The relationship between sharia and national law has been a major issue in each of the more than 40 Muslim majority countries which gained independence during the 20th century. Some countries, such as Turkey, opted for a secular approach. Others, like Saudi Arabia, chose to pursue the path of classical sharia as the foundation of their national law. Most countries opted initially for an intermediate solution. Since the 1979 Islamic Revolution of Iran, there has been much concern about global tendencies to Islamize national law, and the repercussions for women, minorities, freedom of religion. and human treatment of criminals.
This course addresses and compares legal developments in five or six selected countries, i.e. Morocco, Egypt, Syria, Afghanistan, Indonesia. It records actual processes of change and reform, whether diverging or converging with rule of law and human rights. It explains major issues of constitutional law, family law, and criminal law, and how legal institutions have decided about such issues, as well as how religious and political forces have influenced the formation and functioning of the law. At the same time this course sheds light on how Islamic law is actually studied and developed by religious scholars, as opposed to how professional, secular jurists study and shape national, secular laws.
Objectives of the course:
- The course has the following objectives:
Acquiring of basic knowledge of the development and functioning of law and legal institutions in the Muslim world, in particular in view of the relationship between sharia (Islamic law) and national law in selected countries. Enhancing critical understanding of academic literature and public debates (English language material) on this subject. Enlarging academic skills of reading academic material in English, analyzing, participating in group discussions, learning to study a new legal system (for law students) or new field of study, i.e. law and religion (for students from humanities or social sciences).
The following achievement levels apply with regard to the course:
After completing the course students will have:
Knowledge and critical understanding of the development and functioning of law and legal institutions in the Muslim world, in particular of the relation between sharia and national law ;
The ability to independently use English language material to critically evaluate the abovementioned subject; and to present their findings in short oral and written presentations.
See: http://www.leidenuniv.nl/rechten/osi/wg/ .
Mode of instruction
Number of (2 hour) lectures: 5
Names of lecturers: Buskens, Otto, and guest lecturers
Required preparation by students: Oral presentation and reading literature
Number of (2 hour) seminars: 5
Names of instructors: Buskens, Otto and guest lecturers
Required preparation by students: Students will have to prepare a weekly assignment to be presented in groups
Other methods of instruction
Number of (2 hour) instructions:
Names of instructors:
Required preparation by students:
- Written exam.
Areas to be tested within the exam
Selected chapters from the book manuscript (see above), selected articles in the reader, subject matter taught in the lectures, the seminars, and all other instructions which form part of the course.
More information on this course is offered in “Blackboard”: http://blackboard.leidenuniv.nl/.
Obligatory course materials
Course information guide:
- Reader, available at Onderwijsmaterialen (KOG, room A.045)
Recommended course materials:
- to be announced
Students have to register for courses and exams through “U-twist”: https://ics06.leidenuniv.nl/tisweb/menu.
Coordinator: Prof. dr. L.P.H.M. Buskens
Work address: Matthias de Vrieshof 4, Room 111B
Contact information: Via secretariat mw K. van Weeren (see below)
Telephone number: +31 (0)71 5272013
Departement: Metajuridica / Jurisprudence
Division: Van Vollenhoven Instituut
Room number secretariat: KOG, room B305, Mw. K. van Weeren
Opening hours: Monday to Thursday 9:00-12:30 to 13:30-16:00
Telephone number secretariat: +31 (0)71 5277769
Belangstellenden die deze cursus in het kader van Contractonderwijs willen volgen (met tentamen), vinden hier meer informatie over kosten, inschrijving, voorwaarden etc.