Project Report the Internationalisation of Law Degrees and Enhancement of Graduate

Project Report Comparative Sharia Law: The development of teaching materials in the area of Sharia compliant financial instruments and intellectual property. UKCLE funding: £2,600. Dr. Mark Van Hoorebeek, Bradford University Law School. The University of Bradford.

0. Acknowledgements

This project has benefited hugely from the Islamic studies network which is funded by UKCLE and the HEA. Not only did the UKCLE team provide support but the prior work undertaken by other projects in this area enables individuals and institutions to confidently use the existing material and further develop the subject from these foundations. Moving into potentially contentious but important areas is something universities should strive to do and having the support of UKCLE has enabled Bradford University to fulfil this aim in regard to Sharia law. The teams at JISC OER1, Jorum,2 EDINA,3 Mimas4 and CED5 have also been instrumental in providing a reliable platform and related support to facilitate the release of open educational resources (OER).

There is already a vibrant academic community in regard to learning, teaching and research in this area and the communication with this important source of information has and continues to be appreciated. The module currently delivered at Bradford University would not have arisen without the openness of the teaching community in this area, as the members of the Islamic Studies Network provided the initial contacts for advice regarding the setup and subsequent

1 Joint Information Systems Committee (JISC): http://www.jisc.ac.uk/whatwedo/programmes/elearning/oer Accessed 7th August 2011. 2 Jorum Repository of learning and teaching materials: http://www.jorum.ac.uk Accessed 7th August 2011. 3 EDINA provides web services and tools for students and staff in Higher and Further Education in the UK: http://edina.ac.uk Accessed 7th August 2011. 4 Mimas is an organisation of experts. Its role is to support the advancement of knowledge, powering world-class research and teaching: http://mimas.ac.uk Accessed 7th August 2011. 5 CED Centre for Educational Development: http://www.brad.ac.uk/educational-development Accessed 7th August 2011. ©2011 UKCLE development of the module. It is hoped this project will continue to develop this area and part repay the community for their advice by providing exemplars of module creation and delivery in a novel and cross disciplinary way.

1. The background to the research: Why is this area important?

Growth in the financial markets continues to feature heavily in the news across the world; these financial markets rely on a wide spectrum of financial instruments to provide a range of options for organisations and individuals to trade. Despite the overall bleak financial outlook the Islamic finance sector has received continuing predictions for growth. One of the most recent comes from the Financial Times in June 2010 which outlined that:

“ There are over 500 financial institutions offering Islamic Finance in over 80 different countries, these range from retails banks to investment banks and asset managers. A recent estimate puts the Islamic Finance industry [at] $1 trillion [dollars] worth of assets and predicts that it will grow at between 10-15 per cent per annum.”6

This “1 trillion” figure provides a “hook” for news companies and thus it has been widly used. The current estimated market size of 1 trillion US dollars can be traced back to 2007, when the Islamic Financial Services Board (IFSB) revealed its Ten-year Framework,7 which dealt with a number of aspects of the Islamic finance sector; including an estimate of its market size.

Future forecasts are also predicting growth: Credit Suisse8 expects Islamic finance to be worth 3 trillion dollars in 2016;9 other estimates have reached up to the 5 trillion dollar mark. These figures may be based on various assumptions such as the price of oil, but however portrayed, the area provides a wide range of job opportunities. The Comparative Sharia Law module aims to provide lawyers and managers from the respective Law and Managements schools, a skill set

6 Warwick-Ching, L. (2010) Beginners’ Guide to Islamic Finance, The Financial Times: http://www.ft.com/cms/s/0/8c9bc2fc-8845-11df-a4e7-00144feabdc0.html#axzz1UPZxOqxc Accessed 7th August 2011. 7 Ten-Year Framework and Strategies (TYFS) for Development of the Islamic Financial Services Industry, a joint initiative of the IDB Group and Islamic Financial Services Board (IFSB). www.ifsb.org/docs/10_yr_framework.pdf Accessed 12th August 2011. 8 Credit Suisse: www.credit-suisse.com/uk/en Accessed 12th August 2011. 9 Leins, S. (2011) Global Trends: Integrating Islamic Values Into Finance: Thematic Research: https://infocus.credit-suisse.com/app/article/index.cfm?fuseaction=OpenArticle&aoid=300559&lang=EN Accessed 12th August 2011. ©2011 UKCLE that is grounded by a solid foundation of basics, whilst incorporating an international scope that incorporates the potential needs of the Organization of the Islamic Conference (OIC) states;10 a grouping of 57 states each with specific Islamic finance and intellectual property agendas.

2. Course materials: a) What prompted the module and the module content?

A wave of student and institutional based interest arose from a number of directions: Partially from the increased press coverage, the international reach of Bradford Management School in regard to overseas partners and finally the community makeup of the Bradford and Leeds area.11 Any aspect of Sharia law taught within the UK university sector is a relatively new subject which provides a unique problem from a learning and teaching perspective12 UKCLE involvement in the area helped to sooth any institutional questions regarding the limitation of potential controversy and institutional fit of the proposed module. The module does not deal with perhaps the more controversial criminal areas of Sharia law, as the module taught at Bradford University is focused on the market aspects of how financial instruments and intellectual property can be first integrated and secondly levered in a economic context with additional focus placed on the legal aspects of dispute resolution based around the concept of faith based arbitration.

Challenges and opportunities are presented as these topics are not settled and do not have a standard delivery, the elective status of the modules reinforces the idea that students may undertake the course to indicate a potential specialism or unique selling point to a potential employer. With companies increasingly operating internationally the continued globalisation affects the current and future employment markets with new challenges. For the UK to remain competitive in the world market and the university sector to continue to ensure graduate employability beyond national boundaries, growth subjects such as Sharia law should be fostered.

As mentioned previously UKCLE and the HEA have undoubtedly improved the foundation materials, enabling further learning and teaching content creation and 10 The Organization of the Islamic Conference (OIC) is the second largest inter-governmental organisation after the United Nations which has membership of 57 states spread over four continents. 11 The area has a large Muslim population and also has a banking sector. 12 Foster, N. (2010) The dangers of kryptonite: Living with imperfection in the teaching of Islamic law. This presentation was given at the inaugural meeting of the UKCLE Islamic Law Special Interest Group. http://www.ukcle.ac.uk/projects/current-projects/islamicstudies/sig/foster Accessed 10th August 2011.

©2011 UKCLE increased confidence in the area of Islamic law. Gathering other institutions pursing similar goals under a common banner helped in regard to the module achieving institutional academic justification as well as satisfying the need for employer and student demand to be shown.

b) What are the levels of study

The project focused entirely on the production of online shareable resources, for specialists and non-specialists who are teaching or are being taught in the area of Islamic studies. The module was accredited according to the levels outlined within the qualification level descriptors as set out in the National Qualifications Framework for England, Wales and Northern Ireland (EWNI credit level descriptors), as published by the Quality Assurance Agency for Higher Education (QAA).13 The materials have been drafted at Level 6 however thought has been given to how the material has been formatted to enable the Level 5 (Foundation) and Level 7 (Masters) targets to be integrated by other modules leaders.14 This has been carried out and has proceeded as outlined in the grant proposal document to facilitate a cascade approach to material creation.15

c) How is the content formatted?

There is an intention to continually update the materials as the module content and delivery technologies evolve and improve. The material that has been created and deposited within Jorum includes the following types:16

Example 1: Word documents. Example 2: PowerPoint. Example 3: Prezi.

13 See Appendix 1 at the end of this document. 14 See Appendix 2 at the end of this document. 15 “It is envisioned that alongside these materials being offered at Level 6 (Degree), the EWNI credit level descriptors and the Framework for Higher Education Qualifications in England, Wales and Northern Ireland (FHEQ) will be used by the project team to ensure that the material can be used and repurposed by students, lecturers and practitioners who wish to use and repurpose materials delivered at Masters level (level 7), Bachelor with Honours level (level 6) through to Foundation Degree and Diploma level (level 5). This cascade approach to OER creation is likely to enable wider usage within the sector. Efforts will also be made to ensure that electronic delivery is available to suit a range of computer capabilities. This will ensure that the material has both relevance and reach in regard to developed and developing countries.” Grant proposal document pages 2 and 3. 16 Jorum was recently migrated to Mimas, due to sight teething problems from the transfer of the large amount of content the materials should be accessible from September/October 2011. Please see the Jorum site for further updates. ©2011 UKCLE Example 4: Articulate Flash with audio, interaction and questions. Example 5: Video.

Future developments that have further extended the reach of the project have included examples of mobile delivery and augmented reality. The augmented reality aspect has comprised of materials available on Layar 17, Aurasma18 and Wikitude.19 This part is present within the module but is still in the development stage in regard to the format for reuse and deposit in Jorum due to the locational aspect of the content delivery.

d) What is the module content?

The module content has been discussed within the academic literature 20 and was subsequently incorporated into the Bradford University portfolio in regard to Management and Law.21 The module content is based around the following three areas: Sharia financial instruments, Sharia intellectual property and Faith based arbitration. The administration for the module has also been deposited this includes the course manual and module descriptor.

3. Dissemination

The dissemination has taken place as described in the project plan; the most successful aspect has been the supplementation due to support shown from Bradford partner organisations in Oman, Hong Kong, Singapore, India and Dubai who offer a business law module. A literature review was conducted concerning the learning and teaching of the area across the world but the perspectives from other countries regarding content and levels was hugely beneficial.

Part of the material has permeated across to the Management School from the Law School, for example part of the module syllabus is already covered in a large cohort of undergraduate management students studying business degree routes: (354 students in 2009/10). It is envisioned that dissemination will continue to include other UK and international universities through deposit into Jorum. This OER approach has allowed stakeholders and other interested parties to view, interact and use the materials in areas that may not be familiar to the wider

17 Layer: www.layar.com Accessed 10th August 2011. 18 Aurasma: www.aurasma.com Accessed 10th August 2011. 19 Wikitude: www.wikitude.com Accessed 10th August 2011. 20 Van Hoorebeek, M. and Gale. C. (2008) Sharia law and the Qur'an: providing Islamic jurisprudential modules, Education, Business and Society: Contemporary Middle Eastern Issues, Volume 1, issue 2, pp.138 – 144. 21 www.mvanhoor.co.uk/sipfi Currently under construction. ©2011 UKCLE public. It is believed that the release of these materials will encourage further teaching and research in the important areas of Islamic finance and intellectual property. This has increased the dissemination in an institutional, community and national context, it is envisioned that these kinds of interactions will continue to be progressed.

4. Methodology

A simple methodology was followed: The existing course structure was followed integrating as much of the content within the boundaries of copyright constraints. The content was separated away from the delivery methods so that content could be delivered in numerous formats. The range of formats used has been previously outlined in section 2) c).

5. Key findings and Discussion

a) The University of Bradford as an institution values the ethnic diversity provided both by its location and strong international recruitment. Students are keen to find ways of fully utilising their current skill sets by supplementing them with synergistic modules. The Comparative Sharia Law module provides an excellent opportunity to do this. Bradford has a strong recruitment from the international community and in addition to this has a diverse range of students, a proportion of these students are from (or have historically originated from) a Muslim country. These students are often bilingual and have some heritage understanding of the area, when this is married with the growth of the Islamic finance sector there are significant opportunities to exploit within the job market place by the utilisation of these unique selling points.

b) Institutional buy in and support from senior management and multi-school collaborations have been aided by the existence of a subject centre discipline strand in the area of Sharia law.

c) Community interest from local solicitor firms has helped to integrate the involved schools and the University in new areas within the local community.

d) The quality of the reading materials that are in place and available to the student and academic body is hugely important. Biased and inaccurate comment can be problematic but to a certain extent this is an important transferable skill in itself. By investigating a source of information for

e) It has been a slight disappointment that the OER related requests for information and content were not more successful. To help to lessen the effect of this the CDPA section 29 and related sections that pertain to the criticism and review exemptions have been used and the material in question has been used sparingly rather than in its entirety. The open educational resources aspect was not as straightforward as had been expected as indicated by other OER based projects. As a result of this the work proceeded in a slightly different direction in regard to content that could be reused. Repurposing under the criticism and review and new educational use meant that judgement was required to ascertain the pertinent portions for learning and teaching use. The importance of quality materials is high on the list of priorities as they facilitate the high level analysis and in depth learning that is the aim of the module and is also reflected in the module descriptor that in turn reflect the EWNI credit level descriptors. Request for use in a learning and teaching environment has met with a high level of non-response, there were however notable exceptions.22

f) Various internet based processes will be used to track the use of the materials: Google analytics will be run on the site to see how many times the site is accessed, the blog part of the site will be used to capture the reflections of academics and students who are using the materials. How easy the material can be discovered is also an issue both on the popular search engines and within Jorum, to help identification meta tagging and key words have been used.

g) The growth of the sector will provoke further comment especially against the contrasting backdrop of a potential world economic downturn. The demand for talent from the job market will increase as further diversity is developed within the Islamic finance and intellectual property sector. This diversity will be multiplied as the Muslim states individually tailor their finance and intellectual property provision to fit their unique situation and accompanying long term goals. The transferable skills that are present in the module such as faith based arbitration and knowledge of Sharia

22 “Dear Mark, Of course you may use my article in your course notes. I'm glad that it has been informative and hope that it has shed some light on what I believe is a very important issue.” Letter received in response to OER usage request. ©2011 UKCLE boards should place the students taking this module in good stead within a competitive job market.

6. Recommendations

As mentioned earlier the materials, support, guidance provided by the Islamic Studies Network alongside the previous project materials, should keep providing benefit as further development of the area occurs and new institutions recognise the opportunities presented by this area.

7. Appendices

Appendix 1:

QAA Level Descriptor Typical HE Qualifications (2008)

3 Pre-certificate level

4 HNC Certificate of HE

5 HND Foundation Degree Diploma of HE

6 Bachelor's Degree with Hons Graduate Diploma Graduate Certificate

7 Master's Degree Postgraduate Diploma Postgraduate Certificate

8 Doctorates

Appendix 2:

Level Qualifications at the level indicated are Typically, holders of a And will have: awarded to students who have qualification at the level demonstrated: indicated will be able to:

I i) knowledge and critical understanding of a) use a range of established d) qualities and the well-established principles of their techniques to initiate and transferable skills

©2011 UKCLE area(s) of study, and of the way in which undertake critical analysis of necessary for those principles have developed; information, and to propose employment requiring ii) ability to apply underlying concepts and solutions to problems arising the exercise of principles outside the context in which from that analysis; personal responsibility they were first studied, including, where b) effectively communicate and decision-making. appropriate, the application of those information, arguments, and principles in an employment context; analysis, in a variety of forms, iii) knowledge of the main methods of to specialist and non- enquiry in their subject(s), and ability to specialist audiences, and evaluate critically the appropriateness of deploy key techniques of the different approaches to solving problems discipline effectively; in the field of study; c) undertake further training, iv) an understanding of the limits of their develop existing skills, and knowledge, and how this influences acquire new competences analyses and interpretations based on that that will enable them to knowledge. assume significant responsibility within organisations;

H i) a systematic understanding of key a) apply the methods and d) qualities and aspects of their field of study, including techniques that they have transferable skills acquisition of coherent and detailed learned to review, necessary for knowledge, at least some of which is at or consolidate, extend and apply employment informed by, the forefront of defined their knowledge and requiring: aspects of a discipline; understanding, and to initiate the exercise of ii) an ability to deploy accurately and carry out projects; initiative and personal established techniques of analysis and b) critically evaluate responsibility; enquiry within a discipline; arguments, assumptions, decision-making in iii) conceptual understanding that enables abstract concepts and data complex and the student: (that may be incomplete), to unpredictable to devise and sustain arguments, and/or to make judgements, and to contexts; and solve problems, using ideas and frame appropriate questions the learning ability techniques, some of which are at the to achieve a solution - or needed to undertake forefront of a discipline; and identify a range of solutions - appropriate further to describe and comment upon particular to a problem; training of a aspects of current research, or equivalent c) communicate information, professional or advanced scholarship, in the discipline; ideas, problems, and solutions equivalent nature. iv) an appreciation of the uncertainty, to both specialist and non- ambiguity and limits of knowledge; specialist audiences; v) the ability to manage their own learning, and to make use of scholarly reviews and primary sources (eg refereed research articles and/or original materials appropriate to the discipline).

©2011 UKCLE M i) a systematic understanding of a) deal with complex issues d) the qualities and knowledge, and a critical awareness of both systematically and transferable skills current problems and/or new insights, creatively, make sound necessary for much of which is at, or informed by, the judgements in the absence of employment forefront of their academic discipline, field complete data, and requiring: of study, or area of professional practice; communicate their the exercise of ii) a comprehensive understanding of conclusions clearly to initiative and personal techniques applicable to their own specialist and non-specialist responsibility; research or advanced scholarship; audiences; decision-making in iii) originality in the application of b) demonstrate self-direction complex and knowledge, together with a practical and originality in tackling and unpredictable understanding of how established solving problems, and act situations; and techniques of research and enquiry are autonomously in planning and the independent used to create and interpret knowledge in implementing tasks at a learning ability the discipline; professional or equivalent required for iv) conceptual understanding that enables level; continuing the student: c) continue to advance their professional to evaluate critically current research and knowledge and development. advanced scholarship in the discipline; and understanding, and to to evaluate methodologies and develop develop new skills to a high critiques of them and, where appropriate, level; to propose new hypotheses.

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