1  Name of Course Islamic Law of Property
2 Course Code LAB2033
3 Instructor
4 Rational for the Inclusion of the Course in the Programme This course is expected to develop the ability of students to understand the divine sources on the power of ownership and the right of  disposing  propertiies under the Islamic law. In addition, it requires the students to analyse the current laws on Islamic wealth management within the given scope of the course.
5 Semester and Year offered Semester 6 (Year 3)
6 Student Learning Time

Face to face Independent learning Formal Assessment Total
Teacher centered Student Centered Learning Non face to face Revision Assessment Preparation Continuous Assessment Final Exam
Lecture T O

 28

 28  0  14  14  25  10  3

 122

7 Credit Value 3 (122 / 40 = 3.005)
8 Pre-requisite (if any) None
9 Learning outcomes At the end of semester, students will be able to:

  1. To explain the basic structure of property law in Islam and identify various properties under the administration of State Islamic Religious Council. (LO1-C2)
  2. To apply and resolve problems relating to Islamic Law of property. (LO2-CTPS3)
  3. To Identify and evaluate specific issues related to Islamic properties in Malaysia. LO8-LL3)
10 Transferable skills Students should be able to develop good written and interpersonal communication skills, teamwork, leadership and problem-solving skills through a process of lectures and tutorials.
11 Teaching-Learning and Assessment Strategy Teaching-learning strategy:

The course will be taught through a combination of formal lectures, exercises, group work, using authentic materials, informal activities and various textbooks. Practical experience and collaborative teamwork will be fostered throughout the course. The use of examination and internal reporting assessment will assess the student’s ability to apply theoretical concepts in context.

Assessment strategy:

  • Formative
  • Summative
12 Synopsis This course is intended to teach students the different legal schools of thought, classifications of law and the terms and phrases that are commonly used in law. Students will also be taught the historical background of the Malaysian legal system and the sources of law including the Federal Constitution, statutes, common law, equity, judicial precedents, Islamic law and customary laws. This course will also discuss the meaning of binding precedent, persuasive authority, ratio decidendi, obiter dictum and the methodology on how to read, interpret and apply case law in dealing with legal issues. In addition, the procedure to enact law and the rules to interpret statutes will also be highlighted.
13 Mode of Delivery Lecture, tutorial, class discussion, mini seminar or presentation.
14 Assessment Methods and Types
  Item Percentage
1. Continuous Assessment 40%
2. Final examination 60%
  Total: 100%
15 Mapping of the Course Learning Outcome/Module to the Programme Learning Outcomes Refer to attachment
16 Content Outline and the SLT per Topic

Week Topic
1 Introduction to Islamic Law of Property – Origin of the Property Law in Islam; Sources of Islamic Law of property
2 Concept of Property Rights and Acquisition
3-4 Administration of Wakaf Properties in Malaysia
5 Current Rate of Zakat and Power to Collect Zakat
6-7 Zakat on Income and the Method of Distribution
8-9 Administration of Bait-ul-Mal in Malaysia -Definition; Objectives and functions of Bait-ul-Mal; Development of Bait-ul-Mal in Malaysia
10-11 Administration of Muslim Estates in Malaysia; Concept, Conditions and Method of Distribution of Inheritance Properties in Malaysia; Administration of Wills in Malaysia
12 The Position of Hibah and its Implementation in Malaysia
13 Nominees’ and Saving Properties
14 The Position of Harta Sepencarian and its implementation in Malaysia

*Note: Total = 125 hours

17 Main references
  1. Al-Qaradawi, Yusuf. (1999). Fiqh az-Zakat: A comparative Study. London: Dar Al Taqwa Ltd.
  2. Ziadeh, Farhat. (1979). Property law in the Arab World: Real rights in Egypt, Iraq, Jordan, Lebanon, Libya, Syria, Saudia Arabia, and the Gulf States. London: Graham & Trotman.b
  3. Pawanceek Marican. (2004). Islamic Law of Inheritance Laws in Malaysia. Kuala Lumpur: Lexis Nexis

Related cases

18 Additional references 1.   Coulson, N. J. (1970). Succession in the Muslim family. Cambridge: Cambridge University Press.

2.   Farhat Ziadeh. (1993). Property Rights in the Middle East: From Traditional Law to Modern Codes. Brill.

3.   Hj. Abdul Kader Hj. Ismail. 1983. Sistem Pusaka Islam. Kuala Lumpur: Dewan Bahasa dan Pustaka.

4.   Mohd Ridzuan Awang. 1986. Undang-Undang dan Pentadbiran Harta Pusaka Orang Islam di Malaysia. Kuala Lumpur

5.   n. a. Majallat al-Ahkam. (1967). Pakistan: Law Publishing Company.

 

COURSE LEARNING OUTCOMES, DELIVERY AND ASSESSMENT TEMPLATE

Course Learning Outcomes Compliance to PO Teaching & Learning Activities (TLAs) Assessment Tasks (ATs)
 

PO1

LO1

PO2

LO2

PO3

LO3

PO4

LO4

PO5

LO5

PO6

LO6

PO7

LO7

PO8

LO8

PO9

LO9

   
  K CTPS CS TS EM LL     KK LS    
1-explain the basic structure of property law in Islam and identify various properties under the administration of State Islamic Religious Council. (LO1-C2) 3                 Classroom lecture and discussion Written test
2-explain problems relating to Islamic Law of property. (LO2-P2)    3               Presentation Instructor evaluation of the presentation
3-explain specific issues related to Islamic properties in Malaysia. (LO8-P2)                3   Assignment Instructor evaluation of the assignment