Islamic Personal Law is the branch of private law that applies to family life (marriage, divorce and maintenance) and the associated matters such as disposal of property inter vivos (gifts, waqf and trust) or testamentary (wills) or through inheritance law. This area of law is still regulated by uncodified or semi codified Sharī‘a/Fiqh even after the advent of modern legislating state all over the Muslim world. However, state legislation increasing plays an important role especially for the promotion of women’s and children’s rights. In this respect, the application of international human rights law in the Muslim world becomes important with regards to Islamic family law.  
 
This course introduces Islamic Personal Law in its historical context in South Asia by exploring its current application in Pakistan and assessing its future both in other parts of the Muslim world and in the West where Muslims lives as minorities. The aim of this course is to enable students to develop a profound understanding of the principles and practices of Islamic family law and to critically engage with contemporary debates about its application in the modern world. In order to achieve this end, comparative references will also be made to English law and Civil law to highlight the distinguishing features of Islamic family law and its interaction with other legal systems. 

Course Material