SAQA All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.
SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED QUALIFICATION THAT HAS PASSED THE END DATE: 

Bachelor of Technology: Islamic Personal Law 
SAQA QUAL ID QUALIFICATION TITLE
64609  Bachelor of Technology: Islamic Personal Law 
ORIGINATOR
The Foundation for Higher Learning 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY NQF SUB-FRAMEWORK
-   HEQSF - Higher Education Qualifications Sub-framework 
QUALIFICATION TYPE FIELD SUBFIELD
B Tech  Field 08 - Law, Military Science and Security  Justice in Society 
ABET BAND MINIMUM CREDITS PRE-2009 NQF LEVEL NQF LEVEL QUAL CLASS
Undefined  480  Level 7  Level TBA: Pre-2009 was L7  Regular-Provider-ELOAC 
REGISTRATION STATUS SAQA DECISION NUMBER REGISTRATION START DATE REGISTRATION END DATE
Passed the End Date -
Status was "Reregistered" 		 SAQA 0480/09  2009-07-01  2012-06-30 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2012-06-30   2014-06-30  

In all of the tables in this document, both the pre-2009 NQF Level and the NQF Level is shown. In the text (purpose statements, qualification rules, etc), any references to NQF Levels are to the pre-2009 levels unless specifically stated otherwise.  

This qualification does not replace any other qualification and is not replaced by any other qualification. 

PURPOSE AND RATIONALE OF THE QUALIFICATION 
Purpose:

Students will acquire knowledge and insight of Islamic Personal Law into all areas of Marriage or all areas of Social Welfare & Economics in conjunction with South African Law on a comprehensive level. The primary purpose of the qualification is to provide qualifying learners with the skills and knowledge necessary to become Islamic Advocates, Magistrates, Judges or Professors in these fields. This qualification provides the necessary foundation into Islamic Personal Law through understanding and implementing the Quraan and Hadith. The five (5) different schools of thought (Doctrines) are also studied.

Rationale:

The candidates for this qualification are likely to work in Islamic Institutes, Community Organisations & Society as Islamic Advocates, Magistrates, Judges or Professors. The qualification provides the candidate to specialize in Islamic Personal Law Marriage - Political Science or Islamic Personal Law Social Welfare & Economics - Political Science. Learners who wish to gain an understanding by educating themselves of the Islamic Personal Law pertaining to either Marriage or Social Welfare & Economics and who wishes to strengthen and develop their own faith will definitely benefit from this qualification. This is the fourth qualification in a suite of four qualifications, which starts with the Certificate: Islamic Personal Law at NQF Level 3. 

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
Senior or Exemption Certificates endorsed by the South African Certification Board or equivalent and:
  • Certificate: Islamic Personal Law Overall, NQF Level 3.
  • Diploma: Islamic Personal Law, NQF Level 5.
  • Bachelor's Degree: Islamic Personal Law III, NQF Level 6.

    Access to the qualification:

    There is open access to the qualification. However, it is preferable that learners have completed Grade 10 with a competence in communication through the English language. 
    		•

    RECOGNISE PREVIOUS LEARNING? 
    N 

    QUALIFICATION RULES 
  • All the Fundamentals totaling 48 credits are compulsory.
  • All the Core modules totaling 400 credits are compulsory.
  • Learners must choose a minimum of 32 credits from the electives.

    Minimum of credits required to obtain the qualification: 480 credits.

    Fundamentals:

    General Islamic Law:
  • Literacy: 8 credits.
  • Getting to know the Self: 8 credits.
  • What is Law?: 16 credits.
  • Art of Implementing the Law: 16 credits.

    Total: 48 credits.

    Core:

    Islamic Law and S.A Law: Specialising in Marriage & Political Science:
  • Islamic Law through Quraan - Marriage : 40 credits.
  • Islamic Law through Hadeeth - Marriage: 40 credits.
  • Ask Program: 12 credits.
  • The Spiritual aspect to - Psychology: 12 credits.
  • Laws under the Shafi Doctrine - Marriage: 15 credits.
  • Laws under the Hanifi Doctrine - Marriage: 14 credits.
  • Laws under the Maaliki Doctrine - Marriage: 14 credits.
  • Laws under the Hambali Doctrine - Marriage: 14 credits.
  • Laws under the Jafari Doctrine - Marriage: 14 credits.
  • General South African Law - Marriage: 40 credits.
  • Islamic Law through Quraan - Political Science: 40 credits.
  • Islamic Law through Hadeeth - Political Science: 40 credits.
  • Laws under the Shafi Doctrine - Political Science: 14 credits.
  • Laws under the Hanifi Doctrine - Political Science: 14 credits.
  • Laws under the Maaliki Doctrine - Political Science: 14 credits.
  • Laws under the Hambali Doctrine - Political Science: 14 credits.
  • Laws under the Jafari Doctrine - Political Science: 14 credits.
  • General South African Law - Political Science: 35 credits.

    Total: 400 credits.

    OR

    Islamic Law and South African Law: Specialising Social Welfare& Economics:
  • Islamic Law through Quraan - Social Welfare & Economics: 40 credits.
  • Islamic Law through Hadeeth - Social Welfare & Economics: 40 credits.
  • Ask Program: 12 credits.
  • The Spiritual aspect to - Psychology: 13 credits.
  • Laws under the Hanifi Doctrine - Social Welfare & Economics: 15 credits.
  • Laws under the Maaliki Doctrine - Social Welfare & Economics: 15 credits.
  • Laws under the Hambali Doctrine - Social Welfare & Economics: 15 credits.
  • Laws under the Jafari Doctrine - Social Welfare & Economics: 15 credits.
  • General South African Law - Social Welfare & Economics: 40 credits.
  • Islamic Law through Quraan - Political Science - Social Welfare & Economics: 40 credits.
  • Islamic Law through Hadeeth - Political Science - Social Welfare & Economics: 40 credits.
  • Laws under the Shafi Doctrine - Political Science - Social Welfare & Economics: 15 credits.
  • Laws under the Hanifi Doctrine - Political Science - Social Welfare & Economics: 15 credits.
  • Laws under the Maaliki Doctrine - Political Science - Social Welfare & Economics: 15 credits.
  • Laws under the Hambali Doctrine - Political Science - Social Welfare & Economics: 15 credits.
  • Laws under the Jafari Doctrine - Political Science - > Social Welfare & Economics: 15 credits.
  • General South African Law - Political Science - Social Welfare & Economics: 40 credits.

    Total: 400 credits.

    Electives:

    Islamic Law: Social Contract:
  • Understanding social contracts: 8 credits.
  • The Spiritual aspect of social contracts: 8 credits.
  • The Message from Quraan: 8 credits.
  • The Message from Hadith: 8 credits. 
    		•

    EXIT LEVEL OUTCOMES 
    1. An understanding of Islamic Personal Law relating to Marriage or Social Welfare & Economics contexts - pertaining to development personally and in a community.

    2. Describe key doctrines and history of Islamic Personal Law relating to Marriage or Social Welfare & Economics (social contracts).

    3. Use the Quraan and Hadith to communicate Islamic Personal Law teachings and morality.

    4. A student is actively engaged in becoming a well educated, responsible Islamic Advocate, Magistrate, Judge or Professor and in preparing for further, more specific study or the work environment. As such he or she develops and holds certain values and integrates knowledge and skills to achieve his or her purposes. The specific outcome show how knowledge, skills and values are integrated in the qualification in the SAQA sub-field of Law, Military Science and Security (08). Apply Islamic Personal Law - to transform one-self, communities and individuals.

    Critical Cross-Field Outcomes:

    This qualification addresses all the Critical Cross-field Outcomes. A learner who obtains the B Tech Degree (NQF Level 7) in Islamic Personal Law: Specializing in either Marriage or Social Welfare & Economics can:
  • Demonstrate an understanding of the world as a set of related systems by educating others on problem solving within their individual circumstances.
  • Empower communities to reflect on and explore a variety of strategies to learn more effectively. Participate as responsible citizens in the life of local, national and global communities.
  • Show cultural and aesthetic awareness across a range of social contexts.

    The consistency exists between the critical cross-field outcomes above and the exit level outcomes for the qualification. The critical cross-field outcomes above are therefore contextualized as follows:
  • To enter related professions as Advocates, Magistrates, Judges, or Professors.
  • To produce legally skilled candidates with Bachelors Degree-level knowledge, specific skills and applied competence.
  • To provide Islamic Institutes with significant numbers of qualified people to ensure that the leadership base of innovative and knowledge-based economic and scholarly activity is broadened. Address problems in Islamic Institutes and community by using contextual approaches.
  • To provide the South African and the global community with Islamic lawyers who are empowered to accept their responsibility towards the realisation of a just society based on constitutional democracy within a world legal order.
  • Use the Quraan, Hadith and other resources effectively to construct academic writings and describing theological theories, experiences etc. to formulate concrete and creative responses to community problems.
  • Qualifier can identify, analyse and solve legal problems by using his or her acquired knowledge base responsibly and applying his or her acquired skills to engage critically and creatively with the law in a given context.
  • Qualifier can work effectively with others as a member of a team, group, organization or community to contribute to the sound administration of justice, to the development of the Islamic Law and legal system to meet the needs of society, to the furtherance of a just society. 
    		•

    ASSOCIATED ASSESSMENT CRITERIA 
    Associated Assessment Criteria for Exit Level Outcome 1:

    Political Science: Marriage:
  • An In depth analysis on Marriage obligations through each other. A personal account of the learners own knowledge relating to Marriages is given.
  • The learner will be able to identity the obligations required by each individual within the Marriage in accordance with Quraan and Hadith.
  • Research within the different cultural marriages within South Africa in comparison to the Islamic Personal Law Marriage.

    OR

    Political Science: Social Welfare & Economics:
  • An in depth analysis on Social Welfare & Economics obligations through individuals & communities. A personal account of the learners own knowledge relating to Social Welfare & Economics is given.
  • The learner will gain the understanding what is obligatory regarding Social Welfare & Economics in accordance with Quraan and Hadith.
  • He will also gain the knowledge of South African Law relating to Social Welfare & Economics.

    Associated Assessment Criteria for Exit Level Outcome 2:
  • Insight into social contracts - Islamic Personal Law through Quraan and Hadith.
  • Key doctrines and histories are outlined in accordance with Quraan and Hadith.
  • Key doctrines and histories are outlines in accordance with the 5 different schools of thought.
  • Personal faith is communicated to individuals and groups.
  • The purpose, sources and key elements of Islamic Personal Law doctrines are described with examples within the context.
  • The concepts of salvation and the Prophetic teachings are described within the Islamic Personal Law context.

    Associated Assessment Criteria for Exit Level Outcome 3:
  • Key Quranic texts are explained in relation to social contracts.
  • Central Islamic principles are articulated with examples within the context.
  • An overview of Quranic contexts and contents is explained in accordance with the Quraan and Hadith as guidelines.
  • An overview of Islamic Personal Law (Social Contracts) teachings and morality is presented to the audience.

    Associated Assessment Criteria for Exit Level Outcome 4:

    The Qualifier should:
  • Recognise the role of the Islamic Law in everyday life.
  • Think critically and analytically within a contextual framework to solve legal problems.
  • Solve complex legal problems.
  • Contribute to the realization of a just society based on a legal democracy.
  • Analyze the nature of different legal problems.
  • Present authoritative substantiated argument, based on the responsible use of legal authority through Quraan and Hadith, in support of a solution to a given problem.

    Integrated assessment appropriately incorporated to ensure that the purpose of the qualification is achieved:
  • Assessment practices must be open, transparent, fair, valid, and reliable and ensure that no learner is disadvantaged in any way whatsoever, so that an integrated approach to assessment is incorporated into the qualification.
  • Assessment of fundamental (literacy) should be integrated as far as possible with other aspects and should use practical contexts wherever possible. A variety of methods must be used in assessment and tools and activities must be appropriate to the context in which the learner is working or will work. Where it is not possible to assess the learner in the workplace or on-the-job, simulations, case studies, role-plays and other similar techniques should be used to provide a context appropriate to the assessment.
  • The term `Integrated Assessment` implies that theoretical and practical components should be assessed together. During integrated assessments, the assessor should make use of a range of formative and summative assessment tools methods and assess combinations of practical, applied, foundational and reflective competencies. Continuous assessment should be provided through:
  • Portfolios.
  • Simulations.
  • Workplace assessments and practical workbooks.
  • Written assignments.
  • Written tests.
  • Case studies and case presentations.
  • Peer group evaluation.
  • Competency evaluations of clinical skills.
  • Face to face contact with learners.
  • Assessment should ensure that all the outcomes and critical cross-field outcomes are evaluated in an integrated manner. 
    		•

    INTERNATIONAL COMPARABILITY 
    International Muslim Countries have their own Islamic Law based on the majority population's Philosophy and these Islamic Laws are somewhat practiced and offered within their Islamic Institutes. The Foundation for Higher Learning provides education on Islamic Personal Law Holistically for the individual as well as assisting the individual to gain a better understanding of their immediate surroundings. 

    ARTICULATION OPTIONS 
  • This qualification allows for students to assume office in Islamic Institutes of Justice as, Advocates, Magistrates, Judges or Professors etc. (specializing in the field chosen) in accordance with requirements set by the Islamic Institute of Justice or Universities. 
    		•

    MODERATION OPTIONS 
    A system of examiners within the institution will be used. Where professional or statutory bodies are involved in determining the curriculum, they will also be involved in moderation. 

    CRITERIA FOR THE REGISTRATION OF ASSESSORS 
    Our own staff will be used as assessors in a manner accommodated within the qualify management system of the institution.

    For an applicant to register as an assessor, the applicant needs:
  • Interpersonal skills, subject matter expertise and assessment experience.
  • To be competent in the planning and conducting of assessment of learning outcome.
  • The subject matter experience must be well developed within the subfield of Islamic Personal Law practices.

    The assessor must have completed:
  • A similar qualification or from the same family of qualifications, at or above the level of the qualification.
  • Minimum of one year experience within the Islamic Personal Law environment.

    The subject matter experience of the assessor can be established by recognition of prior learning. 
    		•

    REREGISTRATION HISTORY 
    As per the SAQA Board decision/s at that time, this qualification was Reregistered in 2009. 

    LEARNING PROGRAMMES RECORDED AGAINST THIS QUALIFICATION: 
     
    NONE 


    PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS QUALIFICATION: 
    This information shows the current accreditations (i.e. those not past their accreditation end dates), and is the most complete record available to SAQA as of today. Some Primary or Delegated Quality Assurance Functionaries have a lag in their recording systems for provider accreditation, in turn leading to a lag in notifying SAQA of all the providers that they have accredited to offer qualifications and unit standards, as well as any extensions to accreditation end dates. The relevant Primary or Delegated Quality Assurance Functionary should be notified if a record appears to be missing from here.
     
    NONE 


    All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.