Description and Objectives

This course is comprised of selected Arabic text from Ibn Rushd’s one of the prominent books, Bidayat al-Mujtahid (The Distinguished Jurist’s Primer).Ibn Rushd was a Maliki Jurist (Qadi) but presents the views of other schools (Hanifi, Shaf'ee, hanbali & Zahiri) with the usual Respect and objectivity. This book is among the best known example of the Shari'a science of Ilm al Khilaf (the knowledge of variant ruling) It is one of the most well known works of ilm-ul- Khilaf, a discipline that records and analyses the differences among Muslim Jurists.

Ibn Rushd’s Bidayat al-Mujtahid (The Distinguished Jurist’s Primer) occupies a unique place among the authoritative manuals of Islamic law. It is designed to prepare the jurist for the task of the mujtahid, the independent jurist, who derives the law and lays down precedents to be followed by the judge in the administration of justice. In this manual Ibn Rushd traces most of the issues of Islamic law, describing not only what the law is, but also elaborating the methodology of some of the greatest legal minds in Islam to show how such laws were derived.

Intended Learning Outcomes

This text provides a still-relevant basis for the interpretation and formulation of Islamic law. Combining his legal and philosophical knowledge, Ibn Rushd transcends the boundaries of different schools and presents a critical analysis of the opinions of the famous Muslim jurists and their methodologies.

The legal subject areas covered include marriage, how to conduct the affairs of relationships, how to marry, who can be married, what is required for marriage, how to divorce, rights and responsibilities of divorce, who takes guardianship, who has financial responsibility, etc.

Readings

مجوزہ کتب:
 وھبہ الزخیلی، الفقہ الاسلامی وادلتہ
عبدالحمن الجزیری، الفقہ علی المذاہب الربعہ
ابن حزم، شرح بدایۃ المجتہد
المرغینانی، ہدایۃ

Contents

ا۔ کتاب النکاح

ب۔ کتاب الطلاق

Course Schedule

Assessment Criteria

Distribution of Marks:

Sessional 05

Project 05

Presentation 05

Participation 05

Mid Exam 30

Final exam 50