EXPLORING THE SHARIA: ISLAMIC LAW

The platform of every modern “Islamist” political party calls for the implementation of “the shari‘a.” This term is invariably (and incorrectly) interpreted as an unchanging legal code dating back to 7th century Arabia. In reality, Islamic law is an organic and constantly evolving human project aimed at ascertaining God’s will in a given historical and cultural context. This course offers a detailed and nuanced look at the Islamic legal methodology and its evolution over the last 1400 years. The first part of the semester is dedicated to “classical” Islamic jurisprudence, concentrating on the manner in which jurists used the Qur’an, the Sunna (the model of the Prophet), and rationality to articulate a coherent legal system. The second part of the course focuses on those areas of the law that engender passionate debate and controversy in the contemporary world. Specifically, we examine the discourse surrounding Islamic family (medical ethics, marriage, divorce, women’s rights) and criminal (capital punishment, apostasy, suicide/martyrdom) law. The course ends by discussing the legal implications of Muslims living as minorities in non-Islamic countries and the effects of modernity on the foundations of Islamic jurisprudence. This class is designed for students interested in a close examination of the Islamic legal system; it is not a broad introduction to the Islamic religion. The format of the class will vary from topic to topic but students should anticipate *extensive* participation through in-class debates.