1  Name of Course Islamic Constitutional And Administrative Law
2 Course Code LAB2042
3 Instructor
4 Rational for the Inclusion of the Course in the Programme To equip the students with the knowledge and skills on Islamic constitutional and administrative theory and practice which is relevant to contemporary legal studies.
5 Semester and Year offered Semester 4 (Year 2)
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

 14  0  9  9  15  9  8

 92

 

7 Credit Value 2 (92/40=2.3)
8 Pre-requisite (if any) None
9 Learning outcomes Upon successful completion of this course, students should have the ability to:

  1. explain the nature and sources of Islamic constitutional and administrative law (LO1-C2)
  2. discuss the fundamental principles and unique approaches found in Islamic constitutional and administrative law (LO6-A2)
  3. comprehend and apply the Syariah terms and principles related to constitutional and administrative law in modern constitutional parlance and context (LO9-A2)
10 Transferable skills Students should be able to develop acquire good written and interpersonal communication, team work and leadership, problem solving and analytical skills.
11 Teaching-Learning and Assessment Strategy Teaching-learning strategy:

The course will be taught through a combination of formal lectures, involvement in tutorial discussion, exercises, group work, using primary sources and authentic materials, informal activities and relevant textbooks. Practical experience and independent and collaborative teamwork will be fostered throughout the course. Some reference to modern constitutional practices will also be made for comparison. The use of examination, tutorial questions for preparation and discussion and written and oral presentation or reporting  will assess the student’s understanding and ability to apply theoretical concepts in context.

Assessment strategy:

  • Formative
  • Summative
12 Synopsis This course discusses the relationship between syariah and state and the definition and sources of Islamic constitutional and administrative law.  It also explains the Islamic constitutional principles, and examines the attributes and characteristics of Islamic state, the system of khilafator imamahand nation state, the concept of the supremacy of syariah, the principles of cadalah, the practice and importance of syura and also its connection with democracy and theocracy and other modern constitutional theories and practices.

Discussion will also touch on other principles such as human rights, equality and matters related to the constitution and powers of government bodies and principles of administrative law.   Early constitutional practices and conventions such as the Constitution(Sohifah) of Madinah will also be examined.  Constitutional development will also highlight the contemporary constitutional practices that particularly occur in some Muslim countries.  Students will also be required to understand how the principle of siyasahsyar’iyyah plays its role in the development of Islamic constitutional and administrative law.

13 Mode of Delivery Lecture, tutorial, class discussion and 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 Concept and Relationship between Syariah and State
2 Islamic Political Theory Study of Constitutional and Administrative Law
3 Definition of Constitutional and Administrative Law and the Islamic Point of View
4-5 Sources of Islamic Constitutional and Administrative Law
6-7 Fundamental Principles of Islamic Constitutional and Administrative Law
8-9 Powers or Organs of State
10-11 Some Aspects of Islamic Administrative Law
12 Islamic Constitutional Approach to Human Rights
13-14 Application and Constitutional Practices in Modern Times
17 Main references
  1. Abdul Samat Musa, ”Islam dan Undang-undang Perlembagaan dan Pentadbiran”,Isu Syariah dan Undang-undang Pusat Teknologi Pendidikan,UKM,Bangi,1998.
  2. Maududi, Islamic Law And Constitution, Lahore, 1986
  3. Muhammad Asad, The Principles Of State And Government In Islam, Dar Al-Andalus, Gibraltar, 1980.
  4. Muhamed S. El-Awa, On The Political System Of The Islamic State, American Trust Publications, Cairo, 1978.
18 Additional references
  1. Khaled Abou El Fadl, Islamic Law And Muslim Minorities : The Juristic Discourse On Muslim Minorities From The Second/Eight To The Eleventh/Centuries” Islamic Law Society, Vvol. 1 No. 2, August 1994
  2. Razali Nawawi, “The State And Shariah” IIU Law Journal, Vol. 2, No. 1, Jan 1992, PP. 38.51
  3. G Weeramantary, Islamic Jurisprudence – An International Perspective, The Macmillan Press Ltd., London , 1988
  4. Rahimuddin Kemal, The Concept Of Constitutional Law In Islam, Karachi.
  5. Selected constitutions of Muslim countries.Eg,The Constitution Of The Islamic Republic Of Pakistan, Edited And Introduced By Makhdoom Ali Khan, Pakistan Publishing House, 1986.

 

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 nature and sources of Islamic constitutional and administrative law (LO1-C2) 3                 Classroom lecture and discussion Written test

Presentation

2-describe the fundamental principles and unique approaches found in Islamic constitutional and administrative law (LO6-A2)            3       Lecture, Tutorials and Presentation Instructor evaluation of the presentation
3-comprehend the syariah terms and application of principles related to constitutional and administrative law in modern constitutional parlance and context(LO9-A2)                 3 Assignments Instructor evaluation of the assignment