1  Name of Course Jurisprudence
2 Course Code LAC5243
3 Instructor
4 Rational for the Inclusion of the Course in the Programme LAC5243 is one of the core subjects for SMSU program. The aim of this course is to familiarize the students with some important legal concepts, especially morality, justice, judicial precedent, and rights and duties; to enable the student to learn the similarities and differences between western and Islamic legal theories and concepts, and bring out the distinguishing features of the later; to encourage the student to explore the role of law and lawyers in the society with special reference to Malaysia; and to instil the capability among the student to study and solve contemporary socio-legal problems.
5 Semester and Year offered Semester 10 (Year 5)
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  10  10  26  10  5  3

 120

7 Credit Value 3 (120/40 = 3.0 )
8 Pre-requisite (if any) None
9 Learning outcomes At the end of this course, students are able to:

  1. Describe various jurisprudential legal theories, like natural law theory, positivism, historical and social dimensions of law, and realism, the concepts of justice, morality, judicial precedents and rights and duties both from western as well as from the Islamic perspective; (LO1-CT4-K4)
  2. Apply these theories and concepts to solve various social problems; (LO3-PS3-P5)
  3. Prepare research skills for conducting inter-disciplinary studies. (LO5-TS4-A5).
10 Transferable skills Students should be able to develop good written and interpersonal communication, team work and leadership, problem solving through the process of lectures, tutorials and other activities that the instructor seem suitable.
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 The course deals with ‘legal theories’ and ‘legal concepts’. These will include the following: nature and scope of jurisprudence and its relevance in the contemporary world; nature, scope and function of law as given by various schools of thought. The approach will be both expository and sensorial. Attempts will be made to determine the relevance of various legal theories in the modern legal systems.  The concepts of justice, morality and their relationships with law; sources of law with special reference to judicial precedents; and rights and duties will also be discussed.

Relevant aspects of Islamic jurisprudence, wherever required, will be discussed.

13 Mode of Delivery Lecture, tutorial, class discussion and presentation.
14 Assessment Methods and Types
No. 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
Week Topic
1 Introduction to jurisprudence
2-3 What is law and its sources
4 Theories of law
5-6 Law as rules and as morality
7-8 Law as justice
9-10 Law as freedom
11-13 Law as equality
14 Law and society

Content Outline and the SLT per Topic

17 Main references 
  1. Haswira Nor Mohamad Hashim & Anida Mahmod. (2006) Law, Morality, Justice, Freedom and Equality: The Underlying Concepts. Kuala Lumpur: McGraw – Hill.
  2. Kamali, M. H. (1999). Principles of Islamic Jurisprudence, Kuala Lumpur: Ilmiah Pub.
  3. Anwarul Yaqin. (1997) Law and Society in Malaysia. Kuala Lumpur: International Law Books Services.
  4. Dias, R.W.M (1985).  5TH Edition. Jurisprudence, London: Butterworth.
  5. Fitzgeerald, P.J. (1966). Salmond on Jurisprudence, Sweet & Maxwell, 1966.
18 Additional references
  1. Abdul Haseeb Ansari (2005). Morality and Law: A Comparative Assessment. Journal of Islamic Law Review. 1-15.
  2. Abdul Haseeb Ansari (2006). Law and Justice; A Comparative Appraisal. Journal of Islamic Law Review, 111-123.
  3. Abdul Haseeb Ansari (2007). Judicial Precedents: An Expository Study of Civil Judicial System and Shari‘ah Court System. Journal of Islamic Law Review. 129-163.
  4. Abdul Haseeb Ansari (2009). Custom as A Source of Law. JILR, (2009), 1-19.
  5. Abdul Haseeb Ansari and Saad Abu Elgasim (2006). Rights and Duties in Civil Law and Shari‘ah. Journal of Islamic Law Review. 141-161.

 

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-    Describe various jurisprudential legal theories, like natural law theory, positivism, historical and social dimensions of law, and realism, the concepts of justice, morality, judicial precedents and rights and duties both from western as well as from the Islamic perspective; (LO1-CT4-K4) 3                 Classroom lecture and discussion Written test presentation
2-   Apply these theories and concepts to solve various social problems; (LO3-PS3-P5)     3             Lecture, Tutorials and Presentation Instructor evaluation of the presentation
3-    Prepare research skills for conducting inter-disciplinary studies. (LO5-TS4-A5).         3         Assignments Instructor evaluation of the assignment