they confronted in their
community. Most specifically, the course prepares them for the Special Shari’ah Bar
Exams.

IV. References (Suggested but not required)

1. Islamic Jurisprudence A Comprehensive Reviewer by Jashim A. AbdulRahman,

Research Coordination Office, MSU, KFCIAAS, 2019.

2. Fundaments of Islamic Jurisprudence, by Saadudin Alauya, Rex Bookstore, Manila,

Philippines, 1999.

3. Commentaries on the Code of Muslim Personal Laws of the Philippines with

Jurisprudence and Special Procedure.
Rex Bookstore, Manila, Philippines, 2011

4. Principles of Islamic Jurisprudence by Mohammad Hashim Kamali, Pelanduk

Publications, Selangor, DArul Ehsan, Malaysia, 1989

5. The Evolution of Fiqh by Abu Ameenah Bilal Philips

6. or any books that deal on Usul ul Fiqh.

COURSE REQUIREMENTS and POLICY:

1. The student must comply the University and College policies;

2. Three consecutive absences without valid reason is considered as dropped or
the students will incur a failed grade. In case of valid reason like suffering of illness or
other analogous event, the student should write an excuse letter with a note and
approval from the Dean’s Office;
3. Observation of proper Islamic code of dressing for Muslim students and formal
dress for other students;
4. The student must avoid plagiarism in all his works and assignments; if found
cheating in any major exams, the student will suffer an automatic failed grades.

GRADING SYSTEM

Oral Recitation 20%

Assignment 10%
Midterm Examination 35%
Final Examination 35%
TOTAL 100%

I. Introduction

A. Definition and Nature of Islam

B. Definition and Characteristics of Shari’ah
C. Shari’ah and Fiqh
D. Differences between Shari’ah and Fiqh
E. Differences between Mujtahid and Faqih
F. Differences between Ijtihad and Muqallid
G. Differences between Muqallid and Faqih
H. Qawaid al Fiqhiyyah and Usul al Fiqh
I. Siyasah Shar’iyah
J. Maqasid us Shari’ah

II. The Hukm Shar’i

A. The Hakim (Lawgiver)

B. The Mahkum Alayh (the Subject)
C. The Mahkum Fih (the Act)
D. The Hukm (Ruling)
E. Hukm Taklifi and Hukm Wad’i

III. Sources of Islamic Law

A. The Primary Sources of Islamic Law

1. The Qur’an
a. The Recording and Revelation of the Qur’an
b. The ahkam (rulings) in the Qur’an

2. The Sunnah
a. Kinds of Sunnah
b. Status of the Sunnah
c. Independent Legislation of Sunnah
d. Compilations of Sunnah
e. Definition of Hadith
f. Differences between Sunnah and Hadith

3. Ijma’ (Consensus of Legal Opinion)

a. Conditions for the validity of Ijma’
b. Types of Ijma’
c. The legal force of Ijma’ as a Source
d. Role of Ijma’ in the Modern World
e. Meaning of Shura’ (Consultation)
f. Differences between Ijma’ and Shura’

4. Qiyas (Analogical Deduction)

a. Elements of Qiyas
b. Examples of Qiyas
c. Qiyas Jali (Manifest analogy) and Qiyas Khafi (Concealed Analogy)

B. Secondary Sources

1. Istihsan
a. Examples of Istihsan

2. Maslahah Mursalah
a. Types of Masalih
b. Elaboration of Maslahah Mursalah

3. Istishab
a. Illustrative example of Istishab
b. Forms of Istishab

4. Sadd al-Dhari’ah (Blocking the Lawful Means to an unlawful End)

5. Qawl Al-Sahabi (Opinion of a Companion)

6. Shar’ Man Qablana (Earlier Scriptures)

7. Urf/ Adat (Custom)
a. Kinds of Urf
b. Conditions of Urf to be binding as Law

IV. Concept of Ijtihad

A.. Meaning of Ijtihad

B. The Modes of Ijtihad
C. Qualifications of the Mujtahids
D. Who is Mujtahid in our Contemporary society?

V. Taqlid

A. Meaning of Taqlid
B. Views of Imam on Taqlid

VII. Naskh (Abrogation)

A. Meaning of Naskh
B. Forms of Naskh
C. Ta’arud al-adillah (Conflict of Evidence)

VII. History of Islamic Law and its School

A. Periods of Islamic Legistation

1. First Period: The Prophethood of Muhammad
2. Second Period: The Khulafa ur Rashidun
3. Third Period: The Tabiun
4. Fourth Period: Four Imams
5. Fifth Period: Mustawjihn Jurists
6. Sixth Period: Muqallidun
7. Seven Period: Commentators and Annotators

B. The School of Islamic Law

1. The Hanafi School

a. Abu Hanifah Nu’man Ibn Thabit: The Founder
b. Jurists of the School
c. Early Works of the School
d. Influence of the School
e. The Hanafi School and legal theory

2. The Maliki School

a. Malik bin Anas: The Founder
b. Jurists of the School
c. Early Works of the School
d. Influence of the School
e. The Maliki and legal theory

3. The Shafi’i School

a. Muhammad ibn Idris: The Founder
b. Jurists of the School
c. Early Works of the School
d. Influence of the School
e. The Shafi’i and legal theory

4. The Hanbali School

a. Ahmad ibn Hanbal: The Founder
b. Jurists of the School
c. Early Works of the School
d. Influence of the School
e. The Hanbali and legal Theory

5. Other School of Laws

a. The Awzaa’i School
b. The Zaydi School
c. The Laythi School
d. The Thawri School
e. The Zahiri School
f. The Tabari or Jariri School

Prepared by:

Prof. Jashim A. AbdulRahman

Professorial Lecturer