| Course Name | Code | Semester | T+U Hours | Credit | ECTS |
|---|---|---|---|---|---|
| Islamic Family Law | ISH 602 | 0 | 3 + 0 | 3 | 6 |
| Precondition Courses | |
| Recommended Optional Courses | |
| Course Language | Turkish |
| Course Level | Doctorate Degree |
| Course Type | OPTIONAL |
| Course Coordinator | Prof.Dr. HACI MEHMET GÜNAY |
| Course Lecturers | Prof.Dr. OSMAN GÜMAN, |
| Course Assistants | |
| Course Category | Other |
| Course Objective | Islamic family law, unlike many of the other parts of law, has been effective and part of the existing legal orders of the many Muslim countries. This course will discuss the implication of the classical doctrine of family law with particular emphasis on its modern adaptations. |
| Course Content | Overview of the Classical family law in Islam, codification of the family law in the modern period, new trends and interpretations in the field of Islamic family law, some problematic issues in modern Islamic family law |
| # | Course Learning Outcomes | Teaching Methods | Assessment Methods |
|---|---|---|---|
| 1 | Analyze the classical issues of Islamic family law in depth. | Lecture, Question-Answer, Observation, | |
| 2 | Recognize the classical Islamic family law literature. | Lecture, Question-Answer, Observation, | |
| 3 | Explain the codifications of Islamic family law in the modern period. | Lecture, Question-Answer, Observation, | |
| 4 | Debate some problematic issues in modern Islamic family law. | Observation, Lecture, Question-Answer, | |
| 5 | Evaluate new trends and enterpretations in the field of Islamic family law. | Lecture, Question-Answer, Observation, | |
| 6 | Evaluate some controversial issues in the context of western notions and standards of human rights. | Lecture, Question-Answer, Observation, |
| Week | Course Topics | Preliminary Preparation |
|---|---|---|
| 1 | Overview on classical family law in Islam on the basis of classical fiqh literature | |
| 2 | Codification of Islamic family law during the Ottoman period: The Code of Personal Status 1917 | |
| 3 | Attempts to reform muslim family law in contemporary Islamic countries and communities | |
| 4 | Muslim family law with western notions and standards of human rights | |
| 5 | The recognition and application of Islamic Family Law in predominantly non-Islamic countries | |
| 6 | Nikah (marriage), its definition, pillars and conditions related to it | |
| 7 | The administrative requirement of registration of marriage and disputes relating to unregistered marriages | |
| 8 | Nullity and invalidity of marriage: The theory of butlan and fesad in marriage | |
| 9 | Types of Divorce (Talak), the concept of Raj’ah, baynuna and Iddah and their rulings | |
| 10 | Marriage and post-divorce maintenance according to different fiqh school and opinions | |
| 11 | The limits of the wife’s duty to obey her husband and modern legal conseption: The conception obedience (itaa) and disobedience (nushuz) | |
| 12 | Paternity and and custody of children in comperative islamic family law | |
| 13 | Some problematic issues in Islamic family law: Age of marriage, marriage guardianship, marriage ton on-muslim, polygamy. | |
| 14 | Some problematic issues in Islamic family law (Temporary marriage, Triple talaq, judicial divorce and divorce right for wife… |
| Resources | |
|---|---|
| Course Notes | |
| Course Resources | 1. M. Akif Aydın, İslâm-Osmanlı Aile Hukuku, İstanbul 1985 |
| Order | Program Outcomes | Level of Contribution | |||||
|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | |||
| 1 | Program Öğrenme Çıktıları 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 | |||||
| # | Contribution of Course Learning Outcomes to Program Outcomes | PÇ 1 |
|---|---|---|
| 1 | Analyze the classical issues of Islamic family law in depth. | |
| 2 | Recognize the classical Islamic family law literature. | |
| 3 | Explain the codifications of Islamic family law in the modern period. | |
| 4 | Debate some problematic issues in modern Islamic family law. | |
| 5 | Evaluate new trends and enterpretations in the field of Islamic family law. | |
| 6 | Evaluate some controversial issues in the context of western notions and standards of human rights. |
| 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 | 4 | 64 |
| Mid-terms | 1 | 10 | 10 |
| Assignment | 1 | 10 | 10 |
| Performance Task (Seminar) | 1 | 10 | 10 |
| Final examination | 1 | 10 | 10 |
| Total Workload | 152 | ||
| Total Workload / 25 (Hours) | 6.08 | ||
| dersAKTSKredisi | 6 | ||