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Description of Individual Course UnitsCourse Unit Code | Course Unit Title | Type of Course Unit | Year of Study | Semester | Number of ECTS Credits | DKA-S420 | METHODOLOGY OF ISLAMIC LAW | Elective | 4 | 8 | 4 |
| 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 | 1 | To understand judicial terms. | 2 | To detect judicial problems and to solve them true and fair manner. | 3 | To 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. | 4 | To have knowledge about general theory of crime and punishment in Islamic punishment law. | 5 | To 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. | 6 | To get knowledge about crimes and punishment in possitive law. | 7 | To get skills to understand, to interpret and to express the texts about the professionalism area. | 8 | To progress advanced studies independently. | 9 | To kow current religious problems and to make solutions to them. | 10 | To 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 | |
1 | General principles about islamic law and possitive law | | | 2 | The concepts of crime and punishment, historical developmnet, their sources | | | 3 | General elements of crime | | | 4 | 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)] | | | 5 | Had (prescribed) punishments, the crimes which require these punishments [Hadd aş-şirb, hadd punishments which are given to theft(hadd as-sirkah)] | | | 6 | The issues about the crimes commited against life and human body ( the crimes which requires qısas punishments) | | | 7 | The issues about the crimes commited against life and human body ( the crimes which requires Diyeh punishments) | | | 8 | Midterm Examination | | | 9 | The male-female discrimination issue with the perspective of Diyet | | | 10 | Various issues (Akile, Kasame, equality in punishments, repentence's effects on punishments etc.) | | | 11 | The crimes which requires Ta'zir punishments | | | 12 | Political crimes and thought crimes | | | 13 | Execution of punishments in islamic law | | | 14 | The persons whose offences were recognized as crimes and who were not punished | | | 15 | Criminal liability, the conditions which weaken and drop criminal liability, the conditions which abolish the quality of crime. | | | 16 | Final 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 | |
Midterm Examination | 1 | 100 | SUM | 100 | |
Final Examination | 1 | 100 | SUM | 100 | Term (or Year) Learning Activities | 40 | End Of Term (or Year) Learning Activities | 60 | SUM | 100 |
| Language of Instruction | Turkish | Work Placement(s) | None |
| Workload Calculation | |
Midterm Examination | 1 | 10 | 10 | Final Examination | 1 | 10 | 10 | Attending Lectures | 14 | 3 | 42 | Self Study | 16 | 4 | 64 | |
Contribution of Learning Outcomes to Programme Outcomes | LO1 | | | | | | | | | | | | | LO2 | | | | | | | | | | | | | LO3 | | | | | | | | | | | | | LO4 | | | | | | | | | | | | | LO5 | | | | | | | | | | | | | LO6 | | | | | | | | | | | | | LO7 | | | | | | | | | | | | | LO8 | | | | | | | | | | | | | LO9 | | | | | | | | | | | | | LO10 | | | | | | | | | | | | |
| * Contribution Level : 1 Very low 2 Low 3 Medium 4 High 5 Very High |
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Yozgat Bozok University, Yozgat / TURKEY • Tel (pbx): +90 354 217 86 01 • e-mail: uo@bozok.edu.tr |
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