PS201-Chapter one

OVERVIEW OF SHARIAH

MOHD GHADAFI BIN SHARI

Definition of Islam, pillars of Islam, articles of belief, the objectives and salient features of Shariah.

Assessment; Tutorial Exercise 1

DESCRIBE THE CONCEPT OF SHARIAH 1.1.1 Define Islam and its components

a. Aqidah b. Shariah c. Akhlaq

1.1.2 Explain five pillars of Islam and six articles of belief 1.1.3 Distinguish three types of Muamalah Ammah

a. Munakahat b. Muamalat c. Jinayat

1.1.4 Describe the objectives of Shariah a. Happiness in life and success in the world hereafter b. Promote human welfare based on Daruriyat, Hajiyat

and Tahsinyat c. Five daruriyat necessities-preservatives of religion, life, intellect, lineage and wealth

1.1.5 Explain the salient features of Shariah a. Rabbaniyah (divine) b. Syumul (complete) c. Alammiyah and Ummumiyyah (universal) d. Waqa’iyyah (realistic) e. Murunah (flexible)

“This day I have perfected your religion for you, complete My blessing on you

and approve Islam as the way of life for you”

(al-Maidah: 3)

1.1.1 Define Islam and its

components

The Arabic word 'Islam' simply means 'submission', and derived from the word meaning 'peace'. In a religious context it means complete submission to the will of Allah (SWT) Islam is not mere religion but a “ad-deen”, meaning „the way of life‟. It touches upon the material as well as spiritual dimensions of human existence.

The word Islam is derived from the Arabic root word “SALAM” which means, among other things, peace, purity, submission and obedience. In the religious sense the word Islam means submission to the Will of God and obedience to His Law. Only through submission to the Will of God and by obedience to His Law can one achieve true peace and be in harmony with the created and the creator Himself. Muslims are those who submit themselves in obedience to Almighty God. Therefore anyone who does not follow his or her own will but follows the will of Almighty God is a Muslim.

A person who believes in and consciously follows Islam is called a Muslim. This is so as to differenciate a Muslim from followers of other religions. The word also from the same root word. So, the religion is called Islam, and a person who follows it is a Muslim.

Aqidah;Aqidah is defined as the firm belief without any wavering or doubt in Allah (SWT), His Prophets and Angels, the Hereafter, Holy Book and predestination. It is the main foundation in Islam and a starting point in order to be a good Muslim. It is reflected by the activities done by him. The Prophet Muhammad (saw) described Islam as a building where its foundation is aqidah. The foundation of aqidah in Islam is the six pillars of faith (arkan al-iman).

Shariah;Shariah is the set of rules derived from both the Quran and the authentic traditions (sunnah) of the Prophet Muhammad (saw) and the scholarly opinions (ijtihad) based on Quran and Sunnah. The shariah contains categories and subjects of Islamic law called the branches of fiqh (Islamic jurisprudence).

Akhlaq;Practice of virtue, morality, and manners in Islamic theology and philosophy. It consists of relationship between man and Allah (SWT), man and man and man and other creatures.

Aqidah governs the principles of faith and belief in Islam. It is derived from the word aqad which means tie or knot. Aqidah from an Islamic point of view means strong beliefs in the heart of the person to Allah the Almighty and His Prophet, Muhammad p.b.u.h.

Aqidah is the main foundation in Islam and a starting point in order to be a good muslim. It is reflected in the activities conducted by the prophet. Prophet Muhammad describes Islam as a building whereby its foundation is Aqidah.

◦ Root word of shara`a, means to start, begin or commence

◦ Literally: the way to watering place, all creation need it to survive

◦ Technically: all the rulings that Allah has enacted for His servants.

◦ In other words, Syariah is the way which directs man’s life to the right path.

◦ From the words “to the right path” came the meaning of “law”.

Shariah is what has been sent down by Allah to His Prophet as a revelation (wahyu) via al-Quran and the prophetic tradition.

It consists of every single aspect that relates to the religion of Islam.

It is not a set of codified law, but it is a general principle derived mainly from Quran and hadith.

Shari`ah, conceptually, refers to a set of rules, regulations, teachings, and values governing the lives of Muslims. However, these rules and regulations, contrary to how they are often described by many non-Muslims, cover every aspect of life. Shari`ah embraces worship, morals, individual attitude and conduct, as well as the political, social, economic, criminal, and civil spheres

◦ Root word of faqiha, to understand, grasp, comprehend, apprehend, realize, or to know or to have knowledge of something.

◦ Literally: 1) a very deep understanding which recognizes the objectives and purposes behind certain sayings and actions. 2) the knowledge of the essence of something and reaching the in depth of it. 3) the true understanding of what is intended.

The seven heavens and the earth, and all being therein declare His glory, and there is not a single thing but celebrates His praises; and yet you [O mankind] understand not how they declare His glory.

(Surah al-Isra’, 17: 44) They said: O Shuib! Much of what thou sayest we

do not understand. (Surah Hud, 11: 91)

Moses said: O my Lord! Open up my heart [to Thy light], and make my task easy for me, and remove the impediment from my speech. So that they might fully understand what I say. (Surah Taha, 20: 25-28)

1. According The Mejelle: ‘Fiqh is to know the practical propositions of the Shariah’.

2. According to Imam Abu Hanifah who devided into 2: ‘Minor fiqh – includes all the existing components of fiqh such as ibadah, muamalat, uqubah,munakahat, siyasah shariyyah, ets and excluding the topic on belief and faith (aqidah) as well as al-akhlaq (morality). Major fiqh – comprise all the topics in the minor fiqh and including the topics on belief and faith (aqidah) as well as al-akhlaq (morality).

The definition given by Imam Hanafi including belief, faith and morality is because all these are integrated and inter-related knowledge of Shariah.

3) The most precise, specific and widely accepted technical meaning as pronounced by Imam al-Shafie: ‘The knowledge of the rulings of the Shariah, relating to human’s acts and that has been derived from specific sources and evidence’.

Shariah Usul al-Fiqh Fiqh rulings Taqnin Qanun

Applied Shariah = FiqhApplied Fiqh = Qanun

It is reported that when Muaz bin Jabal was sent as the Prophet’s delegate to Yemen, he was asked how he would decide matters referred to him. He replied: I would refer to the Holy Quran. The Prophet then asked him: What would you do if you cannot find a definite ruling in the Quran? Muaz replied: I will look into the Sunnah of the Prophet. Once again the Prophet asked: How if you do not get a definite ruling therefrom? Muaz replied: I will then use my reasoning to arrive at a solution. The Prophet was pleased with this answer and gave praise to Allah for giving him such a worthy representative.

Prime sources of Islamic law:1) The Holy Quran2) The Sunnah

Secondary sources:1) Ijma’. Allah says: ‘Obey God and obey the Prophet and those amongst you who have authority’2) Qiyas (Analogical reasoning/ deduction)

Istihsan (Juristic Preference) Maslahah Mursalah (Consideration of public

interest) Istishab (Presumption of continuity) Urf (Custom) Qawl al-Sahabi (Opinions of companions) Sad al-Zara’i (Blocking the means) Shar’u qablana shar’u lana (Revealed laws

of the previous prophets of Islam)

Akhlaq defines the Islamic ethical code as it relates to personal conduct. It covers all aspects of Muslim behaviour, attitude, work ethics by which he performs his practical actions. Akhlaq in Islam consists of the relationship between man and man, man and Allah, and man and others.

In other words, akhlaq is based on the submission of Muslim to Allah and the attitude of prophet Muhammad as a role model to all Muslims.

To summarise, akhlaq concern the behaviour, attitude, works ethics by which a Muslim performs his practical action.

1.1.2 Explain five pillars of Islam and six articles of belief

1. Testimony of Faith (Kalima) /

Witnessing-Shahadah

2. Prayer (Salat)

3. Fasting (Sawm)

4. Charity / Almsgiving (Zakat)

5. Pilgrimage (Hajj)

This is simply the declaration, "I bear witness that there is no deity but Allah, and I bear witness that Muhammad is His servant and messenger."When one declares this statement, one testifies to the Unity of Allah, and to the message of the Prophethood. When one bears witness that Muhammad is His messenger, one is confirming that all of the prophets before him were also His messengers - Allah is One and His message is one (that is Al-Quran). A person becomes a Muslim when he or she declares this statement with purity of heart and conviction of faith.

Formal prayer is the most important act of worship; it is mankind's connection to Allah through which one gathers strength, guidance and peace of mind.  Islam prescribes five formal prayers daily, through which Muslims repeat and refresh their beliefs, taking time out of their busy day to remember Allah and renew the effort to follow His guidance. Five times each day (before dawn, noon, afternoon, after sunset, and evening) Muslims rise, cleanse with water, and present themselves directly before Allah for prayer.

What the prayers seek to do five times a day, fasting in the month of Ramadan (9th month of the lunar year) does once a year. During this month, Muslims do not eat anything nor drink even a drop of water during the daylight hours.  Each and every moment during the fast, we suppress our desires and remember Allah alone. This places in us a consciousness of duty and a spirit of patience that helps strengthen faith in Allah. Discipline and hardship during this month bring us face to face with the realities of life and the suffering of so many throughout the year.  The whole month is filled with increased devotion, piety, and purity of mind, soul and body.

Obligatory charity giving is an act of worship and spiritual investment. Zakah does not only purify the property of the contributor but also purifies his heart from selfishness and greed. It also purifies the heart of the recipient from envy and jealousy, from hatred and uneasiness and it fosters instead good-will and warm wishes for the contributors. It also frees society from welfare, distrust and corruption. Zakah is paid on the net balance after paying personal expenses, family expenses, due credits, taxes, etc. Taxes paid to government do not substitute for this religious duty.

Once in a lifetime, a Muslim who is financially and physically able must go on the pilgrimage to Mecca, Saudi Arabia, during the month of Hajj (12th month of the lunar year).  Mecca is the spiritual center of the Muslim world. It was here that Abraham built the first house of worship (the Kaaba), towards which all Muslims stand in unity in their daily prayers.

1. Faith in the Unity of God

2. Faith in Allah's Angels

3. Faith in Allah's Prophets

4. Faith in Allah's Revealed Books

5. Belief in Resurrection after Death and

Day of Judgment

6. Belief in Premeasurement (Qadar)

There is One God, Supreme and Eternal, Creator and Provider, Who is Merciful and Compassionate. God has never fathered anyone, nor was He fathered, and no sons or daughters. God has no equals. He is God of all humankind, not of a special tribe, race, or group of people. He is the God of all races and colours, of believers and unbelievers alike. God is Mighty and Supreme, yet is also very near to pious, thoughtful believers, answering their prayers and helping them. God asks us to know Him, to love Him, and to follow His Law, for our own benefit and salvation.

Angels are pure and spiritually obedient beings, created by God to fulfill His commands and worship Him tirelessly.

All Messengers and Prophets of God such as Noah, Moses, Solomon, Jesus and Muhammad were mortal human beings endowed with Divine Revelations and appointed by God to teach humankind how to submit to His will and obey His Laws.

Muslims believe in the Revelations sent by Almighty God to His Prophets and Messengers including the Qur’an, the Torah, the Gospel, the Scrolls of Abraham and the Psalms of David.

After the world ends, Muslims believe that all people who have died will be brought back to life (or, resurrected) in order to face the Judgment rendered to each of them by Almighty God. Muslims believe in an appointed Day of Judgment and in Heaven and Hell.

We believe everything in this world happens by the will of Allah, whether it is good or bad. Muslims believe that Almighty God has knowledge of, and control over, everything that exists in all time and space.

1.1.3 Distinguish three types of

Muamalah Ammah

1. Fiqh Ibadat – It is referred to the relationship between human being and the Almighty God as The Creator.

2. Fiqh Muamalat – It is referred to the interaction of humans among themselves.

In terms of application, they are no difference between these two since both rulings are derived from the same Quran and sunnah.

Ibadat (Act of devotion & worship): Ibadat rulings are related to specific ritual and religious observance and governs the relationship between human being and the Almighty God as the Creator. It is made up of Compulsory (wajid/fard) like 5 times prayers, Recommended (sunnah/mubah) such as giving charity, and so on.

The word ibadah is derived from abd which means ‘servant and slave’.

Therefore the meaning of ibadah is servitude and slavery.

It is concerned with the practicalities of worship to Allah, in the context of the relationship between man and his Creator.

The rules of ritual purification, prayer, pilgrimage, fasting, war (jihad) and some other form of worship are dealt with under this heading.

Most of these rules deal with the rights owed to Allah by the individuals alone or by the community as a whole.

Fiqh Ibadat:

1. Original ruling is prohibition unless there is clear evidence on its permissibility.

2. Devotional matters are standardized and fixed with very strict rules and regulations.

3. Devotional matters are made of guidance from the Quran and sunnah.

4. Wisdom and rationale behind certain act of worship are sometimes not easily understood by most people.

5. Basic norm in ibadat is based on total submission to Allah without taking into account the rationale, meaning and effective cause.

Muamalat/adat (custom/practice): It governs the relationship and interaction of humans among themselves. Meaning to say, it indicates every human actions and activities in general. It includes Munakahat (Family law), Muamalat (commercial law), siyasah shariyyah (constitutional law & administration), alaqah dawliyyah (laws on diplomatic relations).

Fiqh Muamalat:1. Original ruling is permissibility unless there is a clear

evidence on its prohibition.2. To declare a transaction is valid, there is no need to

search for affirmative evidence in the sources. 3. Commercial matters are flexible, changeable,

temporary and varies according to the time, place, custom, and conditions except for a certain rulings such as gambling, interest and taking alcoholic drinks.

4. Basic norm in Muamalat is based on rationale, effective cause and benefit.

5. The evidence that formed the basis of muamalat from Quran and sunnah are mostly general and universal.

Present a framework for conduct in the civil arena. It is concerned with the practicalities of a person’s daily life, in the context of relationship between man and man, and other creatures which include animal, plant and non-living things.

Muamalat Ammah; 1)Munakahat, 2)Jinayat, and 3)Muamalat

MUNAKAHAT; This area deals with marriage, divorce, inheritance, guardianship and related matter.

JINAYAT; Conduct related with offences against the human body and tort are called jinayat. The term jinayat also used for torts when the offence falls under ghasb (usurpation, misappropriation) and italf (destruction of property)

MUAMALAT; Conduct that cover human activities related to business, trade and efforts in accumulating wealth and means or activities related to economic development, in three areas:◦ Political, Economic, and Social

1.1.4 Describe the objectives

of Shariah

The purpose of Shariah is to make good persons and a good society. Its whole objective is ethical and moral.

Shariah establishes what is good and beautiful. It is impossible to fulfill the Shariah without becoming a good person. A society that establishes the Shariah must become a good and beautiful society.

It is impossible to have a society compliant to Shariah and have injustice, ugliness, and evil in it. It is also impossible to have a good Muslim who is unjust, unfair, unfaithful, and immoral

-Activities that brings benefit and avoiding badness

-Levels of priority Daruriyyat : Must have / Basic needs Hajiyyat : Should have Tahsiniyyat : Good to have

These Necessities are defined as those activities and things that are essential to the preservation of the five foundations of individual and social life according to Islam, Religion, Life, Mind, Lineage and Property. Their neglect leads to total disruption and chaos in life.

This category comprises all activities and things that are not vital to the preservation of the five foundations, but are necessary to relieve or remove impediments and difficulties in life. Conveniences promote and supplement the Necessities and their neglect leads to hardship but not to the total disruption of normal life.

The Refinements refer to activities and things that go beyond the limits of Conveniences and whose realization leads to the improvement and attainment of that which is desirable such as jewellery, innocent hobbies, politeness in behaviour and speech, Islamic manners in cleanliness, moderation or avoiding extravagance and etc.

1. Protection of Religion (Din)

2. Protection of Life (Nafs)

3. Protection of Intellect (Aql)

4. Protection of Family (Nasb)

5. Protection of Property (Mal)

First and foremost among the objectives of Shariah is the protection of religion, as religion is the essence and spirit of life.

Shariah also aims at protecting life. One cannot go and kill others nor harm them in any way. The blood of others is sacred, and one of the most serious sins in Islam is to kill innocent people.

Shariah is also concerned with protecting the mind. Muslims should be sober at all times and should not intake any intoxicants, whether alcohol or drugs. Intoxicants are very harmful to societies and bring much more destruction than benefit – if there is any benefit at all.

Property in Shariah is also something that is highly protected. Naturally, to feel a sense of security is to feel that the fruit of one’s labor is protected and not subject to theft or molestation.

Shariah is also very keen on keeping lineages clear and accurate. Progeny is protected, and thus pre- and extramartial sexual relations are forbidden and punishable. Shariah prohibits not only fornication and adultery, but also all that lead to them.

1.1.5 Explain the salient features of

Shariah

Salient Feature of Shariah

1. Rabbaniyah (divine)2. Waqa’iyyah (realistic)3. Alammiyah and Ummumiyyah (universal) 4. Murunah (flexibel)5. Syumul (Complete)

Definition: Islam comes from Allah. Man simply executes based on Allah’s orders

Category of Rabbaniah :

1. Rabbani in terms of goals and intentions

One’s intentions has to be specifically for Allah One’s ultimate goal in life is to get Allah’s pleasure.

2. Rabbani in terms approach and resources

One’s approach and resources should be based on the divine revelations to Prophet Muhammad (PBUH)

Al-Rabbaniyah

Objective and purpose◦ To know the objective of life◦ Recognize the stage of

preferences◦ Free from internal conflicts,

anxiety and individualismProblem Argue about the life Argue about the invisible

matterSolution The concept of similarity The concept of taqwa Refusing of assabiyyah

Sources and methods◦ Al-quran◦ Al-hadith

Mutawatir Masyhur Ahad Sahih Hassan Daif Maudu’

◦ Ijma’ Kubra Sukuti

◦ Qiyas

Al-Rabbaniyyah

• Can be divided into: • a. objective and concentration• b. source and method

Al-Rabbaniyyah As An ObjectiveKnow the objective of life

◦ To know our god by observing His creation◦ as a garden to plant as much as u can

To recognize the stage of preferences◦ fiqh al-awlawiyat

to free someone oneself from internal conficts and anxiety about servant and his God◦ the 20 attributes of Allah

Al-Rabbaniyyah As An Objective (cont..)

• To free oneself from individualism• the concept of ta`awun

• Tithe• Sadaqah

• the concept of similarity • Taqwa• Refusing the concept of assabiyyah

Al-Rabbaniyyah As A Source & Method

Mujma’ Alaih (Undisputed Sources)◦ Al-Quran◦ Al-Hadith

Muttafaq Alaih◦ Ijma’ (Consensus)◦ Qiyas

Mukhtalaf Fih ◦ Istihsan, Maslahah Mursalah, Al-Urf, Istishab

Definition:

The teaching of Islam is complete and comprehensive.

The scope of Islam is all-encompassing with guidance for all aspects of human life not excluding the smallest to the biggest of human conduct.

Syumul (Complete)

• The universality of Islamic Revelation• The sealed messenger

of God who came to complete the message of his fellow prophets

• The universality of Islamic teaching• Aqidah• Syariah• Morality

Definition:The teaching of Islam is not for acertain race or community but it is for all ummah from all layers ofsociety.

Alamiyyah also means:

- Universal/ Suitable in the sense that the teachings of Islam transcend across time, space and geographical boundaries.

- Applicable anywhere and anytime from past to the present and the future.

Waqa’iyyah is realistic.Islamic religious teachings may be used in daily life. It’s not heresy or a myth like the other religions are not so realistic.Islamic religious teachings are used in the life of our day. This proved to rule our country make the rules using the guidelines contained in Islam although only a few simple rules are applied.

Murunah are springy and flexible. Islam is murunah (suitable for every age) Islamic teaching is flexible to everyone and can

be apply anywhere in the world. For an example: a few decade ago relegion of

Islam has been in existence and used until today, regardless nations and cultures.

Islamic teching is free for all human that live in this world.

جزاكم الله خير الجزاء

THANK YOU