Theological Ethics 5210a
Islamic Ethics: Theory and Application
Course Outline: Fall, 2015
Instructor:
Ingrid Mattson, PhD
London and Windsor Community Chair in Islamic Studies
imattson@uwo.ca
Department of Theology, Room A227
519-438-7224, ext. 269
*Note that email is the preferred method of communication.
Time and Days: Mondays 3:30-5:30 pm; Wednesdays 2:30-3:30 pm Room: W101
Prerequisites: PT 5235 or RS 3100 or permission of instructor
Islamic ethics is the study of the methods used by Muslims to discover the best way they should engage with other
individuals and the rest of creation. Islamic ethical reasoning is a holistic approach to behaviour, reuniting the
principles and tools of Islamic law with the responsive spirit of the Qur’an and the exemplary conduct of the
Prophet Muhammad in a manner that is appropriate to a real world situation. In this class, we will examine
principled reasoning in classical Islamic jurisprudence, the theological status of reason in Islam, the principles and
priorities of traditional ethical reasoning, the arguments for a goal-oriented or a value-oriented approach to ethics,
the contemporary emphasis on the context of the ethicist and the construction of religious authority, and the
importance of individual moral formation.
Outcomes: By the end of this class you should be able to:
 Identify the different approaches to ethics in pre-modern Islamic civilization
 Describe the major theological-ethics schools of classical Islam
 Demonstrate how reason is used as a source and as a tool in various ethical schools
 Articulate the major ethical themes and methods found in the Qur’an and Sunna
 Identify the tools of Islamic legal reasoning that are used in Islamic ethics
 Explain why a resort to “The Goals of the Sacred Law” are often invoked in modern ethical reasoning
 Describe how a “values” and “moral” approach to ethics differs from a legal approach
 Argue a controversial ethical issue using the tools and principles of Islamic ethical reasoning.
 Identify at least six contemporary Muslim ethicists and articulate some of their views.
Required Textbook: Mohammad Hashim Kamali, Shari`ah Law: an Introduction (Oxford: Oneworld, 2008). *You
must bring the book to each class every day. Other readings will be available on the OWL class website.
Assignments & Method of Evaluation of Assignments:
1. Two tests @ 10% each (20%)
2. Presentation of an ethics case study (20%)
3. Research paper on ethics case study (30%)
4. Participation in discussion of other students’ presentations and reports (10%)
5. Book report (20%)
Description of graded submissions:
1. Tests: Identification of terms and persons; short answer.
2. Oral presentation: Argue a position on an approved topic using the tools of Islamic ethical reasoning. 20
mins. Must include handout for class.
3. Research paper: 20 pages approx. Comply with professor’s “Writing Guidelines” – available on OWL site.
4. Participation: Be present and comment on other students’ oral presentations and book reviews.
5. Book report: 1200-1500 words. When writing, heed advice of “U. of T. Book Review Guidelines” on OWL.
Book must be selected from “Islamic Ethics Bibliography” or approved by the professor.
EXAMPLES OF TOPICS FOR PRESENTATION/PAPER
(Just to give you an idea…)
1.
-
Community Ethics/Social Justice
Is the death penalty ethical?
With an aging population, what are the ethical guidelines for allotting health-care resources?
What should be done with juvenile offenders in the criminal justice system?
Is voluntary castration an option for sex offenders?
Is the legal, social and economic status of migrant workers in the UAE ethical?
2.
-
Family Life and Sexuality
Adoption: What obligation does the community have to facilitate and encourage it?
Polygamy: Can it ever be ethical? Moral?
Domestic Violence: Is the traditional Islamic position immoral?
LGBT: Should Muslims support marriage equality? What are the community’s ethical obligations to LGBT
Muslims?
Elder care: Is there a communal obligation to support the elderly?
3.
-
Political Ethics
What are the ethical obligations of citizenship?
How should the mosque prioritize political and social justice concerns?
Are there any ethical guidelines for political advocacy?
What is an ethical land-use and ownership policy?
4. Ethics of War and Peace
- Are there any absolute limits to tactics in warfare?
- Is torture of the enemy in war ever justified?
5.
-
Environmental Ethics and Animal Rights
Can animal testing ever be ethical?
Should companies be allowed to bottle and sell water?
Do wild animals have the right to exist?
6.
-
Medical Ethics
Abortion: When is it allowed in Islam? Can physicians opt out?
Organ transplantation: How should patients be prioritized? Should donors be paid?
End of Life Care: Only the double-effect, or can physicians explicitly prescribe lethal doses in cases of
extreme suffering?
Additional Statements
1. Use of Electronic Devices during Class
Students who have an accommodation to use electronic devices in class must have this communicated to
the professor. Students who need to be on-call during class should keep their phone out of sight if possible.
In all other cases, I do not allow the use of a laptop or other electronic devices during class, even to record
notes. Studies have shown that in normal circumstances, such usage blocks deeper comprehension and
analysis of the ideas being presented and discussed. Please read this article:
http://www.educationnews.org/technology/study-laptops-in-the-classroom-can-distract-hinder-learning/
and this article: http://www.nytimes.com/2010/11/21/technology/21brain.html?pagewanted=all&_r=0.
If, having read these articles, you still are determined to take notes on your laptop, you must submit a
request in writing to the professor, explaining why you believe this will improve your learning and what
you will do to ensure that your screen does not distract others.
2. Use of Electronic Devices during Tests and Exams
No electronic devices may be used during tests and exams unless required for a documented medical
condition or learning disability.
3.
Academic Offences:
Scholastic offences are taken seriously and students are directed to read the appropriate policy,
specifically, the definition of what constitutes a Scholastic Offence, at the following web site:
http://www.uwo.ca/univsec/handbook/appeals/scholoff.pdf.”
4. Plagiarism-detecting Software/Computer Marking:
All required papers may be subject to submission for textual similarity review to the commercial
plagiarism detection software under license to the University for the detection of plagiarism. All papers
submitted for such checking will be included as source documents in the reference database for the
purpose of detecting plagiarism of papers subsequently submitted to the system. Use of the service is
subject to the licensing agreement, currently between Western University and Turnitin.com
(http://www.turnitin.com ).
5. Support Services:
 UWO Registrar’s Office: http://www4.registrar.uwo.ca
 Huron’s Faculty of Theology, Office of the Dean:
http://www.huronuc.on.ca/faculty_of_theology/info_for_current_students
 srice@uwo.ca, 519-438-7224, ext. 289
 Huron’s Writing Skills Centre: http://www.huronuc.on.ca/student_life/writing_services
 UWO Student Support and Development Services:
http://communications.uwo.ca/current_students/student_services.htm
6. Accommodation for absences:
If documentation is required for either medical or non-medical academic accommodation, then such
documentation must be submitted by the student directly to your Faculty’s Dean’s office (or academic
counselor), and not to the instructor. For the Faculty of Theology, all such documentation must be
submitted to room A120. It will be the Dean’s office that will determine if accommodation is warranted.
a) Non-medical absences and late work:
Points will be deducted from the participation grade after two unexcused absences from class.
5% will be deducted per day for late assignments. A request for relief may be submitted to the Dean’s
Office in order for accommodation for non-medical absences from tests and examinations to be considered.
b) Medical absences: See also the Policy on Accommodation for Medical Illness
—Undergraduate Students: http://www.uwo.ca/univsec/handbook/appeals/medical.pdf.
For work representing 10% or more of the overall grade for the course, a student must present
documentation indicating that the student was seriously affected by illness and could not reasonably be
expected to meet his/her academic responsibilities. Documentation must be submitted as soon as possible
to your Faculty Dean’s office (Huron Arts & Social Science students should take their documentation to the
Academic Counsellor, through the Academic Services Centre at Huron), together with a Request for Relief
specifying the nature of the accommodation requested. The request and documentation will be assessed
and appropriate accommodation will be determined by the Dean’s office in consultation with the
instructor(s.) Academic accommodation will be granted ONLY where the documentation indicates that the
onset, duration and severity of the illness are such that the student could not reasonably be expected to
complete his/her academic responsibilities.
The UWO Student Medical Certificate (SMC) and Request for Relief are available at the Student Centre
website (https://studentservices.uwo.ca/secure/index.cfm), Huron University College Academic
Counselling website (www.huronuc.on.ca) or from the Dean’s Office or Academic Services Centre at Huron.
PRELIMINARY READING LIST AND SCHEDULE
(Monday, 2hrs; Wed., 1 hr.)
Class 1: Monday, Sept. 14: Introduction and overview of ethical schools and theories
 Majid Fakhry, selection from Ethical Theories in Islam, (Leiden: Brill, 1994) pp. 1-58.
Class 2: Wed., Sept. 16: Natural Law and Ethical Voluntarism and Reason
 Anver M. Emon, Islamic Natural Law Theories (Oxford University Press, 2010), 7-39.
Class 3: Monday, Sept. 21: Moral Agency in Islamic Thought
 Kevin Reinhart, “Islamic Law as Islamic Ethics,” Journal of Religious Ethics, vol. 11/2 (Fall 1983), 186-203.
 Livnat Holtzman, “Human Choice, Divine Guidance and the Fiṭra Tradition: The Use of Hadith in Theological
Treatises by Ibn Taymiyya and Ibn Qayyim al-Jawziyya,” in Ibn Taymiyya and His Times, pp. 163-188.
Class 4: Wed., Sept. 23: Qur’anic Morality
 Falzur Rahman, “Man as Individual,” Chapter Two from Major Themes of the Qur’an (Minneapolis and
Chicago: Bibliotheca Islamica, 1980).
 Selection from Wael B. Hallaq, “Groundwork of the Moral Law: A New Look at the Qur’an and the Genesis of
Sharīʽa,” Islamic Law and Society 16 (2009), pp. 256-279.
Class 6: Monday, Sept. 28: Nature, Sources and Objectives of Sharīʿah I
 Kamali, Chapter 2
Class 7: Wed., Sept. 30: Characteristic Features of the Sharīʿah I
 Kamali, Chapter 3
Class 8: Monday, Oct. 5: Characteristic Features of the Sharīʿah II
 Kamali, Chapter 3
Class 9: Wed., Oct. 7: Diversity in the Law
 Kamali, Chapter 5
Monday, Oct. 12: Thanksgiving; no classes.
Class 10: Wed., Oct. 14: Goals (Maqāṣid) of the Sacred Law
 Kamali, Chapter 6
Class 11: Monday, Oct. 19: Legal Maxims (Qawāʾid)
 Kamali, Chapter 7
Class 12: Wed., Oct. 21: *Test #1
Class 13: Monday, Oct. 26: The Principle of Legality
 Kamali, Chapter 9
Class 14: Wed., Oct. 28: Democracy and Fundamental Rights I
 Kamali, Chapter 10
 Jackson, Sherman. “Shariʾah, Democracy, and the Modern Nation-State: Some Reflections on Islam, Popular
Rule, and Pluralism,” in Fordham International Law Journal, v. 27, issue 1 (2003): 88-107.
Class 15: Monday, Nov. 2: Democracy and Fundamental Rights II
 Fadel, Mohammad. “Public Reason as a Strategy for Principled Reconciliation: The Case of Islamic Law and
International Human Rights,” Chicago Journal of International Law, Vol. 8, No. 1, p. 1, 2008; University of
Toronto, Legal Studies Research Paper No. 981777. Available at SSRN: http://ssrn.com/abstract=981777.

Moosa, Ebrahim. “Muslim Political Theology: Defamation, Apostasy and Anathema,” in International
Symposium-Cartoons and Minarets: Reflections on Muslim-Western Encounters, Heinrich Böll Foundation,
2012; online:
http://dukespace.lib.duke.edu/dspace/bitstream/handle/10161/6068/MuslimPoliticalTheology.pdf?sequ
ence=1.
Class 16: Wed., Nov. 4: Book report discussion (only TH 5210 students)
Class 17: Monday, Nov. 9: Authority and the Ethics of Legal Reasoning
 Khaled Abou El Fadl, Speaking in God’s Name: Islamic Law, Authority and Women (Oxford: Oneword, 2001),
9-95.
 Kecia Ali, “ISIS and Authority,” http://feminismandreligion.com/2015/02/24/isis-and-authority-by-keciaali/.
Class 18: Wed., Nov. 11: Back to the Beginning: Morality and the Law in the Formative Period
 Mattson, “How ‘Doing Some Good’ Became a Law,” Chapter 3 from A Believing Slave is Better than an
Unbeliever: Status and Community in Early Islamic Society and Law (1999 University of Chicago doctoral
dissertation): available on ProQuest (available in Theses and Dissertation database online).
Class 19: Monday, Nov. 16: Is Moral Formation the Goal of Divine Guidance?
 Lawrence Rosen, “Muhammad’s Sociological Jurisprudence,” Chapter 10 from The Justice of Islam. New
York: Oxford University Press, 2000), pp. 176-186.
 Laury Silvers, “In the Book We have Left out Nothing”: The Ethical Problem of the Existence of Verse 4:34 in
the Qur’an,” Comparative Islamic Studies 2.2 (2006), 171-180.
Class 20: Wed., Nov. 18: Test #2
Class 21: Monday, Nov. 23: Does Islam command Moral Progress?
 Fazlur Rahman, “Introduction,” from Islam and Modernity
 Khaled Abou El Fadl, “Beyond a Reasonable Shariʿah,” Chapter 11 of Reasoning with God: Reclaiming
Shariʿah in the Modern Age (Lanham, MD: Rowman and Littlefield, 2014), 359-389.
Class 22: Wed., Nov. 25: The World as a Source of Value
 Tariq Ramadan, Radical Reform: Islamic Ethics and Liberation (Oxford and New York: Oxford University
Press, 2009), 85-112; 126-155.
Class 23: Monday, Nov. 30: Contemporary Applications
 Asifa Quraishi, “A Meditation on Mahr, Modernity, and Muslim Marriage Contract Law,” in Feminism, Law
and Religion, eds. Marie Failinger and Elizabeth Schlitz (Ashgate Publishing, 2013), pp-pp. 173-195.
 Zaynab Ansari, “Sexual Abuse Cases: Does Islamic ‘Tawba’ (Repentance) Absolve (Alleged) Abusers of Legal
Redress?” found online at: http://www.patheos.com/blogs/altmuslim/2015/09/sexual-abuse-cases-doesislamic-tawba-repentance-absolve-alleged-abusers-of-legal-redress/.
Class 24: Wed., Dec. 2: *Presentations
Class 25: Monday, Dec. 7: *Presentations
Class 26: Wed. Dec. 9: *Presentations