(LLM) Islamic Commercial Law

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  • Start: Oct

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University of Bedfordshire
Park Square
Luton
Bedfordshire
UK, LU1 3JU

2011/12

(LLM) Islamic Commercial Law

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Course Summary

Islamic finance has developed into a vibrant part of the finance sector over the past decade, largely due to the existence of flourishing markets like Oman and Dubai. As a result, there are growing efforts in the UK to integrate Islamic finance and commercial practice into law. That means there is a need for a workforce trained in the theory and practice of Islamic commercial law.


This course responds to the need for employees educated in the ways of Islamic law and covers its ethical standards, philosophy of commerce, related finance products and instruments and even its greater context in international commercial law. Your learning in this course will be grounded in 21st century methods of teaching. Those who need an introduction to the use of computers, computer programmes and computer-based technology will find plenty of help, along with library exercises that aim to develop further skills in researching law material. This understanding is important as it is key to both the professional world and to the independent forms of learning that this course emphasises. You will complete a dissertation on a relevant subject and you will be expected to adopt an analytical and critical approach to the reading you complete for the project.


While you will be encouraged to work independently, you will be supported by a knowledgeable supervisor with whom you will have regular dissertation meetings. Other units will be taught by world-renowned experts in the field, and you will benefit from a dynamic research environment that reflects the changing nature of Islamic commercial law in the world's key markets.


Why choose this course?

The market for Islamic finance products and Islamic commercial law in the West is a growing area of interest and the City of London is now a major player in the Islamic finance market. Students who complete this course will have career opportunities in banks, international organisations such as the World Bank, law practices and international or Islamic commercial or finance institutions. Graduates will also be open to developing careers as consultants, solicitors or barristers in England and Wales, as well as legal executives and government legal advisers.


During this course you will:


  • Gain a solid training in Islamic law and the philosophy of commerce in Islam
  • Study in a dynamic research environment that complements studies in the development of Sharia compliant products
  • Benefit from the opportunity to study international commercial law alongside Islamic law
  • Be taught by world-renowned experts in Islamic studies and Islamic commercial law
  • Receive support in the use of 21st century computer and research technologies
  • Complete an independent dissertation relevant to this dynamic subject

Areas of study you may cover on this course include:


  • Introduction to Islamic Law and Islamic Legal Thought
  • Islamic Commercial Law
  • Islamic Finance
  • International Alternative Dispute Resolution
  • International Contracts
  • Corporate Governance and Company Law
  • International Aviation Law
  • Dissertation

Further Information

LMISLAAF

Assessment

Overall assessment strategy


The assessment strategy for the LL.M in Islamic Commercial Law has been carefully designed to try and ensure the utmost participation in the learning process. The focus has been set on critical thinking. This is to be principally achieved by making all the units core units and by compulsory attendance at tutorials and seminars by students.


As regards other forms of assessment within the programme, thought has been given to ensure a spread of assessment types. Individual assessments take the form of essays, presentations, projects, oral presentations, group working and seminar participation. You might also be required to do some group work coupled with a presentation in order to compare and contrast various case studies in the field of Islamic commercial law.


In most cases, units will have at least two assessment points containing different types of assessment. It is felt by the law team that this is the best way to assess both the breadth and the depth of your knowledge. For example, in an individual unit, breadth of knowledge and analysis may best be tested by a presentation. By contrast, depth of knowledge and analysis may be tested by a written essay, or seminar participation. The weighting given to assessment points reflects the contribution made to achieving the aims and objectives of the unit.


The use of coursework such as essays, group working and seminar participation also allows for feedback comments. This feedback is imperative for you and you must consider it carefully and if necessary discuss it further with your lecturer.


Administration of assessment


All assessments will be administered within the Universitys Unit Credit Scheme. This means that all written assessments go through the Universitys office administration. All units adhere to the Universitys guidelines on the granting of extensions, extenuating circumstances and other related matters. You will learn all about these through your hand book and induction. Deadlines are strict and must be met.


Marking criteria


Standard grading profiles will be used for the award. These profiles will describe the characteristics for the students work ranging from a Distinction standard (A grading) through pass work down to a fail (E / F grading). Students will be provided with full details of the marking criteria being used for the assessment of each unit via their unit handbooks given out by unit co-ordinators in respect of individual units.



Course Learning Outcomes

Upon successful completion of this course you should be able to:


1. Demonstrate the ability to critically evaluate the complex set of legal rules that are contained in the Sharia to then apply them to concrete issues such as the drafting of a Islamic compliant trade contract.


2. Develop your ability to apply complex rules of Islamic commercial law and principles such as Islamic contract law, including the ability to analyse concrete problems to which you will bring an original solution.


3. Understand, select and apply original theories and new principles of Islamic commercial law, with particular reference to current issues in Muslim countries but also in the West, with a particular focus on the United Kingdom.


4. Engage in enquiring, analytical and creative approach to Islamic law, implementing independent judgment and critical self-awareness in the field of Islamic commercial law.


5. Investigate new theories and doctrines of Islamic commercial law to enable yourself into designing new dynamic approaches to the topic, setting standards in the process.


6. Take a lead role in the development of high research skills, acting autonomously to improve your own understanding of the applicability of Islamic commercial law in the 21st century.


7. Display and Apply research skills necessary to make effective use of research materials through a dissertation appropriate to Masters level.



External Benchmarking

University of Bedfordshire Masters Level Descriptors as they relate to Law.

QAA subject benchmarks can be found at http://www.qaa.ac.uk/academicinfrastructure/benchmark/default.asp



Educational Aims

A Masters degree builds upon the legal knowledge and skills that you have already acquired. The LL.M allows you to specialise in Islamic Commercial law and explore specialist subject areas in real depth. As students, you will have opportunities to develop your critical thinking skills and you will be able to hone your legal research skills by undertaking a substantial piece of research in an area of your own choosing.


By undertaking this course. you will:


  • Demonstrate an in - depth knowledge of the essential principles and doctrines which make up Islamic Commercial Law

  • Apply in - depth specialist knowledge in both domestic and Islamic commercial areas of law

  • Reflect upon and manipulate theories of Islamic law in relation to finance and commerce

  • Interpret and apply legal rules using high levels of abstraction to answer to current daily trade and commerce legal issues in the City but also in the Western and the Islamic worlds

  • Suggest theories or selected sources of Islamic law to set professional standards for Islamic commercial law as a law in - the - making

  • Critically evaluate the role and efficacy of Islamic law in a globalised economic and commercial/business environment

  • Confidently handle and respond effectively to law reform whether state based legislation, codified Islamic law or Sharia

  • Manifest powers of independent study, thought and critical analysis that should lead to the capacity to suggest reforms of legislation or reforms of approaches to Islamic commercial law

  • Develop the capacity to take initiatives in relation to issues of Islamic commercial law such as the ability to adapt or amend a contract to be Sharia compliant

  • Display in depth specialist knowledge and investigative skills in a chosen area of Islamic commercial law through the completion of an extended dissertation


More specific aims are to be found in the unit descriptions (UIF)


The course structure aims:


  • To enable students to focus on the particular topic of Islamic commercial law so that they maximise their potential by getting an expertise in that field, expertise which reflects personal interests or career aspirations

  • To support students in developing critical approaches to Islamic commercial law by solving problems in creative and innovative ways

  • To encourage students to develop skills in decision - making in challenging situations

  • To enable students to develop research skills and contribute to research in the discipline

  • To promote effective communication with colleagues and with a wider audience

  • To provide opportunities for students whether they are aiming to enhance their employment prospects or to effect a change of career

  • To train students to use initiative and take responsibility for their own learning


Student support

You will undergo an induction programme upon entry to the degree, at the School of Law and at University level, to introduce you to the key features of the course and the University generally. Throughout your course you will have access to the Academic Advisory Service within the Faculty as well as central services provided by the University e.g. student counsellors and the Student Union. You will be provided with full information about these services in your course handbook.


Particular mention should be made of the Faculty requirement for staff to post outside their offices regular times when they are available to meet students (known informally as office hours). English language support is also available if you are identified as being weak in the use of English language.


Students are encouraged to approach staff should they have any difficulties. They may take an appointment to see any member of staff, including the head of school (Law School Office, H309, 3rd Floor, Vicarage Street, Luton, phone number: 01582 743815).


Further information can be obtained from the link with regard to referral arrangements and other matters concerning the support we offer during your time of study.



Team working

At a formal level, you are expected to work with each other in the LL.M units and with their supervisors in the compilation of the dissertation. You are also expected to interact with outside agencies and personnel in preparing for your research dissertation if appropriate.




At an informal level, seminars, tutorials and dissertation meetings with supervisors provide a regular opportunity for students to interact with each other.


Career Management Skills

Many students undertaking the LL.M .intend to take up a legal career upon successful completion of the course. The Universitys Careers Service addresses students on the subject of career planning and informs them of the facilities available through the Careers Service. There is also a Law Careers Day in the second term which Masters students are encouraged to attend.

Career/Further study opportunities

Career:


  • Career within common law firms

  • International or Islamic Commercial or Finance Institutions and Organisations

  • Finance / Banking

  • Expert in International Banks

  • Career within international organizations

  • Academia

  • Consultancy

  • Solicitor in England and Wales

  • Barrister at Law in England and Wales

  • Legal Executive

  • Government Legal Adviser

Further study:


  • M.Phil or PhD

  • Legal Practice course / Bar Vocational Course

Work based learning and career development available as options.



Entry

Standard:


One of the following:


LL.B or Joint Law degree with a minimum classification of Lower Second class honours (2.2).


Or


In the case of degree holders in disciplines other than law with sufficient and adequate legal content on the basis of merit.


Or


Applicants with foreign qualifications on the basis of individual merit.



Additional:


Applicants with English as their second language must show proof of competency in oral and written English generally to IELTS 6.5 band or above or its equivalent. The Course team works closely with the admissions office and considers non standard applications by way of a course meeting.



UK students Undergraduate entry requirements

Standard entry requirements for Foundation degrees (FD/FdSc)

A foundation degree will be of particular interest if you have completed a Modern Apprenticeship, vocational A levels, BTEC National or equivalent.

Foundation degrees are also particularly suitable if you want to qualify while working.

  • As a guideline, a typical offer would require you to obtain a UCAS tariff score of between 80-120 points, based on your level 3 studies.
  • Students who require a Tier 4 Student Visa cannot apply for our foundation courses. For these courses the University of Bedfordshire is not able to sponsor Tier 4 Student Visa applications.

Many students studying for foundation degrees come to us through work-based routes so you can apply for a foundation degree even if you don’t have traditional academic qualifications.

We welcome applicants with relevant work experience.

Standard entry requirements for Undergraduate degrees (BA/BSc)

We will consider you as an individual and take into account all elements of your application, not just your qualifications. We are looking for both breadth and depth in your current studies as well as enthusiasm for the subject you wish to study.

The general requirement is one of the following:

  • UCAS Tariff Score greater than 200, which should include either two A level passes or an AVCE Double Award
  • An Access qualification
  • Equivalent qualifications such as Irish Leaving Certificate, Scottish Highers, International Baccalaureate or BTEC National Diploma

Postgraduate taught courses

Postgraduate applications (MA/MSc) should be made direct to the University using the  standard University application form. There are some exceptions, please see individual course descriptions for details.

Students from the European Union

Entry requirements


As a general guide, to apply for a place on an undergraduate course (BA/BSc) at the University you need to have completed your high school education and have the required English qualification.

We have students from all the European Union member countries so we are quick to make decisions on most qualifications.

How to apply

International students

  • Undergraduate applications (BA/BSc) can be made direct to the University or via our representatives in your home country. If you intend to apply to more than one university in the UK you should apply via UCAS. If you want to apply to the University of Bedfordshire only you should apply directly using our international application form (link below) or via our representatives in your home country
  • Postgraduate applications should be made directly to the University using our international application form (link below) or via our representatives in your home country
  • Healthcare, nursing and midwifery students Many of these courses are not available to overseas students due to UK immigration law in regard to bursary funding. Please contact international admissions to find out if you are eligible to apply
  • BA Nursing Studies Level 3 (with or without Overseas Nursing Programme) is available to overseas students - please contact International Admissions by email at international-admissions@beds.ac.uk for further information

(Please note that applicants on a full student visa are not eligible for part-time study)

Course application form for international students

We recommend that you apply directly to the University where possible, as this allows us to offer the quickest turnaround time for your application.

How to complete your course application

Please read the Direct application instructions before completing the course application form.

Application forms for accommodation in the student halls at Bedford campus and Luton campus are available in the Student life section

Accreditation of prior certificated learning (APL)

APL is available for international students applying for undergraduate (Bachelor degree) study. Please do not use this APL form to apply for postgraduate courses.

Use the APL form to tell us about any non-standard qualifications and/or work experience you have that you think should be taken into consideration with your application. `

The APL form should be submitted at the same time as the course application form.

We regret we are unable to process APL forms from students who have not submitted a formal course application form.

What next?

Return your completed application to:

University of Bedfordshire
International Admissions
Park Square
Luton
Bedfordshire
LU1 3JU
United Kingdom

Contact International Admissions

T: +44 (0)1582 489326 (non-EU Students)
F: +44 (0)1582 743469
E: international-admissions@beds.ac.uk



Awarding institution

University of Bedfordshire


Teaching Strategy

Teaching / learning methodologies:


The provision of teaching and pastoral support in order to create an appropriate and relevant learning environment for you is seen as the prime responsibility of the academic staff. We reflect the mission of the University within the classroom and ensure that you can understand the mechanisms that have been created as part of your teaching schemes to assist you. These include the strong emphasis placed upon the seminar system, the use of various assessment points within each unit and prompt feedback from assignments. These strategies are designed to ensure that you achieve your maximum potential.


Units will typically be taught in a one two hour block per week or fortnightly. Classes will be small enough to support an interactive learning environment, with group activities, and discussion. All units will be supported by the Universitys on-line learning environment, BREO, which will provide access to course materials and discussion groups.


Staff research and consultancy experience will be used to enhance teaching and learning wherever possible. The course team has strong connections with practice, through external consultancy work and links with professional bodies.


You will benefit from an extensive introduction to the use of computers, computer programmes and computer based technology, which helps them prepare for twenty first century methods of teaching and learning.This is complemented by library exercises which aim to develop further skills in researching law material.


In the second term, the emphasis moves progressively to more independent forms of learning. At this stage, you are expected to adopt an analytical approach to study and a critical stance towards the reading they are encouraged to pursue. This is mainly done through the Dissertation unit and by way of dissertation meetings with supervisors.


The process continues into the third term when students are expected to operate within an increasingly independent learning context. For example, students undertaking their dissertation will engage heavily in self-directed and independent learning with guidance from supervisors.



Flexible learning:


Not only does the University require that all units explicitly specify the transferable skills that students will gain through successful completion of the unit but now, in effect, the units must all identify the Masters level skills assessed.


The Masters will offer three core courses that all students will have to undertake:


  • Introduction to Islamic Law and Islamic Legal Thought

  • Islamic Commercial Law

  • Islamic Finance


Then you will then have the choice between the options offered on the Masters in International Commercial Law.


  • International Alternative Dispute Resolution

  • International Contracts

  • Corporate Governance and Company Law

  • International Aviation Law


Therefore, you will have four units of 30 credits each, completed by a 60 credits dissertation.



Professional, Statutory and Regulatory Body Accreditation

None


Students with disabilities

The University Disability Advice Team is able to discuss and advise students on disability matters. Furthermore the personal tutor system is in place to offer disabled students academic support. Full details of this service will be available in induction.


Skills Development

Communication

To help with the development of this you will:


  • Debate ideas with your fellow students and lecturers in seminars

  • Give individual and group presentations on Islamic commercial issues

  • Utilise research in written course works but also in your own unique dissertation

  • Critically analyse cases, statutes and academic articles orally and in writing

In particular, in the Dissertation unit, you will be expected to acquire further skills of legal research and writing appropriate to Masters level.


In all the units, but in particular in the Dissertation unit and in the Library exercises, you will learn to develop this skill by:


  • Describing, interpreting and organising data, establishing relevant information as necessary

  • Selecting and using appropriate packages (including word processors), making use of on - line facilities

  • Using a spreadsheet package to handle data tables, as necessary

  • Communicating quantitative information effectively to the audience, using an appropriate format, including charts and tabular data, as necessary

  • Locating WWW sites from given addresses and searching for sites and information

  • Sending and receiving email messages, including attachments

  • Selecting and using on line learning tools such as BREO

BREO, discussion boards, forum, powerpoint, video conferences and peeblepad will be used at different levels in all courses.



Research and Evaluation:


Students seeking an LLM in Islamic Commercial Law are required to undertake a 60-credit Dissertation unit. This requires you to use the skills and knowledge acquired in your programme for an in-depth study of a particular Islamic commercial law topic. In addition to requiring you to demonstrate your competence in time management, you will also be able to display your ability to research materials and to manage a lengthy and complex piece of work. It is also an opportunity to demonstrate the inter-relationship between knowledge from a number of areas previously encountered on the programme. The piece is expected to be critical



Creativity and Critical Thinking:


By its nature, law is a practical subject. The issue of Islamic commercial law and finance is particularly timely and open to discussion. There are therefore ample opportunities in tutorials, seminars and formal assessments for you to be given legal problems which could arise in industry/practice and where you are required to use your previous undergraduate and now higher Masters level knowledge and skills to identify the relevant legal principles of commercial law and demonstrate their understanding and application. You will apply Islamic law and Islamic commercial law principles to issues in order to arrive at a conclusion, in much the same manner as you might do, in industry / practice, when advising a client. Critical thinking is therefore at the core of your Masters studies, whether in class or when writing your dissertation. It is crucial to learn how to reflect upon Islamic law, Islamic banking theories and practice to become experts in your field.



Improving learning and performance

The Masters level units provide you with the tools and strategies to improve your own learning and performance and a practical grounding for your own personal development. Transferable skills such as in written and oral communication will build to postgraduate level from a prior foundation for learning in education, training and ultimately in work.


You are encouraged from the outset to further develop your own learning to postgraduate level. Problem solving is a key contributor to developing this skill because it requires not just the repetition of knowledge acquired but its understanding and application. This will often require you to go well beyond the guidance given to you. Whilst this is particularly fostered in the Dissertation unit and in particular in the writing up of your dissertation over the summer, you are encouraged throughout your LL.M programme to take increasing responsibility for your own learning. Guidance given in lectures and seminars is just that and you are expected to venture beyond such guidance.


Critical thinking is another aspect you will want to develop, as it will help you mastering the specialize topic you are studying and sharpening you working skills. Creativity and critical tools are also crucial elements in the Dissertation.


The LL.M Dissertation unit is the Personal and Professional Development unit for students undertaking the LL.M programme. The undertaking of the Masters dissertation introduces for some, and develops for all students, research and transferable skills. However, whilst the dissertation unit is the lead vehicle in this respect, it is complemented and supported by regular supervision meetings with LL.M supervisors in particular, but by all units throughout the Masters programme.



Progress files

Upon embarking on the Masters programme, you will be allocated dissertation supervsors from the LL.M teaching team. In addition, lecturers will encourage you to maintain a file (Progress File) of your academic performance and general development whilst undertaking the LL.M programme. The progress file is made of the following constituent parts:


  • A personal record of learning and achievement. These include copies of all assessment feedback as well as a formal transcript of your academic achievements, provided and accredited by the University of Bedfordshire

  • Documentary evidence of all work that might be of interest to future employers. This will include an annually updated CV, examples of excellent written coursework, evidence of volunteering activities, work placements and part-time work, such as personal references, etc

  • Personal Development Planning. Staff members will review your academic progress and your career management skills during the course of your LL.M studies

  • Dissertation Supervision Meetings. The regular dissertation meetings between you and your supervisor, particularly in the third term, allow the supervisor to monitor your progress and to get to know you well enough to write references on your behalf



Professional standards

Professional attitudes, values and standards are prerequisite for successful academic performance and for managing transition from LLM studies into employment. At University, postgraduate students are part of a wider learning community that emulates professional standards, and therefore, you must adopt appropriate professional attitudes and behaviour. Most importantly, you are expected to drive your learning in a responsible and proactive manner.


In order to develop an appropriate professional attitude the LL.M teaching team expect you, as a postgraduate student, to:


  • Attend at all lectures and tutorials / seminars

  • Arrive punctually for all sessions

  • Maintain contact with the lecturing staff and dissertation supervisors

  • Refrain from talking and use of phones etc. during sessions

  • Show politeness and courtesy both to fellow students and university staff at all times

  • Be considerate to other students in the Learning Resources Centre and in University as well as be good ambassadors when visiting other universities for research

  • Manage educational commitments and ensure assignment deadlines and classes are not missed

  • Submit work which is fully referenced and is students own

  • Adhere to staff office hours

  • Undertake responsibility for your own learning

  • Be proactive in research and learning to the Masters level particularly in the context of research advice from dissertation supervisors



Strategy for developing and embedding the professional standards

The development of professional attitudes, values and standards is central to the postgraduate students study of Law. Consequently, during the course of the induction, teaching and with regular contact with your lecturers you will be reminded of the need to attain, where necessary, and maintain professional standards. These standards are maintained formally in the LL.M Field Course Committee meetings held twice in the academic year. Breaches of the code will be reported to the LL.M Course Manager, the Field Chair and the Head of the School of Law.



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