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Sulwaan School (Online - 4)

2013-01-21
January 21, 2013

SULWĀN SCHOOL
(مدرسةُ السلوان)

Usūl & General Fiqh

Instructor: Ahmad ‘Alī al-‘Adanī
Course Format: 12 downloadable sessions; 3 live sessions
Starts On: 4 March 2013
Length: 2 annual terms / 4-year course
Term: First term (12 weeks)
Course ID: LT&AL1-1/2013
Faculty: Fiqh
Division: Legal Theory & Applied Law
Department: Usūl al-Fiqh

Summary

“An innovative and unprecedented guide to developing a true ability to think legally and work out juristic solutions”

In this incisive course, participants will attain both a methodical and a panoramic insight into the building blocks of the Law, its arch-principles, its diverse paths, and how to effectively use the primal material by actively intervening in the lives of individuals and communities in today’s world.

Details

The Islamic West is in dire need of producing leaders in knowledge who know the inner workings of the Law and its application to modern conditions; who are enriched by the past so as to steer their Muslim co-nationals in a vibrant present toward a prosperous future.

This course kicks off with a full, chapter-by-chapter study of a creative work on usūl al-fiqh co-edited by the instructor’s late teacher Muhammad ash-Shādhilī an-Nayfar, Madkhal ilā Usūl al-Fiqh al-Mālikī.
It is strongly recommended to “complete” it by registering for the second term (which is of course priced separately) *, since the first two terms jointly produce the primal and filling dough which will subsequently help feed the students of our online school with several nutritional recipes.  
The second term deals, in each of its 12 lessons, with one important source-topic of the Law: From arch-rules to methodological variations, from terminological tools to hierarchical evaluation of reference books.
A lesson-per-lesson program is detailed here under for both the first and the second terms of this subject.

* If, however, participants would like to register in advance for the first two terms at once, a special compound price would be proposed, given that, in a quintessential sense, they go hand-in-hand as the formative bedrock of this 4-year course.

a) First Term

Lesson 1

•    Is there a Mālikī way to usūl al-fiqh? It includes an overview of the two historically dominant approaches in this science

Lesson 2

•    Legal meaning: Language & logic; Linguistic implications; Deducing legal judgments in accordance with linguistic rules

Lesson 3

•    The different legal values (from obligatory to forbidden); The three agreed upon sources of the Law (the Book; the Sunnah; Consensus)

Lesson 4

•    Ijtihād and qiyās (illustrated by examples)

Lesson 5

•    Considerations of unrestricted public interest or masālih mursalah (illustrated by examples) and recourse to them in the various madhāhib. The validity of this source in our age and abuses of its concept

Lesson 6

•    Inferential sources: Blocking the means to evil; Presumption of continuity; The Law as established by earlier Revelations; Custom (illustrated by examples)

Lesson 7

•    Mālik’s usūl distilled from the Muwatta’ (as further elucidated in Ibn ‘Abdi’l-Barr’s At-Tamhīd and Judge Abū Bakr b. al-‘Arabī’s Al-Qabas) – Concrete textual examples

Lesson 8

•    Mālik’s usūl distilled from the Muwatta’ (as further elucidated in Ibn ‘Abdi’l-Barr’s At-Tamhīd and Judge Abū Bakr b. al-‘Arabī’s Al-Qabas) – Concrete textual examples - Continued

Lesson 9

•    Usūl distilled from the Mudawaanah and al-Qādī ‘Iyād’s At-Tanbīhāt – Concrete textual examples

Lesson 10

•    Usūl distilled from the Mudawwanah and al-Qādī ‘Iyād’s At-Tanbīhāt – Concrete textual examples - Continued

Lesson 11

•    The causes of disagreement among the schools of jurisprudence

Lesson 12

•    Glossary of usūlī terms, roster of principal Mālikī usūliyyīn, first-rate works in the science and their classification

b) Second Term **

** The full course card of this second term will naturally be presented when registration for it commences

Lesson 1

•    The different regional schools in the madhhab of Mālik, furnished with practical illustrations from masā’il, and our current position vis-à-vis such diversified legacy: Are we bound to stay within the perimeter of the late Egyptian school?  

Lesson 2

•    The essential terminological tools of the Mālikiyyah, with a special emphasis on the mashhūr-rājih poles. Practical examples (past and present) of veering away from the mashhūr. The attitudes of contemporary Mālikī scholars, including those in the Islamic West, on the issue of adherence to the mashhūr, and the suggested way forward

Lesson 3

•    The sources of the Law among the Mālikiyyah, and the exploration of both similarities and differences with the other madhāhib in this connection

Lesson 4

•    Madinan ‘amal: Entrenching theoretical and practical understanding of essential aspects of its reality

Lesson 5

•    The mother-books of the Mālikī madhhab

Lesson 6

•    The legitimate scope of custom and regionally-based judicial precedents / practices in today’s Islamic West, and suggested steps

Lesson 7

•    Fundamental Mālikī literature on jurisprudence and hierarchical appraisal thereof

Lesson 8

•    Basic definition of qawā`id, kulliyyāt, dawābit, nazā’ir and furūq fiqhiyyah (all illustrated by examples), and the foremost Mālikī texts on each such discipline

Lesson 9

•    Survey of judgeship and judicial procedure and the prominent writings in the field by Mālikī authors

Lesson 10

•    The purposive approach inherited from Mālik via ash-Shātibī: Modern uses and abuses of the approach

Lesson 11

•    Taqlīd, ijtihād or a median approach?
•    Comparative fiqh and Mālikī pioneers in the field

Lesson 12

•    The publication of Mālikī literature: Leading publishers and regional epicenters

Requirements & Prerequisites

None.

NB:

The 3 live sessions are held after the 4th, 8th and 12th lessons respectively for each of the two terms.


 



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