Course Name Code Semester T+U Hours Credit ECTS
The Philosophy Of Islamic Law ISH 504 0 3 + 0 3 6
Precondition Courses
Recommended Optional Courses
Course Language Turkish
Course Level yuksek_lisans
Course Type Optional
Course Coordinator Prof.Dr. HACI MEHMET GÜNAY
Course Lecturers Prof.Dr. HACI MEHMET GÜNAY,
Course Assistants
Course Category
Course Objective

The course aims to give the students an idea about purposes of the law like equality, justice, equity and discuss the opinions of scholars who study in these fields.

Course Content

Rational development od law and its main aims, concept of aim in Islamic legal thought, aims in modern discussion of legal reasoning

# Course Learning Outcomes Teaching Methods Assessment Methods
1 Outline the problem of purpose in Law. Lecture, Question-Answer, Project Based Learning, Testing, Homework, Performance Task,
2 Explain the nature and function of Law. Lecture, Question-Answer, Project Based Learning, Testing, Homework, Performance Task,
3 Restate the place and importance of legal reasoning in Islamic Jurispredence. Lecture, Question-Answer, Project Based Learning, Testing, Homework, Performance Task,
4 Outline the historical development of legal reasoning based on aims in different legal schools. Lecture, Question-Answer, Project Based Learning, Testing, Homework, Performance Task,
5 Evaluate the approach of classical Islamic scholars to legal reasoning. Lecture, Question-Answer, Project Based Learning, Testing, Homework, Performance Task,
6 Evaluate the contemporary discussions on legal reasoning based on aims. Lecture, Question-Answer, Project Based Learning, Testing, Homework, Performance Task,
Week Course Topics Preliminary Preparation
1 The purposes of the law
2 Justice as the ideal and goal of Law
3 The rational development of the law
4 The notion of the philosophy of Islamic law: Makasid (Aims) ve ijtihad (legal reasoning)
5 General principles of reasoning based on Makasid
6 Legal bases of the concept of Makasid
7 The concept of Makasid and Istihsan (equity)
8 The concept of Makasid and Masalih (wise purpose)
9 The development of the concept of Makasid: Juwayni and Gazali
10 The development of the concept of Makasid: Karafi, Iz b. Abd al-Selam, Ibn al-Kayyim
11 The development of the concept of Makasid: Najm al-Din al-Tufi, Shatibi
12 The development of the concept of Makasid: Shah Wali Allah al-Dihlawi, Tahir b. Ashur and Fazlurrahman
13 Contemporary development
14 General evaluation
Resources
Course Notes
Course Resources

[1] Shatibi, el-Muvafakat
[2] M. Tahir b. Aşur, İslam Hukuk Felsefesi, İstanbul 1996
[3] Vecdi Aral, Hukuk Felsefesinin Temel Sorunları, İstanbul ts.
[4] Ahmet Yaman, Makasid ve Ictihad: Islam Hukuk Felsefesi Arastirmalari, Konya 2002
[5] Ahmet Ünsal, İslam Hukukunda Fayda İlkesi, İstanbul 2006
[6] Abdurrahman Haçkalı, İslam Hukuk Tarihinde Gayeci İçtihat Metodunun Gelişimi, İstanbul 2004
[7] Ali Pekcan, İslam Hukukunda Gaye Problemi, İstanbul 2003

Order Program Outcomes Level of Contribution
1 2 3 4 5
1 To gain skill for data collection, consultation of the literature and analysis in relevant area To become skilled at knowledge of methods for the process of scientific research To gain the skill to make contribution to science, at least in one of the theoretical, methodic or practical areas, in the scientific researches To gain thorough competence in critical evaluation and synthesis To gain the skill for production of new ideas To have the capability of interdisciplinary study and gain the skill for adaptation of theory, method and applications of different branches to relevant branch To follow technical, scientific developments and information technologies in relevant area To publish at least an academically work related to the writing of history To gain the skill for communication with the national or international circles of the relevant branch To have behavioral and ethic sensitivity in accordance with academic life X
Evaluation System
Semester Studies Contribution Rate
1. Ödev 60
1. Performans Görevi (Seminer) 40
Total 100
1. Yıl İçinin Başarıya 50
1. Final 50
Total 100
ECTS - Workload Activity Quantity Time (Hours) Total Workload (Hours)
Course Duration (Including the exam week: 16x Total course hours) 16 3 48
Hours for off-the-classroom study (Pre-study, practice) 16 3 48
Mid-terms 1 30 30
Assignment 1 10 10
Performance Task (Seminar) 1 10 10
Final examination 1 10 10
Total Workload 156
Total Workload / 25 (Hours) 6.24
dersAKTSKredisi 6