Explore the programs and courses offered by Comparative Fiqh and Its Foundations
Browse Programs Admission InformationWithin the framework of university scientific development and in order to meet the current needs of society, the Department of Fiqh and its Foundations proposes this third cycle doctorate in 'Comparative Fiqh and its Foundations' within the LMD system. This program aims to study legal issues and new developments through a comparative approach between schools of jurisprudence, to update Usuli methodologies, and to adapt Sharia rules to contemporary issues.
1. Theoretical Deepening of Fiqh Theories and Concepts:
• In-depth comparative study of fundamental concepts in Usul and Fiqh.
• Approaches based on the comparison between Islamic Fiqh, philosophical theories, and contemporary currents of thought.
1. Theoretical Deepening of Fiqh Theories and Concepts:
• In-depth comparative study of fundamental concepts in Usul and Fiqh.
• Approaches based on the comparison between Islamic Fiqh, philosophical theories, and contemporary currents of thought.
2. In-depth Specialization in the Branches of Comparative Fiqh:
A. Comparative Fiqh of Transactions (financial, commercial, economic):
• Analysis of jurisprudential opinions of schools on contemporary financial issues (cryptocurrencies, crowdfunding, modern companies, complex financial instruments).
• Presentation of points of divergence and convergence in contracts, conditions and intentions, and their legal impact.
B. Comparative Family Fiqh:
• Study of doctrinal divergences on issues of marriage, divorce, custody, filiation, and alimony.
• Integration of opinions from contemporary Fiqh academies and reconciliation between texts and public interest.
C. Comparative Fiqh of Offenses and Penalties:
• Examination of the different qualifications of Hudud, Qisas, Ta'zir and their conditions of application.
• Comparative analysis of the opinions of jurisconsults and the requirements of modern penal systems.
D. Comparative Political Fiqh and International Relations:
• Legal foundations of governance systems, allegiance, consultation (Shura), accession to power, and political opposition.
• Comparison of the positions of Fiqh schools on peace and war, treaties, and diplomatic representation.
E. Medical Fiqh and Contemporary Issues:
• Discussion of current medical issues (cloning, organ transplantation, in vitro fertilization) in light of the rules of necessity, hardship, and public interest, comparing the opinions of the schools.
3. Comparative Research Methodologies in Fiqh and Usul:
• Training in the use of tools for comparison between schools in Fiqh and Usul issues.
• Analysis of Ijtihad methods and the impact of divergences in Usul on fatwas.
4. Critical and Applied Analysis:
• Enabling students in balanced reasoning and the prioritization of opinions, as well as clarifying points of divergence.
• Practical application of the comparative Fiqh methodology on contemporary issues.
5. Preparation for Original Scientific Research:
• Training students in writing comparative research based on major sources, respecting the objectives of Sharia and adapted to current issues.
• Encouragement of innovative research in fields such as legal codification, collective fatwa, and interaction with positive legislations.
6. Monitoring of Current Events and Collective Ijtihad:
• Study of the work of Fiqh academies and scientific conferences on contemporary issues.
• Analysis of their decisions in terms of foundations, deductions, and doctrinal reference.