Description of Individual Course Units
Course Unit CodeCourse Unit TitleType of Course UnitYear of StudySemesterNumber of ECTS Credits
DKA-S420METHODOLOGY OF ISLAMIC LAWElective484
Level of Course Unit
First Cycle
Objectives of the Course
To teach Islamic punishment law with its concepts and principles by comparing positive law
Name of Lecturer(s)
Yrd. Doç. Dr. Mehmet ESGİN
Learning Outcomes
1To understand judicial terms.
2To detect judicial problems and to solve them true and fair manner.
3To understand the boundries of the area of Islamic law which is constant with Nass and inchangable and the bundries of the area which is open to ijtihad.
4To have knowledge about general theory of crime and punishment in Islamic punishment law.
5To To get general and analytic informations about the crimes toward to life, freedom of religion, property and public order and the punishment which are given to these crimes.
6To get knowledge about crimes and punishment in possitive law.
7To get skills to understand, to interpret and to express the texts about the professionalism area.
8To progress advanced studies independently.
9To kow current religious problems and to make solutions to them.
10To critecize his/her informations and skills with scientific method.
Mode of Delivery
Formal Education
Prerequisites and co-requisities
None
Recommended Optional Programme Components
None
Course Contents
General principles about islamic law and possitive law The concepts of crime and punishment, historical developmnet, their sources General elements of crime Had (prescribed) punishments, the crimes which require these punishments [haddü'z-zina, haddü'l-qazf, the hadd punishments which are given to highway robbers (qati'u at-tariq)] Had (prescribed) punishments, the crimes which require these punishments [Hadd aş-şirb, hadd punishments which are given to theft(hadd as-sirkah)] The issues about the crimes commited against life and human body ( the crimes which requires qısas punishments) The issues about the crimes commited against life and human body ( the crimes which requires Diyeh punishments) The male-female discrimination issue with the perspective of Diyet Various issues (Akile, Kasame, equality in punishments, repentence's effects on punishments etc.) The crimes which requires Ta'zir punishments Political crimes and thought crimes Execution of punishments in islamic law The persons whose offences were recognized as crimes and who were not punished Criminal liability, the conditions which weaken and drop criminal liability, the conditions which abolish the quality of crime.
Weekly Detailed Course Contents
WeekTheoreticalPracticeLaboratory
1General principles about islamic law and possitive law
2The concepts of crime and punishment, historical developmnet, their sources
3General elements of crime
4Had (prescribed) punishments, the crimes which require these punishments [haddü'z-zina, haddü'l-qazf, the hadd punishments which are given to highway robbers (qati'u at-tariq)]
5Had (prescribed) punishments, the crimes which require these punishments [Hadd aş-şirb, hadd punishments which are given to theft(hadd as-sirkah)]
6The issues about the crimes commited against life and human body ( the crimes which requires qısas punishments)
7The issues about the crimes commited against life and human body ( the crimes which requires Diyeh punishments)
8Midterm Examination
9The male-female discrimination issue with the perspective of Diyet
10Various issues (Akile, Kasame, equality in punishments, repentence's effects on punishments etc.)
11The crimes which requires Ta'zir punishments
12Political crimes and thought crimes
13Execution of punishments in islamic law
14The persons whose offences were recognized as crimes and who were not punished
15Criminal liability, the conditions which weaken and drop criminal liability, the conditions which abolish the quality of crime.
16Final Examination
Recommended or Required Reading
Mergînânî, el-Hidâye Şerhu Bidâyeti’l-Mübtedi Udeh, Abdulkâdir, et-Teşrî’u’l-Cinâiyyi’l-İslâmi El-Huserî Ahmed, el-Kısas, ed-Diyât, el-İsyânu’l-Musleh fi’l-Fıkhı’l-İslâmi Ebû Zehra, Muhammed el-Cerîmetu ve’l-Ukûbetu fi’l-Fıkhı’l-İslâmi ( el-Ukûbe ) Behnesi, Ahmed Fethi, ed-Diyetü fi’ş-Şerîati’l-İslâmiyye Behnesi, Ahmed Fethi, Tatbîku’l-Hudûd fi’t-Teşri’ti’l-Cinaiyyeti’l-Hadiseti Bilmen, Ömer Nasuhi, Hukuki İslâmiyye ve İstılâhâtı Fıkhıyye Kamusu Acar, H.İbrahim, Diyet Açısından Kadın-Erkek Ayırımı Problemi”,Türkiye Günlüğü, Ankara, 1998.
Planned Learning Activities and Teaching Methods
Assessment Methods and Criteria
Term (or Year) Learning ActivitiesQuantityWeight
Midterm Examination1100
SUM100
End Of Term (or Year) Learning ActivitiesQuantityWeight
Final Examination1100
SUM100
Term (or Year) Learning Activities40
End Of Term (or Year) Learning Activities60
SUM100
Language of Instruction
Turkish
Work Placement(s)
None
Workload Calculation
ActivitiesNumberTime (hours)Total Work Load (hours)
Midterm Examination11010
Final Examination11010
Attending Lectures14342
Self Study16464
TOTAL WORKLOAD (hours)126
Contribution of Learning Outcomes to Programme Outcomes
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1
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9
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10
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11
PO
12
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* Contribution Level : 1 Very low 2 Low 3 Medium 4 High 5 Very High
 
Yozgat Bozok University, Yozgat / TURKEY • Tel  (pbx): +90 354 217 86 01 • e-mail: uo@bozok.edu.tr