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Module

HIS3358 : Shariat meets Common Law: History of Gender Reform and Colonialism in Tunisia, Egypt, and India (Inactive)

  • Inactive for Year: 2024/25
  • Module Leader(s): Dr Darakhshan Khan
  • Owning School: History, Classics and Archaeology
  • Teaching Location: Newcastle City Campus
Semesters

Your programme is made up of credits, the total differs on programme to programme.

Semester 1 Credit Value: 20
ECTS Credits: 10.0
European Credit Transfer System

Aims

This module will introduce students to the comparative history of gender reforms in the post-colonial Islamic world. It will highlight the continuities and ruptures between the colonial and post-colonial legal systems, the rise of the discourse of human rights in the 20th century, and the dynamics between the Islamic legal structures and the ideology of the modern state.

Throughout the semester, students will examine how laws related to marriage, divorce, custody, inheritance, and maintenance (alimony) impact Muslim women’s interaction with the state in Egypt,India and Tunisia.

By looking at the role played by local political parties, religious institutions, and international bodies such as the United Nations, the module will encourage students to look at legal systems as complex webs. The module has a strong comparative element, and the readings, discussions and assignments are designed to encourage students to think across different geographical and political systems.

Outline Of Syllabus

Indicative guide to subjects covered:
-Introduction: Getting familiar with key positions (European legal systems, Islamic jurisprudence, global discourse of human rights and the rise of the religious right)
-History of colonialism with a focus on Asia and Africa
-India: Colonial roots of Muslim Personal Law (18th and 19th centuries)
-India: Reform and codification of the ‘shariat’ (20th century)
-India: Case study: Ahmad Khan v/s Shah Bano (1985)
-Egypt: From Ottoman millet courts to unified judiciary
-Egypt: Muslim Brotherhood and the changes to personal law
-Case Study: Nasr Abu Zeid apostasy and divorce case (1995)
-Tunisia: French Protectorate (1881-1986) and the dual legal system
-Tunisia: The 1956 Code of Personal Status of postcolonial Tunisia
-Case study: Children of Divorce (2015)

Teaching Methods

Teaching Activities
Category Activity Number Length Student Hours Comment
Guided Independent StudyAssessment preparation and completion771:0077:00N/A
Guided Independent StudyDirected research and reading901:0090:00N/A
Scheduled Learning And Teaching ActivitiesSmall group teaching112:0022:00N/A
Scheduled Learning And Teaching ActivitiesSmall group teaching111:0011:00N/A
Total200:00
Teaching Rationale And Relationship

Small group teaching will introduce students to the historical context of colonial and post-colonial India, Egypt and Tunisia and familiarise them with the key debates surrounding personal law and women’s rights. It will also give them the opportunity to engage with the readings and case studies, ask critical questions, participate in debates and develop their oral communication skills.

Assessment Methods

The format of resits will be determined by the Board of Examiners

Other Assessment
Description Semester When Set Percentage Comment
Written exercise1M20A 700-word review of a documentary on divorce (including footnotes, excluding bibliography)
Research paper1A80A 3000-word final essay (including footnotes, excluding bibliography).
Formative Assessments

Formative Assessment is an assessment which develops your skills in being assessed, allows for you to receive feedback, and prepares you for being assessed. However, it does not count to your final mark.

Description Semester When Set Comment
Report1MA 300-word comment on shariat as a legal system
Assessment Rationale And Relationship

A formative exercise around the midterm period, asking students to comment on shariat, allows me to assess their grasp on the complexity of the term, its philosophical, religious, and legal meanings, and the different ways in which it has been interpreted by Muslim communities.
The midterm film review assignment will encourage students to examine the proceedings of a family court. It will test their ability to apply the readings and discussions of the first three weeks to real-life court scenarios.
The final essay will test students' ability to research a set of problems and formulate evidence-based arguments.
Submitted works test intended knowledge and skills outcomes and develop key skills in research, reading and writing.
Study-abroad, non-Erasmus exchange and Loyola students spending semester 1 only are required to finish their assessment while in Newcastle. Where an exam is present, an alternative form of assessment will be set and where coursework is present, an alternative deadline will be set. Details of the alternative assessment will be provided by the module leader.
Study-abroad, non-Erasmus exchange and Loyola students spending the whole academic year or semester 2 are required to complete the standard assessment as set out in the MOF under all circumstances.

Reading Lists

Timetable