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Islamic Law and Politics in Asia (LAWS70105)
Graduate coursework level 7Points: 12.5Not available in 2020
For information about the University’s phased return to campus and in-person activity in Winter and Semester 2, please refer to the on-campus subjects page.
Please refer to the LMS for up-to-date subject information, including assessment and participation requirements, for subjects being offered in 2020.
Overview
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Islam does not, in theory, recognise a distinction between religion and law because for Muslims both are derived from their god‘s revealed message. The result is the inevitable tension between Islamic beliefs and the modern (secular) nation state that lies at the heart of the politics of Islam in South-East Asia. It has become the subject of major global controversies and conflicts in recent decades, as religious and political leaders compete with, and – in most cases – accommodate, each other. This tension, and the legal, political and social controversies that result from it, are the focus of this subject, which is based on selected comparative case studies of efforts to achieve legal Islamisation from a range of countries in Australia’s region. Teaching is led by a scholar who has conducted extensive fieldwork across South-East Asia and worked closely with Islamic legal institutions in the region. He is supported by guest lecturers specialising on South-East Asia, who will bring their own perspectives to class discussions.
This subject examines the relationship between the modern nation state and Islam in Asia, focusing on the 240 million Muslims in Australia’s South-East Asian neighbourhood.
Principal topics include:
- How the original Arabic-derived legal thought has been adapted in new Asian homelands
- The essential position of Islamic legal traditions as an alternative authority to the contemporary nation state
- Current political and religious controversies arising in South-East Asia. These will be selected from a range that may include:
- Islamic legal codes and laws for Muslims
- The Qadi, Islamic judicial traditions and courts for Muslims
- Islamic criminal punishment
- Interest-free banking, ‘Islamic economics’ and commercial law
- Islamic approaches to the status of women (fiqh Al-Nisa)
- Zakat and other forms of philanthropy
- Education and the role of madrasa and pesantren
- The introduction of revivalist Islamic codes
- Islamic radicalism and terrorist groups in South-East Asia, including Darul Islam, Jemaah Islamiyah and Al Qaeda.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of the history and development of Islamic legal traditions and jurisprudence (fiqh) in South-East Asia, and key legal institutions of Islamic tradition, such as the Qadi, the mufti and ulama councils
- Be able to critically examine, analyse, interpret and assess these legal traditions and institutions, and, in particular, the tensions between Islamic scholarship, law and religious belief on the one hand and, on the other, the notion of the secular nation state
- Be an engaged participant in debate regarding emerging and contemporary issues in the field, such as the status of Muslim women in Islamic family law, the operation of Islamic banking, and the application of traditional Islamic criminal law, especially the hudud rule, among others
- Have a sophisticated appreciation of the how Muslim communities influence contemporary law and politics, with a focus on state-sanctioned legal institutions for Muslims in the South-East Asian region
- Have an advanced understanding of recent efforts at legal Islamisation in South-East Asia, including the role of state-sponsored codification
- Have the cognitive and technical skills to generate critical and creative ideas relating the implementation of Islamic principles in modern contexts in in South-East Asia
- Be able demonstrate autonomy, expert judgment and responsibility as a researcher and learner in the field of Islamic legal traditions.
Last updated: 15 December 2023
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:
- The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
- The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
- The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
- The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
- The ability to work independently and as a part of a group;
- The ability to present orally and in writing legal analysis to a professional standard.
Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact Student Equity and Disability Support.
Last updated: 15 December 2023
Assessment
Due to the impact of COVID-19, assessment may differ from that published in the Handbook. Students are reminded to check the subject assessment requirements published in the subject outline on the LMS
Description | Timing | Percentage |
---|---|---|
Option 1: Take-home examination
| 29 November - 2 December | 100% |
Option 2: Research paper on a topic approved by the subject coordinator
| 9 January 2020 | 100% |
Hurdle requirement: A minimum of 75% attendance | Throughout the teaching period | N/A |
Additional details
Note: Students must choose assessment from the options listed above. If an option contains parts, all parts must be completed if that option is chosen.
Last updated: 15 December 2023
Quotas apply to this subject
Dates & times
Not available in 2020
Time commitment details
136-150 hours The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 15 December 2023
Further information
- Texts
Prescribed texts
Specialist materials will be made available free of charge from Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Juris Doctor Course Master of Commercial Law Course Master of Public and International Law Course Graduate Diploma in Legal Studies Course Graduate Diploma in Asian Law Course Master of Law and Development Course Master of Laws - Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 15 December 2023