Course outline

The aim of the course will be to give German and international law students a comprehensive introduction to Arabic law. During the first lessons, I would like to focus on the legal history of the Middle Eastern and North African (MENA) region to explain the development of the legal systems from the Ottoman Empire through the European colonization until today. A second focus will be to present the basic concepts of the Islamic Sharia-Law, like Fiqh or Qanun, as the governing ‘common law’ of the MENA region before analyzing specific branches of substantive law.

By considering different Middle Eastern and North African (MENA) legal systems – such as the Algerian, Moroccan, Tunisian, Egyptian, Jordanian, Lebanese, and the Syrian-, the course will provide a comparison between these different laws in the MENA region. This course will have a historical approach by elaborating on the general legal system that was established during the Ottoman Empire, moving to the effect of the European colonization throughout the Arab region on the modern laws governing the Middle East and North Africa in the current time. In addition, the course will have a general approach on the influence of Islamic-Sharia-Law on both of the public and private laws in the region, especially the criminal law, the family law and the law of Inheritance. By introducing the concepts of Sharia, Fiqh and Qanun and emphasizing on the Islamic law as the governing ‘common law’ in the Middle East and North Africa. The course will also examine the different ruling bodies in each Arab country, how the legislation is established, and the functioning of the judiciary system in different countries in the Arab world. Furthermore, by presenting case studies on the most recent human rights issues in the region, this course will aim at providing a clear image of the current situation of human rights and the rule of law in the MENA. Lastly, the course will also examine the implementation of international treaties in Arab countries and the challenges they face based on cultural norms and costumes.

Objectives of the course

By the end of the course the students will be able to analyze, discuss and enhance their understanding in:

• The different ruling administrative bodies in the Middle Eastern and North Africa countries, the length of their terms, and how they are selected for leadership positions.
• The major differences between the constitutions and their amendments, the criminal Law, the family law and the inheritance law in different Arab countries.
• The history of colonialism in the Arab countries and the effect of European laws into establishing the current modern Arab law.
• The functioning of courts in the Middle East and North Africa and their role on advancing the legal system and influencing it.
• The enhancement of Judicial Review in more Arab countries.
• The role of the citizens in establishing and forming their governments.
• The critical human rights situation in the MENA region and the responsibility of these countries towards international treaties.
• The implementation of international laws within the Middle Eastern and North African legal systems.
• The issue of gender equality in the Arab laws and the advancement that were achieved in the most recent amendments.

Course Type

Practical language exercise

Assessment

Evaluation occurs on the basis of a final exam.

Course Registration:

Please register via Campus Management, Module "Fremdsprachenfachkompetenz A or B"

Frequency:

The course will be held at irregular intervals. close