Islamic Family Law

    Exploring the Most Challenging Areas of Islamic Family Law in a Globalized World including an analysis of the application of Islamic family law to the Western legal systems and how Sharia Councils can be accommodated in secular democratic countries. A Must-Attend online course for Solicitors, Lawyers, Ulama, Muftis, Imams, Judges, Law Students, Family Counsellors and Research Scholars.

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Registration Deadline: 15th June 2019

Course Team

Shaykh Mohammad Irshad

Mufti Amjad Mohammed

Mufti Abdur Rahman ibn Yusuf Mangera

Mufti Syed Waliullah Abrar Qasmi

Mufti Abdul Waheed

Mufti Muhammad Ibn Adam

Prof. Faizan Mustafa

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Have any questions? Check out FAQs section.

Course Code: IFL 101
Al Balagh Credits: 20

Duration: 4 Months
Course Starting  Date: 16th June 2019
Days:  Sundays
Live Session Timings:

3 – 5 PM BST

 


Effort: 2 – 5 Hours / Week
Program: Level – 1
Prerequisite: None

Language  English
Mode:  Online (Live and Interactive )
Online Learning Material:  Yes ( Accessible After Course Starting Date)
Video Recordings: Yes ( Available within 48hrs After the Live Session )

Fees:

From £17.99/month for 4 months (level – 1)

From £15.99/month for 8 months (level 1 & 2)

 

Missed A LIVE Session?

Don’t worry. We have got the LIVE session recorded for you.
Have any questions? Check out FAQs section.

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Course Info

Course Starting Date:

16th June 2019

Registration Deadline:

15th June 2019

Course Fee

Pay In Full (level 1 & 2)  –  £139.99 £125.99 

Pay In Full (level 1) –£79.99 £69.99

Pay In 8 Instalments (level 1 & 2) – £15.99

Pay In 4 Instalments (level 1) – £17.99

Add-On (Optional)

Digital Certificate: Free

Printed Certificate: £10

Mentor Support (One to One): £50

AlBalagh Scholarship is available for learners who cannot afford the fee.

Level – 1 Main Modules

1. Islamic Jurisprudence – An Overview

  1. Introduction to the course
  2. Shari’ah law defined
  3. Definition of Fiqh and its various branches
  4. Definition of Usul al-fiqh (Principles of Islamic Jurisprudence) and its various sources
  5. An overview and the sources of Islamic law
  6. The principles of Islamic Jurisprudence
  7. Authentic sources of Fiqh
  8. Legal maxims (al-Qawa’id al-Kulliyah al-Fiqhiyyah)
  9. Higher Objectives of Shari’ah (Maqasid al-Shari’ah)
  10. Disputable issues? How to solve such issues?

2. The Contract of Marriage (’aqd al-Nikah) – Islamic Classical Perspective

  1. The institution of marriage in Islam
  2. Marriage procedure and ceremony
  3. Betrothal (Khitbah)
  4. Definition and conditions for validity of Nikah
  5. Prohibited marriages
  6. Contracting nature
  7. Sacrosanctity nature of Nikah
  8. Who can conduct valid Islamic marriage?
  9. The role of parents and “The Wali”
  10. Age of marriage
  11. Temporary marriage
  12. Effect of a valid marriage contract
  13. Invalid marriage contract -How to deal
  14. Rights and obligations of husband and wife
  15. Marriage “Khutbah”

3. The Institution of Marriage – Contemporary Issues

  1. Muslim marriage – cultural, sociological and political issues
  2. Islamic law of marriage – A contemporary analysis
  3. Key objections on Islamic marriage contract
  4. The influence of customary practices
  5. Polygamy – custom, religion and legislations
  6. Age of Marriage – custom, religion and legislations
  7. Forced marriage and the concept of consent
  8. Marriage to Non-Muslims
  9. Rights and obligations in practice
  10. A Model Muslim Marriage Contract
  11. Waiver or release of rights
  12. Islamic marriage certificate – Sample

4. Dissolution of Marriage

  1. Permissibility of divorce
  2. The role of husband and wife
  3. Grounds for divorce in Islam
  4. Types and methods of divorce
  5. Different methods for dissolving marriage in Islam
  6. Procedure for Islamic divorce
  7. Islamic mediation
  8. Repudiation (Talaq)
  9. Instant divorce and Triple Talaq?
  10. Separation by mutual consent (Khula’)
  11. Judicial separation (Faskh)
  12. Vow of continence (Ila’)
  13. Dissolution by operation of law (Li’an)
  14. Injurious assimilation ( Zihar)
  15. Waiting period (Iddah)
  16. Who can preside over divorce cases?

5. Dissolution of Marriage -Contemporary Issues

  1. Dissolution of marriage – cultural, sociological and political issues
  2. Talaq – Contemporary Practices
  3. Islamic mediation in practice
  4. “Three Talaq” in one sitting?
  5. Understanding contemporary grounds of divorce from Islamic perspective
    1. Cruelty
    2. Domestic violence
    3. Disobedient (Nushuz)
    4. Adultery
    5. Cheating
    6. Sexual Misconduct
    7. Alcoholism
    8. Mental Illness
    9. Impotency
    10. Withholding Sex
    11. Communicable Disease ( HIV/AIDS etc)
    12. Presumption of death
    13. Conversion of faith
  6. Concept of irretrievable breakdown under “Maliki Fiqh”
  7. How to prove potency from Islamic perspective?
  8. Financial settlement
  9. Online divorce
  10. Divorce by social media
  11. Need for Ijtihad (reform) and setting up Islamic regulations

6. Child Custody and Welfare – Classical Islamic Law and Contemporary Muslim World

  1. Rights of children in Islam
  2. The right to legitimacy and a good name
  3. The right to shelter, maintenance, and health care
  4. The right to religious training, proper education, and physical education
  5. The right to inherit from parents
  6. Child custody (Hadanah)
  7. Child Custody in the Quran, Sunnah and Fiqh
  8. Guardianship (Wilayat) – Duties, rights and liabilities of guardians
  9. Child custody after divorce
  10. Responsibility of maintenance
  11. The concept of the welfare of the child from Islamic perspective
  12. Adoption and the concept of “Kafalah”
  13. Residence, Contact and Specific issues
  14. Child Custody Laws in the Muslim World
  15. Child Custody law in Pakistan – A case study

7. Law Reform in the Muslim World – Key Legislations and Key Issues

  1. Muslim Family Law in Islamic Countries – An Overview
  2. Modern approaches to Islamic family law reform
  3. The traditional doctrine of elective choice (Takhayyur/Talfiq)
  4. The Ottoman Law of Family Rights, 1917
  5. The Child Marriages Restraint Act 1929
  6. The Dissolution of Muslim Marriages Act 1939 (India, Pakistan and Bangladesh).
  7. The Muslim Family Laws Ordinance 1961 (Pakistan).
  8. The Moroccan Family Code (Moudawana) of 2004

8. Ijtihad, Ulama and Muslim Governments

  1. “Ijtihad” and Reform – Between Muslim Governments and Ulama (Sharia Scholars)
  2. Polygamy and judicial restrictions – Is it accepted?
  3. Declaring extra-judicial divorce by husband Invalid ?
  4. Inserting stipulations against polygamy in the marriage contract
  5. Independent Ulama Council – A Potential Solution

Level – 2 Main Modules

9. Sharia Councils and Muslim Arbitration Tribunals for Western / Non-Muslim Countries

  1. Shariah Councils and “Darul Qadha”
  2. Shariah Councils – Key Characteristics
  3. Muslim Arbitration Tribunal
  4. Key Issues and Challenges
  5. How to deal with the legal system
  6. Ideal Sharia Council – A Model
  7. Making use of Shariah Councils

10. Islamic Family Law and the United Kingdom – A Case Study – Part 1

  1. Applicability of Shari’ah Law to Muslims in Britain
  2. Enforceability of “Nikah” as a contract under English Law
  3. Legally Valid and Invalid Marriages
  4. Difference between “Nikah” and “Civil Marriage”
  5. Civil Marriage Process in England and Wales
  6. Marriages Conducted in the UK – How to get legal and Islamic recognition
  7. Forced Marriage under English Law and Islamic Law
  8. “Mahr” claims under English Law

11. Application of Islamic Family to USA and Canada - Key Sharia Concerns

  1. Islamic Family Law and the Muslims in the USA – An Overview
  2. Sharia Arbiteration and the USA courts
  3. Islamic Family Law and the Muslims in Canada- An Overview
  4. Sharia Arbiteration and Canda
  5. The Wayforward

12. Islamic Family Law and the United Kingdom – A Case Study – Part 2

  1. Grounds for Divorce in Civil Law and Islamic Law – A Comparative Study
  2. Procedure for Islamic Divorce in the UK
  3. Civil Divorce before Islamic Divorce?
  4. Procedure for Civil Divorce -Overview
  5. Arrangement for Children, Money and Property
  6. Recognising Foreign Divorce
  7. Annulment of a Marriage Under Civil and Islamic Law – A Comparative Analysis
  8. Examining “Verbal Talaq” and polygamy from English Law perspective
  9. Cost of Divorce – Islamic and Civil Law
  10. Adoption and Fostering under Shariah law and English Law

13. Islamic Family Law and English Courts - Key Legal and Sharia Issue

  1. The application of Islamic Family Law in the English Courts
  2.  Islamic Marriage – Case Laws
  3. Divorce & Maintenance – Case Laws
  4. Key Sharia Issues
  5. Key Legal Issues
  6. The Divorce (Religious Marriage) Act 2002, UK
  7. The Marriage Act 1949, UK
  8. Compulsory Civil Marriage v Recognising Muslim Marriages?
  9. Enforcing “Mahr” Payment by using Contract Law

14. Discrimination Against Muslim Women in Marriage and Divorce– Key Issues and Challenges

  1. Examining the concept of “Discrimination” from Human Rights and English Law perspectives
  2. International Human Rights approach
  3. United Nation and The 1979 Convention on the Elimination of All Forms of Discrimination against Women – CEDAW
  4. UK Obligations under CEDAW
  5. The Equality Act 2010, UK

15. Application of Islamic Family law to India – A Case Study

  1. Muslim Personal Law and Indian Muslims – Key Issues
  2. The Muslim Personal Law (Shariat) Application Act, 1937
  3. The Dissolution of Muslim Marriages Act, 1939
  4. Special Marriage Act, 1954
  5. The Muslim Women (Protection of Rights on Divorce) Act, 1986
  6. The Muslim Women (Protection of Rights on Marriage) Bill, 2017
  7. The Shah Bano case 1985
  8. Shayara Bano vs Union Of India And Others – Case Law ( Triple Talaq)
  9. Examining “Instant Verbal Talaq” and Polygamy from Indian Law Perspective

16. Islamic Code of Ethics for Solicitors , Barristers and Judges

  1. The Importance of this profession
  2. General principles
  3. Relations with clients – Islamic Guidelines
  4. Relations with the courts – Islamic Guidelines
  5. Relations between lawyers – Islamic Guidelines
  6. Islamic code of conduct for Judges

Course Features

Duration – 4+ Months

w

Professional Admin and IT Support

Live Sessions Every Sunday

h

Certificates

14 Live Sessions ( One / Week)

i

Online Assessments (Optional)

24 / 7 Access to Video Recordings and Online Learning Materials

u

Live Q & A

Ready?

Enrol Now

Course Overview

    The course aims to set the formation and development of Islamic Law in an historical context and gives students an understanding of the core sources of Islamic law. The course will illustrate the plurality of thought, custom and application of law within Muslim communities and introduce students to the critical discourse on this subject. The course will examine the institution of marriage in Islam to give students a clear grasp of the requirements for a valid marriage contract in Islamic law and will encourage students to look at the law of marriage from a comparative perspective, look at the influence of customary practice and examine the issues such as polygamy, consent, forced marriage and child marriage.

      The course will present an in depth analysis of dissolution of marriage from Islamic perspective by providing students with a sound understanding of the Islamic law on dissolution of marriage and encourage them to engage with wider cultural, sociological and political issues surrounding the dissolution of marriage for Muslims today and introduce them  to ideas about how such Qur’anic verses might be codified in modern legal systems.

     Following on from the discussion regarding marriage and modes of dissolution, the course will take you into an area of Islamic law that regulates the relationship between parents and children, the rights of children to an identity, support and maintenance and the right to inherit from parents.

     Drawing upon the concepts and normative framework of the earlier part of the course, the course will  analyse the extent to which these principles of Islamic family law find a place in the legislation of contemporary Muslim jurisdictions. It uses examples of law reform from South-Asian Muslim jurisdictions and Gulf Countries.

     The course will also discuss the contemporary issues which Muslims face, particularly Muslim living in the Western countries such as in the UK, USA, Canada, South Africa or Muslims living in India. The course attempts to compare civil and Islamic procedures of marriage and divorce and analyses the extent to which the Islamic law could be applied in the western or Non-Muslim countries. The course will also discuss key International conventions and resolutions, Key UK legislations and key Case laws that may have direct impact on Islamic family law.

     The course will present Islamic guidelines for solicitors, judges, and those who are engaged in this profession.

Main Aims and Objectives

The aim of this course is:

  • To enable an understanding of and engagement with the theoretical discourse regarding Islamic law and to provide students with an insight into the way Islamic law operates, i.e. the various juristic tools used to deduct Islamic law
  • To enable an understanding of the development of the principal sources of Islamic law in the area of family rights and their incorporation into state legislation and their application in Muslim family law
  • To delve into the classical discussion on the formation of the marriage contract and the various ways “Nikah” can be dissolved in a contemporary context.
  • To enable a critical and context-based analysis of issues relating to legal reform in the Muslim world, identifying principles of Islamic family law in the legislation of various Muslim countries covered in the course an examination of the application of Islamic family law in diasporic communities using the United Kingdom and India as case studies.
  • To enhance the understanding of child rights, welfare and child custody from Islamic perspective.
  • To provide an in-depth analysis of Sharia councils and Muslim Arbitration Tribunals in the Western Countries
  • To enable an understanding of International Human Rights, United Nation Resolutions and Key UK legislations against the discrimination of women and their implications on Muslim family law.
  • To provide Islamic guidelines for solicitors, barristers and Judges

Learning Outcomes

After completion of this courses students will be able to:

  • Appreciate the ways Islamic law are developed and applied to Muslim family law
  • Grasp the various conditions that need to be fulfilled for the validity of an ‘aqd al-Nikah – a marriage contract
  • Understand the various avenues that leads to the dissolution of an ‘aqd al-nikah”
  • Examine THE cultural, sociological and political issues surrounding the marriage and dissolution of marriage for Muslims today
  • Equip themselves in delving into the intricacies of parents and children relations, especially after the dissolution for a marriage based on classical jurisprudence

Faq's

1. How is this online course structured?

Our online program comprises enriched learning sessions, engaging, on-demand live and recorded video lessons. Our course is innovatively divided into different modules and sub models. The learners can ask questions, get their doubts cleared if they have any. You can get support from our course instructors or academic support team during live sessions or even after the sessions as needed.

2. How I will get printed certificate?

Right after successful completion of the course and assessment, you can expect to get the certificate from Al Balagh Academy. Your certificate will be emailed to you. You can get it printed or shared with your friends.

3. What do you mean by 1-to-1 Mentor Support?

We understand you may need personalised support from the mentor. Therefore, we are facilitating one-to-one mentor support to ensure your personal and professional growth. Your personal mentor will be helping you through out the course with understanding more about anything related to the course. You may contact him by Email, Whatsapp or book an appointment and meet him online.

4. Is it compulsory to attend LIVE sessions? Will it be count towards the progress of my course?

We always encourage that you should attend LIVE sessions but if, in any case, you miss attending one of the sessions then you can always have access to the recorded session (Yes, you will receive recorded video of the LIVE session you have missed).

5. When will I have access to the online course material?

Right after successful enrolment, you will get access to myAlbalagh which is our online learning portal where you can get access to the pre-course material. The course content will be released gradually after starting the course.

6. When will LIVE sessions be scheduled?

Date, Day, and Time for each LIVE session will always be pre-scheduled. To know more about the schedule on live sessions, please, visit “myAlbalagh” and click on the tab “Schedule.” You will get complete details.

7. What if I am not able to attend LIVE sessions?

If, in any case, you miss attending LIVE session, you can catch up by watching the video recordings later at your convenient time. To get access to the video recordings, you should visit “myAlbalagh” by using your sign-in details. You can get access to “myAlbalagh” through your laptop, desktop or from your mobile.

8. What if I have questions to ask but can’t attend Live?

Please, get access to “myAlbalagh” and reach “Discussion Board.” It is this place where you can ask questions, discuss and get your doubts cleared. Our support staff will take your queries forward and get answers for you from your course instructors.

9. How do I interact with my classmates?

You can use “Discussion Board” to get connected to other course learners as well. But we recommend that the discussion here on “Discussion Board” shall be relevant only to the course being taken. Strictly, no personal discussions or chatting.  You can also interact with your classmates in our “Whatsapp Group” exclusive for the course students.

10. How long will I have access to the online program?

You will have access to the online course content up to 2 years. Please contact our admin team by Email at [email protected] if you want lifetime access.

11. Are family/group discounts available?

Yes, we provide discount for groups or families who are interested in joining one of our courses. Please, email us to get complete details on it.

12. I am having trouble signing into my private member portal. What should I do?

In case, if you find any trouble accessing your account then please, contact us immediately. We make sure that your problem gets resolved at the earliest.

To contact,

Email: [email protected]

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