PRU ISL 105/NEU ISL 105 I 24/24 (3 CREDITS UNITS LH 45)
COURSE DESCRIPTION
Islamic Legal Writing and Communication Skills is a course designed to help students develop the critical writing and communication skills needed for success in their legal studies, as well as their future career. The course focuses on providing guidance on how to write legally sound documents such as essays or reports, judicial opinions, memos, briefs, contract drafting/clauses etc., based upon knowledge of Islamic principles (usul al fiqh) related to evidence, sources of law and precedent. Additionally, it covers techniques for effective oral advocacy & dispute resolution according to Shari'ah principles. This course covers the basics of legal writing and communication in an Islamic context. It is designed to equip students with the skills necessary for strong advocacy within Shari’ahcompliant parameters, including legal research methods, persuasive writing tactics, drafting documents related to Islamic law (such as fatwa’s), analyzing court opinions written by Shari’ah scholars, understanding core concepts of Raas Al Kabeer or Big Frame theory from Shari’ah perspective and developing effective oral arguments according to relevant Sunni school customs around jurisprudence.
LEARNING OUTCOMES:
At the end of this course, students should be able to:
1. effectively communicate their legal position within a Shari’ah framework;
2. accurately assess books based on Maliki evidence criteria and refer back to Ijtihad when required;
3. write both comprehensive judgments while facing difficult principles-based cases;
4. formulate simple raqamat that can guide litigants through complex issues relating especially Marriage Disputes & Dissolutions applications;
5. analyze wajibiyyat/mustahabb judgement segments as well as Hukm-e-Ashab sections wherever applicable when dealing with disputes such as negligence claims etc.;
6. apply authentic sources like Quran verses coupled with other primary resource materials developed where appropriate when resolving matters involving Inheritance shares among others.
COURSE CONTENTS:
Course contents: Fundamentals of Islamic legal communication and writing skills. Basic principles of Shari'ah. Models for interpreting law. Traditional sources and research methods in Islamic Law. Meaning of Communication and Writing from Islamic law perspectives. Modes of legal communication in Islamic law (oral, written, gesture). Understanding Arabic as the language of Islamic law and Its significance. Techniques of Arabic-English Translation and Transliteration. Common Legal Terms in Islamic Law (Shari’ah; Fiqh; Maqasid; Fatwa; Hukm; Waqjib; Mustahab; etc). Types of Legal writings in Islamic Law. Limitations of Legal research, writing and communication in Islamic law. Contemporary trends relating to modernity’s impact upon Muslim societies and responses to it from an Islamic perspective. Ethical considerations regarding professional roles in communicating the laws verbal or written capacities concerning Muslims rights/obligations towards non-Muslims under treaty agreements. Mapping socio-cultural orientations regarding dispute resolution through Quranic teachings (such as mediation). Ways to communicate effectively within digital spaces that are sensitive to cultural contexts including facial expressions and body language gesturing. Adaptive approaches when handling legitimate issues arising out of a crossdisciplinary interaction between religious experts with layman public. How to craft compelling messages that adhere to proper standards of Islam. How to understand arguments within Islamic texts. Communication of legal positions in the face of divergences among Islamic law schools (Jumhur; Mashoor; Taqlid; Jadeed; Qadeem views). An introduction to core concepts related to language, textuality, reasonability/rationality. Foundational frames for argumentation. Identification techniques associated with ta’wīl (explanatory interpretation) purposes and jurisprudence evidence sources. Methodology related document synthesis including drafting contracts and legalese proficiency. Various forms of audio-visual content such as scriptwriting or talk shows from an Islamic legal perspective. Practical exercises involving reading primary source documents, making persuasive presentations utilizing multimedia tools, research-based projects about timings for action. Taking decisions in accordance with Islamic laws etc. Legal consequences of writing and communication in Islamic law (critical study of relevant verses of the Quran and Hadith). Interviewing Techniques & Oral Presentations Strategies.
- Teacher: Maryam Bornoma