IJC 403 Fundamental Jurisprudence (Usul al-Fiqh): Theories and History
This comprehensive course examines Fundamental Jurisprudence (Usul al-Fiqh) from both historical and theoretical perspectives, offering students a foundational understanding of Islamic legal methodology. Students begin by studying the primary sources of Islamic jurisprudence—the Qurʾan and the Sunnah—exploring their significance, interpretive principles, and roles as pillars of Islamic law. The course then investigates secondary sources such as consensus (ijmāʿ), analogy (qiyās), public interest (maṣlaḥa), juristic preference (istiḥsān), and others. Students analyze the historical development, debates, and contemporary relevance of these sources within the broader legal framework. A major component includes the application of usul al-fiqh to various legal fields, such as family law, human rights, and comparative legal theory. Through case studies, students examine how legal principles are applied in real contexts and how Islamic jurisprudence addresses modern social, ethical, and legal challenges. The course also introduces and trains students in the IRAC method (Issue, Rule, Analysis, Conclusion), commonly used in legal education, to strengthen their legal reasoning and problem-solving skills. By the end of the course, students gain a nuanced understanding of usul al-fiqh, combining historical insight, doctrinal analysis, and practical application.
Learning Outcomes
Explain the primary and secondary sources of Islamic law, including Qurʾan, Sunnah, ijmāʿ, qiyās, maṣlaḥa, and istiḥsān.
Analyze the historical development of usul al-fiqh, identifying major scholars, debates, and methodological evolutions.
Apply principles of Islamic legal theory to case studies across fields such as family law, human rights, and public policy.
Evaluate contemporary challenges facing Islamic jurisprudence in the context of modernity, legal reform, and global legal systems.
Use the IRAC method to analyze legal fact patterns, build arguments, and draw informed conclusions.
Compare Islamic legal methodology with interpretive approaches from other legal traditions.