| Course Unit Code | Course Unit Title | Type of Course Unit | Year of Study | Semester | Number of ECTS Credits | | İH106 | Islamic Legal Philosophy | Elective | 1 | 2 | 6 |
|
| Level of Course Unit |
| Second Cycle |
| Objectives of the Course |
| o comprehend the different views and evaluations about what the main purposes of Islamic law are and how and to what extent they should be taken into account when making judgments from religious sources. |
| Name of Lecturer(s) |
| Prof. Dr. Tevhit Ayengin
Prof. Dr. Davut Yaylalı
Doç. Dr. Yusuf Şen
Doç. Dr. Yakup Mahmutoğlu |
| Learning Outcomes |
| 1 | Can summarize the problem of purpose in law with its main lines. | | 2 | Explain the nature and functions of law | | 3 | Express the place and importance of purposive ijtihad method in Islamic jurisprudence. | | 4 | Summarize the historical development of purposive ijtihad method in the context of the views of different schools of law in the Islamic legal tradition. |
|
| Mode of Delivery |
| Normal Education |
| Prerequisites and co-requisities |
| nıone |
| Recommended Optional Programme Components |
| none |
| Course Contents |
| Rational development of law and its main purposes. Historical development of Makasid thought and related concepts in Islam. The place of Makasid thought in modern period ijtihad studies. |
| Weekly Detailed Course Contents |
|
| 1 | Purposes of Law | | | | 2 | The concept of justice as the idea of law and the purpose of law | | | | 3 | Rational development of law | | | | 4 | Makasid and ijtihad concepts | | | | 5 | General principles of maqasid-based ijtihad | | | | 6 | Shariah bases of Makasid jurisprudence | | | | 7 | The concept of Makasid and istihsan | | | | 8 | The concept of Makasid and Masalih | | | | 9 | Historical development of Makasid thought: Juwayni and Ghazali | | | | 10 | The historical arrival of Makasid thought: Karafi, Iz b. Abdus Salam, Ibnul-Qayyim | | | | 11 | Historical development of Makasid thought: Necmeddin Tufi, Shatibi | | | | 12 | Historical development of Makasid thought: Shah Veliyullah Dehlevi, Tahir b. Ashur, Fazlurrahman | | | | 13 | modern developments | | | | 14 | General evaluation | | |
|
| Recommended or Required Reading |
| Shatibi, el-Muvafakat
[2] M. Tahir b. Aşur, İslam Hukuk Felsefesi, İstanbul 1996
[3] Vecdi Aral, Hukuk Felsefesinin Temel Sorunları, İstanbul ts.
[4] Ahmet Yaman, Makasid ve Ictihad: Islam Hukuk Felsefesi Arastirmalari, Konya 2002 |
| Planned Learning Activities and Teaching Methods |
|
| Assessment Methods and Criteria | |
| Midterm Examination | 1 | 100 | | SUM | 100 | |
| Final Examination | 1 | 100 | | SUM | 100 | | Term (or Year) Learning Activities | 30 | | End Of Term (or Year) Learning Activities | 70 | | SUM | 100 |
| | Language of Instruction | | | Work Placement(s) | | none |
|
| Workload Calculation |
|
| Midterm Examination | 1 | 1 | 1 |
| Final Examination | 1 | 1 | 1 |
| Individual Study for Mid term Examination | 89 | 1 | 89 |
| Individual Study for Final Examination | 89 | 1 | 89 |
|
| Contribution of Learning Outcomes to Programme Outcomes |
|
| * Contribution Level : 1 Very low 2 Low 3 Medium 4 High 5 Very High |
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