Version June 2006
1. Title of subject Islamic Legal History
2. Subject code PIH0015
3. Status of subject Foundation
4. Version Date of Previous Version: May 2005
Date of Current Version: June 2006
5. Credit hour 3
LAN’s Credit Hour 3.05
6. Semester Trimester III, Pre-University / Foundation Year
7. Pre-Requisite Nil
8. Method of delivery Lectures and Tutorials
Final Examination 50%
10. Teaching staff Ahmad Zainal Abidin, Nilofar Mohd Kamil
11. Objective of
subject 1. To familiarize the students with the historical development of Islamic Law.
2. To advance a comparative view of the doctrines and principles of Shariah and that of
3. To help the students understand the development of the Islamic Jurisprudence from the
period of Prophet Muhammad (p.b.u.h) until the period of the Abbasids.
4. To examine the methods of legislation being implemented throughout the history and
ways of interpreting the law.
12. Learning At the end of the course, students should be able to:
Outcomes of Subject
1. Understand the meaning and concept of law in Islam
2. Differentiate between Islamic Law and man-made law
3. Appreciate the historical development of Islamic Legal System from the period of
Prophet till the period of Abbasids.
4. Analyse the factors that brought to the formation of mazahib.
5. Understand the emergence of period of taqlid.
Programme Outcomes % of contribution
Acquisition and application of basic principles of law 50
Strong basic knowledge to pursue degrees in law
Dedicated, committed, professional and ethical in
carrying out duties and responsibilities 10
Ability to communicate and interact effectively and
confidently at all levels 10
13. Synopsis of subject In this course students will be exposed to the basic knowledge on the development of
Islamic Legal System from the period of Prophet Muhammad (s.a.w) to the period of
Abbasids Dynasty. Discussion covers the method and approach of the jurists in making
fatwa, deciding cases, development of major schools of thought (mazahib) and Taqlid.
Kursus ini akan menekankan kepada pengetahuan asas perkembangan Sistem Perundangan
Islam daripada zaman Nabi Muhammad (s.a.w), para sahabat hingga kepada zaman
pemerintahan Kerajaan Abasiyyah. Perbincangan meliputi cara-cara dan pendekatan ulama-
ulama fiqah dalam membuat fatwa, memutuskan penghakiman, serta perkembangan
mazhab-mazhab terbesar dan zaman taqlid.
14. Details of subject Contents Lectures Tutorials
Introduction 6 2
Meaning of Law
Necessity for the existence of law
Definition of Islamic Law (Shariah & Fiqh);
Objectives of Islamic Law (5 basic principles)
Difference between Shariah and Fiqh; Difference between Islamic
Law and man-made law.
Pre Islamic Background 3 1
Rule, customs and practices of the people of Arabia before the
arrival of Islam
Period of the Prophet 3 1
Revelation of the Quran, Makki and Madani period; Characteristics
and methods of Legislation; Ijtihad of the Prophet
Period of the Companion (Sahabah) 5 2
Development of fiqh during the period of sahabah
Method and approach of Khulafa’ al-Rashidin in legislation and
Period of Ummayads Dynasty 5 2
Kharijites, Shiahs & Sunni; Early development of Islamic Law;
Narration and Fabrication of Hadith; Origin of early school of
Law; Ahl-Ray; Ahl-Hadith
Formation of School of Legal Thoughts (Mazahib) 4 1
Hanafi Schools, Maliki Schools.
Period of Abbasid Dynasty 4 2
Shafie Schools, Hanbali Schools; Differences of opinion (Al-
Ikhtilaf) and its causes
Period of Stagnation and Decline 4 2
Definition; Emergence of Blind Imitation (Taqlid) and its reasons
Total Contact Hours 34 13
LAN’s Equivalent Credit Hours 2.43 0.62
15. Text Dr Abu Ameenah Bilal Philips, The Evolution of Fiqh, A.S Nordeen , Kuala
1. Abdul Rahman Idoi, Shariah the Islamic Law, A.S Noordeen, Kuala Lumpur
2. Anwar Ahmad Qadri, Islamic Jurisprudence in the Modern World, Taj Company,
3. Mahmasani, Subhi, Philosophy of Jurisprudence In Islam,(Falsafat al-Tasri’ fi al-
Islam), Penerbitan Hizbi, Malaysia, 1987
4. Hassan, Ahmad, Early Development of Islamic Jurisprudence, Islamabad, Pakistan,
5. Ramadhan, Said, Islamic Law Its Scope and Equity, Geneva, 1970
6. Lawrence Rosen, Justice of Islam: Comparative Perspectives on Islamic Law and
7. David S. Powers, Law, Society & Culture in the Maghrib, 1300-1500, 2002.
8. Robert Gleave, Islamic Law: Theory & Practice.2001