[Slideshare] fiqh-course (sept-2012-batch)-#3-maqasid shariah(29-sept-2012)

““INTRODUCTION TO THE INTRODUCTION TO THE STUDY OF STUDY OF FIQH FIQH ””

Intermediate Level Islamic course in English for AdultsIntermediate Level Islamic course in English for Adultsconducted by Ustaz Zhulkeflee Hj Ismailconducted by Ustaz Zhulkeflee Hj Ismail

IN THE NAME OF ALLAH,IN THE NAME OF ALLAH,MOST COMPASSIONATE,MOST COMPASSIONATE,MOST MERCIFUL.MOST MERCIFUL.

All Rights Reserved © Zhulkeflee Hj Ismail (2012))

LESSON # 3 – LESSON # 3 –

WHAT IS SHARI-’AH ? WHAT IS SHARI-’AH ? ITS SOURCES, AIMS AND PURPOSE ITS SOURCES, AIMS AND PURPOSE

And say: O Lord! Increase for me my knowledge

Using text & curriculum he has developed especially for Using text & curriculum he has developed especially for Muslim converts and young Adult English-speaking Muslims. Muslim converts and young Adult English-speaking Muslims.

““To seek knowledge is obligatory upon every Muslim (male & female)”To seek knowledge is obligatory upon every Muslim (male & female)”

““Then We put you, [O Muhammad], on an ordained Then We put you, [O Muhammad], on an ordained

way (way (SHARI-’ATINSHARI-’ATIN) concerning the matter [of ) concerning the matter [of

religion]; so follow it and do not follow the religion]; so follow it and do not follow the

inclinations of those who do not know.―” inclinations of those who do not know.―”

((Qur’an: Ja-thiyah: 45: 18Qur’an: Ja-thiyah: 45: 18))


AAS-SHARI-’AHS-SHARI-’AH : :

The Revealed Law, or Canonical Law of Islam.The Revealed Law, or Canonical Law of Islam.


- Path to be followed,Path to be followed,

- Source of water, drinking place, approach - Source of water, drinking place, approach

to a watering hole,to a watering hole,


- sail, sail,

- tent,tent,


- lawfulness, legality, legitimacylawfulness, legality, legitimacy


- From these meanings of the root word, we can understand From these meanings of the root word, we can understand

that for Muslims, that for Muslims, SHARI-’AHSHARI-’AH is the path to be followed, not is the path to be followed, not

only leading to Allah, the Most High, but the path believed only leading to Allah, the Most High, but the path believed

by Muslims to be the path shown by Allah, the Creator by Muslims to be the path shown by Allah, the Creator

Himself through the Messenger Muhammad s.a.a.w. , the Himself through the Messenger Muhammad s.a.a.w. , the

Divinely approved path, a total way of living leading Divinely approved path, a total way of living leading

ultimately to the Eternal Life.ultimately to the Eternal Life.


““Guide us upon the straight way. The way of those on whom Guide us upon the straight way. The way of those on whom

Thou hast bestowed Thy Grace, Those whose (portion) Thou hast bestowed Thy Grace, Those whose (portion)

is not wrath and who go not astray.” is not wrath and who go not astray.”

((Qur’an: al-Fatihah: 1: 6-7Qur’an: al-Fatihah: 1: 6-7) )



O ye who believe! put not yourselves forward before Allah O ye who believe! put not yourselves forward before Allah

and His Messenger: but (be conscious of and) fear Allah: for and His Messenger: but (be conscious of and) fear Allah: for

Allah is He who hears and knows all things. Allah is He who hears and knows all things.

((Qur’an: Hujurat: 49: 1Qur’an: Hujurat: 49: 1))



“It is not fitting for a Believer, man or woman, when a

matter has been decided by Allah and His Messenger,

to have any option about their decision: if anyone

disobeys Allah and His Messenger he is indeed on a

clearly wrong Path.”

(Qur’an: Ahzab: 33: 36)



“ “And We sent down the Book to thee (O Muhammad) And We sent down the Book to thee (O Muhammad)

for the express purpose that thou shouldst make clear for the express purpose that thou shouldst make clear

to them those things in which they differ, and that it to them those things in which they differ, and that it

should be a guide and a mercy to those who believe.”should be a guide and a mercy to those who believe.”

((Qur’an: An-Nahlu: 16: 64Qur’an: An-Nahlu: 16: 64))



“Alif Lam Ra. A Book which We have revealed unto

thee (O Muhammad) in order that thou mightest lead

mankind out of the depths of darkness into light― by

the leave of their Lord― to the Way of (Him) Exalted in

Power, Worthy of all Praise!”

(Qur’an: Ibrahim: 14: 1)



““And this (He commands): Judge thou between them And this (He commands): Judge thou between them

by what Allah hath revealed and follow not their vain by what Allah hath revealed and follow not their vain

desires, but beware of them lest they beguile thee desires, but beware of them lest they beguile thee

from any of that (teaching) which Allah hath sent from any of that (teaching) which Allah hath sent

down to thee. And if they turn away, be assured that down to thee. And if they turn away, be assured that

for some of their crimes it is Allah's purpose to punish for some of their crimes it is Allah's purpose to punish

them. And truly most men are rebellious.”them. And truly most men are rebellious.”

((Qur’an: Maa-idah: 5: 49Qur’an: Maa-idah: 5: 49))



““O Messenger! proclaim the (Message) which hath been O Messenger! proclaim the (Message) which hath been

sent to thee from thy Lord. If thou didst not thou sent to thee from thy Lord. If thou didst not thou

wouldst not have fulfilled and proclaimed His Mission: wouldst not have fulfilled and proclaimed His Mission:

and Allah will defend thee from men (who mean and Allah will defend thee from men (who mean

mischief). For Allah guides not those who reject Faith.” mischief). For Allah guides not those who reject Faith.”

((Qur’an: Maa-idah: 5: 67Qur’an: Maa-idah: 5: 67))



“ “O ye who believe! Obey Allah and obey the Messenger O ye who believe! Obey Allah and obey the Messenger

and (and (ULIL-’AMRI MINKUMULIL-’AMRI MINKUM) those charged with authority ) those charged with authority

among you. If ye differ in anything among yourselves, among you. If ye differ in anything among yourselves,

refer it to Allah and His Messenger if ye do believe in refer it to Allah and His Messenger if ye do believe in

Allah and the Last Day: that is best, and most suitable for Allah and the Last Day: that is best, and most suitable for

final determination.”final determination.”

((Qur’an: An-Nisa’: 4: 59Qur’an: An-Nisa’: 4: 59))


““And I leave behind me for you all, for clarifying in your And I leave behind me for you all, for clarifying in your

affairs (of this religion), whosoever holdfast to them shall affairs (of this religion), whosoever holdfast to them shall

never be led astray – (these are) the never be led astray – (these are) the Book of Allah Book of Allah and and

the the SunnahSunnah (Way or tradition) of His Messenger.” (Way or tradition) of His Messenger.”

((From Sermon reported by Ibnu Hisham in his “Seerah”From Sermon reported by Ibnu Hisham in his “Seerah”))All Rights Reserved © Zhulkeflee Hj Ismail (2012))


“ “(Honour) My successors ((Honour) My successors (Khulafa’Khulafa’), may Allah s.w.t. ), may Allah s.w.t.

be Merciful towards them!.” be Merciful towards them!.”

He was asked: “Who are your successors (He was asked: “Who are your successors (Khulafa’Khulafa’) )

O Messenger of Allah?” O Messenger of Allah?”

And he said: And he said:

““They are those who revive my They are those who revive my SunnahSunnah (the Way or (the Way or

traditions) and teaches them to the servants of traditions) and teaches them to the servants of

Allah.”Allah.”

((Hadith of the Prophet s.a.wHadith of the Prophet s.a.w.).)



“Whomsoever that Allah wishes for him goodness, He will

make him a FAQIH (learned) in matters of the religion(Deen);

and for everything there is a pillar, and the pillar of this

religion is AL-FIQH – (the profound understanding of the

Deen); a learned scholar (of the Deen) is more difficult upon

Satan than a thousand worshippers.”

((Reported by Bukhary and MuslimReported by Bukhary and Muslim))



From Allah SWT and His Messenger Muhammad s.a.a.w. are the From Allah SWT and His Messenger Muhammad s.a.a.w. are the

SHARI’AHSHARI’AH is to be derived - the primary sources. is to be derived - the primary sources.

Thus the legacy for this is contained within two important Thus the legacy for this is contained within two important

corpuses – the corpuses – the QUR’ANQUR’AN and and AS-SUNNAHAS-SUNNAH – which have always – which have always

been unanimously acknowledged by every Muslims since the been unanimously acknowledged by every Muslims since the

Prophetic era, meticulously collected, checked for its authenticity, Prophetic era, meticulously collected, checked for its authenticity,

applied in practice which thus expanded the wisdom of the applied in practice which thus expanded the wisdom of the

UMMAHUMMAH with juristic precedence, and faithfully preserved until with juristic precedence, and faithfully preserved until

today.today.


Yet, extracting the rulings and guidance from these require one who Yet, extracting the rulings and guidance from these require one who

is competent, possessing adequate knowledge and proficiency in the is competent, possessing adequate knowledge and proficiency in the

Arabic language (classical); the relevant sciences of the Arabic language (classical); the relevant sciences of the QUR’ANQUR’AN; the ; the

sciences of sciences of AHADITHAHADITH; the principles of Jurisprudence (; the principles of Jurisprudence (USUL AL-USUL AL-

FIQHFIQH), etc. ), etc.

For those not competent, they have to rely upon those specialised For those not competent, they have to rely upon those specialised

and qualified to do, what is technically referred to as, and qualified to do, what is technically referred to as, ISTINBATISTINBAT (the (the

ability to extract and codify rulings from these primary sources).ability to extract and codify rulings from these primary sources).


These scholars are called “These scholars are called “MUJTAHIDUNMUJTAHIDUN” – from the verb (word) ” – from the verb (word)

IJTIHADIJTIHAD – “ – “exertionexertion” of a scholar in extracting a ruling from the ” of a scholar in extracting a ruling from the

primary sources.primary sources.

The significance is that such rulings are called “The significance is that such rulings are called “FIQHFIQH” – which mean ” – which mean

““understanding of understanding of ” – and not the “” – and not the “SHARI’AHSHARI’AH “ itself . “ itself .

The use of the term by the early The use of the term by the early MUJTAHIDUNMUJTAHIDUN refers to their refers to their

understanding of the understanding of the DEENDEEN, which are generally categorised into , which are generally categorised into

USUL IYYAH -I’TIQODIYAH USUL IYYAH -I’TIQODIYAH (Principles-Belief), (Principles-Belief), FURU’IYAH- ‘AMALIYAH FURU’IYAH- ‘AMALIYAH

(Branch – Practices).(Branch – Practices).


As regards rules derived by the scholarly “exertion”As regards rules derived by the scholarly “exertion” IJTIHAD IJTIHAD, we , we

affixed the name of the scholar’s who made them. Thus we say affixed the name of the scholar’s who made them. Thus we say

““FIQH AS-SHAFI-’IEFIQH AS-SHAFI-’IE” or “” or “FIQH AL-HANAFIFIQH AL-HANAFI” etc. meaning ” etc. meaning “(the “(the

SHARI’AHSHARI’AH rulings from the) understanding of Imam As-Shafi-’ie or of rulings from the) understanding of Imam As-Shafi-’ie or of

Imam Abu HanifaImam Abu Hanifa” respectively. ” respectively.

This fact is important to be appreciated by followers of whichever This fact is important to be appreciated by followers of whichever

MADZHAB MADZHAB today, to avert ignorant fanatics amongst them claiming today, to avert ignorant fanatics amongst them claiming

exclusivity, that theirs is the only right interpretation, while those exclusivity, that theirs is the only right interpretation, while those

who differ from them are deviant.who differ from them are deviant.


Also, what this means is that these rulings are a particular scholar’s Also, what this means is that these rulings are a particular scholar’s

best understanding of the best understanding of the SHARI’AHSHARI’AH to a given matter, which imply to a given matter, which imply

that that SHARI’AHSHARI’AH itself remaining open to other possible itself remaining open to other possible

interpretations, by other qualifiedinterpretations, by other qualified MUJTAHID , MUJTAHID , as in other time and or as in other time and or

in other circumstances.in other circumstances.

Also to note, there are already enough principles and rulings Also to note, there are already enough principles and rulings

unanimously and universally upheld by Islamic scholars in unanimously and universally upheld by Islamic scholars in Qur’anQur’an and and

AhadithAhadith, clear and unequivocal, preserved and continually referred , clear and unequivocal, preserved and continually referred

to, in these primary sources and cannot be reinterpreted by to, in these primary sources and cannot be reinterpreted by IJTIHADIJTIHAD. .

This agreement is termed This agreement is termed IJMA’IJMA’..


But this is not a totally rigid legal system for there are also But this is not a totally rigid legal system for there are also

inherent flexibility too within the inherent flexibility too within the SHARI’AHSHARI’AH , especially , especially

regarding its implementations with many provisos and regarding its implementations with many provisos and

guidelines – ensuring it remains relevant and dynamic.guidelines – ensuring it remains relevant and dynamic.

Ample and adequate areas are left open for scholars to seek out Ample and adequate areas are left open for scholars to seek out

a specific rulings, or for rules of exceptions to be invoked due to a specific rulings, or for rules of exceptions to be invoked due to

new and extenuating circumstances etc. – by applying well-new and extenuating circumstances etc. – by applying well-

established and universally accepted general principles . These established and universally accepted general principles . These

usually pertains to secondary matters or involving matters of usually pertains to secondary matters or involving matters of

specifics and details.specifics and details.


Here is where Here is where IKHTILAFIKHTILAF (differences) usually occur, which is to be (differences) usually occur, which is to be

expected and tolerated as long is it is from a valid interpretation. expected and tolerated as long is it is from a valid interpretation.

What Islamic scholars are vigilant of is when an interpretation is a What Islamic scholars are vigilant of is when an interpretation is a

deviancy or an obvious error (opposed to unanimously accepted deviancy or an obvious error (opposed to unanimously accepted

established principles ) – which are to be corrected.established principles ) – which are to be corrected.

An Islamic scholars role is not merely to pronounce a ruling, but to An Islamic scholars role is not merely to pronounce a ruling, but to

guide the community upon the right guidance which guide the community upon the right guidance which SHARI’AH SHARI’AH was was

meant for. meant for.


And the purpose of And the purpose of AD-DEEN AL-ISLAMAD-DEEN AL-ISLAM especially the especially the SHARI’AHSHARI’AH

established by our Prophet s.a.a.w. which has been perfected established by our Prophet s.a.a.w. which has been perfected

(“(“KAAMILKAAMIL”) – therefore needing no more revision, is to bring ”) – therefore needing no more revision, is to bring

solution not problems; it relieves mankind of hardship not solution not problems; it relieves mankind of hardship not

accentuating nor condoning them; seeking to uphold Justice as accentuating nor condoning them; seeking to uphold Justice as

well as spreading Mercy ; it is neither too rigid nor too relaxed; well as spreading Mercy ; it is neither too rigid nor too relaxed;

firm upon principles yet not stifling but tolerant; etc. in other firm upon principles yet not stifling but tolerant; etc. in other

words – words – “just, balanced, the middle path, equilibrium etc. –”“just, balanced, the middle path, equilibrium etc. –”

from the Qur’anic term “from the Qur’anic term “WASOTIYYAHWASOTIYYAH”.”.



““This day have those who reject Faith given up all This day have those who reject Faith given up all

hope of your religion: yet fear them not but fear Me. hope of your religion: yet fear them not but fear Me.

This day have I perfected your religion for you, This day have I perfected your religion for you,

completed my favour upon you, and have chosen for completed my favour upon you, and have chosen for

you ‘AI-slam’ as your religion.”you ‘AI-slam’ as your religion.”

((Qur’an: al-Maa-idah: 5: 3Qur’an: al-Maa-idah: 5: 3))



““And thus have We willed you to be a community And thus have We willed you to be a community

of the middle way (of the middle way (ummatan wasotanummatan wasotan) [i.e. justly ) [i.e. justly

balanced], so that [with your lives] you might balanced], so that [with your lives] you might

bear witness to the truth before all mankind bear witness to the truth before all mankind

((shuhadaa-a ‘alan-naasshuhadaa-a ‘alan-naas) , and the Messenger as a ) , and the Messenger as a

witness over you.“witness over you.“

((Qur’an: al- Baqarah: 2:143Qur’an: al- Baqarah: 2:143))



The primary concern of the Shari’ah can be summed

up, generally as :

“(towards ensuring a better life by)

providing “maslahat ” (benefits)

and the removal of “mafsadah ” (harm) for mankind.”


Thus the Shari’ah laws are there to firstly preserve the basic

rights :

Dharuriyyah: “the essential rights of mankind.”

This can be said to be Islam’s stipulations of basic human rights -

which the purpose of any legislative philosophy should uphold.

Yet, because Shari’ah is based on Divinely revealed principles ,

clearly established and documented, it cannot be repealed

anymore, like the man made legislative system.


The five important essentials (human rights) which it seeks to The five important essentials (human rights) which it seeks to

preserve are: preserve are:

1.1. right of religion, right of religion,

2.2. right to life, right to life,

3.3. right to proper use of the intellect, right to proper use of the intellect,

4.4. right to ownership of property, right to ownership of property,

5.5. right of progeny (including preservation of honour and right of progeny (including preservation of honour and

dignity).dignity).

DharuriyyahDharuriyyah: the essential rights of mankind.: the essential rights of mankind.


Not only does the Shari’ah laws are there to preserve these basic

rights, it goes even beyond mere essentials but includes catering to

related human needs (Haa-jiat) :

Haa-jiat : “the needs of mankind.”

The needs are those requirements attached to the essential rights

as mentioned above. Thus, it provides a wide and dynamic scope

for jurists to extend and include considerations for changing

circumstances of human life.

Haa-jiatHaa-jiat: the needs of mankind.: the needs of mankind.


TaTahhsiniyyatsiniyyat: the perfection in well-being.: the perfection in well-being.

Not merely the essential and needs, the Shari’ah even strive

towards the ultimate betterment, termed:

Tahsiniyyat : the perfection of mankind’s well-being.

The perfection of man’s life are those which society is

enjoined by Islam to aspire to, which can be summed up

into two broad categories:

MAKARIM AL-AKHLAQ

MAHAASIN AL-’AADAH


MAKARIM AL-AKHLAQMAKARIM AL-AKHLAQ: : ““the nobility of character of citizens”the nobility of character of citizens”

As the aim in legislation is to ensure well-being of society,

Islam’s fundamental focus is also towards the actualizing the

goodness in man through, ‘reform’ or ‘rehabilitation’ of its

citizen towards noble ethical virtues, without which the

‘goodness’ of any law would be worthless - as it can never be

manifested in society.



Thus, the educative (element) of the Prophet’s implementation

of Shari’ah upon the citizens must never be overlooked, lest it

become dry legalism - enforcement lacking compassion and

autocratic – which is opposed to how the Prophet Muhammad

s.a.a.w. had taught and had successfully established (SUNNAH)

to the first generation amongst our pious predecessors . Allah

SWT recorded praises regarding his exemplary approach:





““It is part of the Mercy of Allah that thou dost deal It is part of the Mercy of Allah that thou dost deal

gently with them. Wert thou severe or harsh-hearted gently with them. Wert thou severe or harsh-hearted

they would have broken away from about thee; so pass they would have broken away from about thee; so pass

over (their faults), and ask for (Allah's) forgiveness for over (their faults), and ask for (Allah's) forgiveness for

them; and consult them in affairs (of moment). Then them; and consult them in affairs (of moment). Then

when thou hast taken a decision, put thy trust in Allah. when thou hast taken a decision, put thy trust in Allah.

For Allah loves those who put their trust (in Him).” For Allah loves those who put their trust (in Him).”

((Qur’an: Aali ‘Imran: 3:159Qur’an: Aali ‘Imran: 3:159))



“ “Ye are the best of peoples, evolved for mankind, Ye are the best of peoples, evolved for mankind,

enjoining what is right, forbidding what is wrong, enjoining what is right, forbidding what is wrong,

and believing in Allah.”and believing in Allah.”

((Qur’an: Aali ‘Imran: 3: 110Qur’an: Aali ‘Imran: 3: 110))All Rights Reserved © Zhulkeflee Hj Ismail (2012))


''Verily, in the Messenger of Allah (Muhammad) you have a

good example for everyone who looks forward (with hopes

and awes) to Allah and the Last Day, and remembers Allah

unceasingly''.

(Qur'an: Al Ahzab 33:21)All Rights Reserved © Zhulkeflee Hj Ismail (2012))


“And thou (Muhammad) standest on an exalted

standard of character.”

(Qur’an: al-Qalam: 68:4)



Prophet Muhammad s.a.w. said:Prophet Muhammad s.a.w. said:

““Verily I have not been raised (as a Prophet) except

to perfect the noble nature (Akhlaq) of mankind''.


MAHASIN-AL-’AADAHMAHASIN-AL-’AADAH: : ““perfecting customs or life-style”perfecting customs or life-style”

As to these (perfecting life-style and customs by making available

all that which benefits society) – the Shari’ah must aim to affect

positively to the customs and life-style in others based upon

universal moral value inherent in all religion or humane , so that

life can be an expression of praising and glorification of God.



The right or freedom to choose religion being upheld, does not

prevent positive interaction amongst various people of different

race or religion to be done. Islamic Da’wah (call, invitation or

propagation) is most effectively done , by providing a practical

examples. Even if others do not accept to embrace Islam, it wish

to share the universal human morality inherent in people so

that life becomes better if not the best.



““There is no compulsion in religion. Verily, the Right There is no compulsion in religion. Verily, the Right

Path has become distinct from the wrong path.”Path has become distinct from the wrong path.”

((Qur’an: Baqarah: 2: 256Qur’an: Baqarah: 2: 256) )





““Allah commands justice, the doing of good, and the giving Allah commands justice, the doing of good, and the giving

to kith and kin (their dues), and He forbids all shameful to kith and kin (their dues), and He forbids all shameful

deeds, and injustice and rebellion: He instructs you, that ye deeds, and injustice and rebellion: He instructs you, that ye

may receive admonition.”may receive admonition.”

((Qur’an: Nahlu: 16: 90Qur’an: Nahlu: 16: 90))





““So set thou thy face steadily and truly to the faith: So set thou thy face steadily and truly to the faith:

(establish) Allah's handiwork according to the pattern on (establish) Allah's handiwork according to the pattern on

which He has made mankind: no change (let there be) in the which He has made mankind: no change (let there be) in the

work (wrought) by Allah: that is the standard Religion: but work (wrought) by Allah: that is the standard Religion: but

most among mankind understand not.” most among mankind understand not.”

((Qur’an: Rum: 30: 30Qur’an: Rum: 30: 30))





““And thus have We willed you to be a community of the And thus have We willed you to be a community of the

middle way (middle way (ummatan wasotanummatan wasotan) [i.e. justly balanced], so ) [i.e. justly balanced], so

that [with your lives] you might bear witness to the truth that [with your lives] you might bear witness to the truth

before all mankind (before all mankind (shuhadaa-a ‘alan-naasshuhadaa-a ‘alan-naas) , and the ) , and the

Messenger as a witness over you.“Messenger as a witness over you.“

((Qur’an: al- Baqarah: 2:143Qur’an: al- Baqarah: 2:143))





““Ye are the best of peoples, evolved for mankind, enjoining what Ye are the best of peoples, evolved for mankind, enjoining what

is right, forbidding what is wrong, and believing in Allah. is right, forbidding what is wrong, and believing in Allah.

If only the People of the Book had faith it were best for them; If only the People of the Book had faith it were best for them;

among them are some who have faith, but most of them are among them are some who have faith, but most of them are

perverted transgressors. “perverted transgressors. “

((Qur’an: Aali ’Imran: 3: 110Qur’an: Aali ’Imran: 3: 110) )


AND ALLAH KNOWS BEST


TO BE CONTINUEDTO BE CONTINUED


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http://introductiontotauhid.blogspot.com/

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[Slideshare] fiqh-course (sept-2012-batch)-#3-maqasid shariah(29-sept-2012)

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