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Surah Jatheyah, 45:18

...then we gave you a Sharia in

rel ig ion , fo l low i t, and do no t fo l low thelust of those who do not know...


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Root Meaning of Shariah

The etymology of the Arabic word

Shariah comes from the word which refers to:

A way that leads to a main water source.

Path to be followed.

Source of water, water drinking place


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Definition of Shariah

The guidance that God Almighty, Allah (SWT)

has provided Muslims and all humans

Through Quran and Sunnah of Mohammad (S)

Regarding beliefs, worship, daily affairs,

manners, ethics, and all other areas of life,

In order to organize their relationships withHim and each other and

To achieve happiness in this life and the next


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Shariah in specific terms

The sum total of Islamic laws which were revealed tothe Prophet Muhammad and which are recorded inthe Holy Quran as well as deducible from theprophet's divinely guided lifestyle

(Muhammad Shalabee : 1969)

The right way of religion - wider than mere formalrites and legal provisions which mostly came inMadinah after Makkah verses had been revealed. It

encompasses all legal rules as belief rules (aqidah),moral (akhlaq) and the practical rules (shariah/fiqh)

(Abdullah Yusuf Ali : 2001)


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COMPONENTS


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Sources of Shariah

Al-Quran

Sunnah

Ijma

Qiyas

SECONDARY SOURCES

Istihsan (juristic preference of the stronger principles)

Istishab(Presumption of continuity)

Maslahah Mursalah (extended analogy/ consideration of publicinterest)

Sadd al-Zarai (blocking unlawful means to an unlawful end)


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Al Quran

The fundamental and main sources of Islamic Law fromwhich all other sources derive their authority

It may be defined as:

The book containing the speech of Allah, revealed toProphet Muhammad in Arabic and transmitted to us bycontinuous testimony, or tawatur.

Consists of the word of Allah SWT revealed on ProphetMuhammad (SAW) in 23 years divine origin

Address to all humanity, without distinction of race,region or time

It seeks to guide human beings in all aspects of life


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The Sunnah

Sunnah Literally: a way or rule or manner of acting Technically: What has been (authentically) related to us on

behalf of the Prophet {} from his sayings, actions,and tacit approvals.

Hadith Literally: communication, story, conversation Technically: What was transmitted on the authority of the

Prophet {} ,his deeds, sayings, and tacit approvals,or description of his sifaat (features).

Both cover the same ground: practice, sayings and tacit

approvals(taqrir) Quran generally deals with the broad principles or essential

of religion. The details are supplied by Prophet (SAW)through hadith


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Quran and Sunnah are the sources of

Shariah

O ye who believe! put not yourselves forward

before Allah and His Messenger: but (be

conscious of and) fear Allah: for Allah is Hewho hears and knows all things.

(Quran: Hujurat: 49: 1


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Prophet Mohammad (SAW) said:

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

affairs (of this religion), whosoever holds fast to them shall

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

the Sunnah(Way or tradition) of His Messenger.

(From Khutbah Hajjatul Wada, Seerah Ibn Hisham)


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IJMA

Ijma Consensus of opinion among the jurist on certainissues and ruling

Literally: Ijma is the verbal noun of the Arabic word Ajmaa which

has two meanings:

To determine To agree upon something

Technically Consensus of mujtahids (jurists) from the ummah of

Muhammad (SAW), after his death in a determined period

upon a rule of Islamic law Consensus of opinion among the jurist of a particular period

on a question of law Ijma maybe based on Quran, hadith or analogy


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QIYAS

Qiyas analogical deduction Literal Measuring or estimating on thing in terms of another

Technical The extension of Shariah ruling from an original case (Asl) to a

new case (far) because the new case has the same effectivecause (Illah) as the original case.

Qiyas or analogy is resorted to in respect of problems aboutwhich there is no specific provision in the Quran or theSunnah of the Prophet

Analogical deduction of new issues on existing evidence fromthe Quran and Sunnah

Process by which a rule of law is deduced from original textin views of common effective cause (illah)


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Comparison between Islamic and Man

Made Laws

Islamic Law Man Made Law

Holy Quran and Sunnah Sources Man-made legal system based

on human tradition, customs,

experiences or experiments,

precedent rulings and cases

Created by Allah SWT.

Consequently it embodies the

attributes of its Creator both the

Creator and its creation (law) are

characterized by perfection,

faultlessness and justice.

Characteristics Created by man

It embodies characteristic of

its creator where both

creator (mankind) and its

creation (law) characterized

by imperfection, deficiencies,

flaws and shortcomings


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General principles and

fundamentals remain fixed,preserved and not subject to

change and alteration.

However, the branches and

subdivision of laws formed on the

needs of society is flexible and opento revision and adjustment

Characteristics Evolving in nature and open to

alteration, modification andamendment

It is nearly impossible to reach

perfection and completion

The principle of man-made law may

change and be modified over time

Its creation take precedence over

the formation of the society.

Represents a God-created lawwhich governs the society but the

principles are permanent, eternal

unchangeable.

Covers present, past and future

state of affairs

Characteristics Created and formed subsequent to

the formation of the society.

Represent man-made laws whichgovern the society on a temporary

basis and to fulfill their current

needs.

Applicable only to certain time,

place, conditions and society Covers past and present, but not the


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Extensive and

comprehensive coverage of

human conducts

Encompasses ritual and

hereafter and also worldly

activities

Scope Specific rules governing the social,

economic and political affairs of nation

Devotional matter and rules of individual

moral behaviour are not covered

Personal or Private

Family

Public

International

Classification Public law: Constitutional law and Criminal law International law: Public international law and

private international law

Private law: Law affecting rights and duties of

individuals among themselves.

Firmly establish, enduring,

durable and everlasting in

nature. Islamic law has

indestructible feature of

adaptability.

Suitability Only suitable for certain time, places,

condition and circumstances


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DISTINCTION BETWEEN SHARIAH AND FIQH

SHARIAH FIQHA path leading to the source of a

meaningful life (Islam)

God-given

A product of understanding of the

sources in Sharia

Humanly acquired

Embrace all human beliefs, activities

and actions

Deals with legal rulings and acts

Components:

Aqidah

Akhlaq

Ibadah

Muamalat

Components:

Ibadah

Munakahat

Muamalat

Uqubat

International relations


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SHARIAH FIQH

The body of revealed laws found both in

the Quran and Sunnah

A body of laws deduced from Shariah to

cover specific situation not directly treatedin Shariah law

Fixed, unchangeable and eternal Certain components are fixed while some

others are subject to change according to

the circumstances

Most parts are general Tend to be specific and detail

Lays down basic principles Understanding and application of Sharia,

how it should be applied


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RULINGS RELATED TO SHARIAH

Wajib (Obligatory)

Mandub (Voluntary)

Mubah (Permissible)

Makruh (Disliked)Haram (Forbidden)


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MAQASID AL-SHARIAH

Primary objective of Shariah is providing benefit to thepeople in their affairs of this world and the hereafter.

Shariah aims at protecting them against corruption andevil.

The Quran explained the main objective of Shariahwhen it declares

and We sent you (O Muhammad SAW) not but as amercy for all (mankind, jinn and all that exists)

(Al-Anbiya:107)


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CATEGORIES OF OBJECTIVES OF SYARIAH


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I-(AL-DARURIYYAT)

THE ESSENTIALS or HUMAN RIGHTS

The essentials are the matters on which the

religion and worldly affairs of the people

depend upon, their neglect will lead to the

total disruption and disorder and it could leadto evil ending.

The essentials can be divided into the

protection of the 5 fundamental rights. Thesefive rights are :


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1-PROTECTION OF Al-Din (Religion)

Al-din is the most important value that must beprotected by the Muslims.

The protection of al-din at personal level is

achieved through the observance of Ibadah, suchas performing the 5 prayers, fasting, paying Zakahand performing Hajj.

Executing all these rituals will increase the Iman

of the person. It provides a shield to protect theperson from committing sin or indulging in anyaction that will destroy his din.


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2-PROTECTION OF AL-NAFS (Life)

Protecting everyone's life is obligatory to each and everyindividual and societies.

In the capital punishment for murder, even though oneslife is lost because of the crime, it leads to saving manymore lives as the punishment will deter others fromcommitting such heinous crime.

and there is (a saving of) life for you in al-qisas (the law of

equality in punishment), O men of understanding, that youmay become al-muttaqin (the pious) ( al-Baqarah:179)


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3-PROTECTION OF DIGNITY (AL-IRD)

Islam is very concerned about dignity of a person andemphasizes the importance of protecting dignity.

It ensures that the relationship between man andwoman are done in respectful and responsible manner.

Islam has regulated the relationship by encouraging itsfollowers to enter into marriage contract. The Prophet(SAW) is reported to have said in a hadith:

O Young people! Those of you who have the means toget married, they should get married. It is better toprotect your sight and your carnal desire. As for thosewho are unable to do so, they should fast as itprovides protection for you


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3-PROTECTION OF DIGNITY (AL-IRD)

Islam prohibits its followers from accusing others ofmischief such as committing adultery or other immoralbehaviors without proper evidence.

Those who slander chaste women, indiscreet

but believing, are cursed in this life and in the

Hereafter, for them is severe chastisement.Surah Noor, 24:23


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4-PROTECTION OF THE INTELLECT OR

MIND (AL-AQL)

Al-Aql is a great gift from Allah (SWT) to mankind.This is one of the human characteristics thatdifferentiates man from animals.

Allah (SWT) has ordered that everyone shouldprotect this precious gift from Allah by utilizing itfor the benefit of all and not for something thatmight lead to destruction.

Islam has guaranteed freedom of expression andhas encouraged the differences of views andopinions.


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4-PROTECTION OF THE INTELLECT OR

MIND (AL-AQL) Protection of the mind requires safeguarding it from

anything that might harm the ability and function of brain e.g the consumption of liquor or any similar substance that will

disturb the function of brain.

The Quran forbids liquor when it says: o you who believe! Intoxicant, gambling, Al-Ansab and Al-

Azlam are an abomination ofShaitans handiwork. So avoid thatin order that you may be successful

(al-Maidah : 90 )

It also imposed preventative punishments in order thatpeople stay away from them. e.g: punishment for those who consume liquor.


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5-PROTECTION OF PROPERTY (AL-MAL)

Acquiring property is one of the necessities of mankind.Everyone likes to own property and would like to have allthe necessary protection for his property. Islam has orderedthat no one should acquire the property of others withoutlegitimate reasons and without proper contract.

Al-Quran emphasizes this point when it say : and eat up not one anothers property unjustly, nor give

bribery to the rulers that you may knowingly eat up a part of theproperty of others sinfully.

(al-Baqarah:188)

God has placed laws to regulate the commerce andtransactions between people, in order to ensure fairdealing, economic justice and to prevent oppression anddispute.


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5-PROTECTION OF PROPERTY (AL-MAL)

There are several ways of acquiring theproperty of others illegitimately e.g. : takingriba, cheating in transaction, breaking the

trust in matters related to property, stealingproperty of others etc. Shariah prohibits allthese means.

Criminal proceedings in a court of law are to

be carried out against those who engage inunlawful acts to acquire others property.


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II-(AL-HAJIYYAT)

THE COMPLEMENTARY or HUMAN NEEDS

These refer to those kinds of interests whoseneglect leads to hardship for the individual or thecommunity, although it does not lead to the totaldisruption of normal life.

There are Many example of al-hajiyyat such asthe relaxation that the Shariah has granted inregards to Ibadah for the travelers and the sick.

Travelers are allowed to combine and shorten

their prayers and break fast in Ramadan.A sickperson is allowed to pray in sitting or sleepingposition and break his fast in Ramadan


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(AL-TAHSINIYYAT) Embellishments or Perfection

in Well Being

The embellishments refer to interests whoserealization leads to improvement and theattainment of that which is desirable.

Therefore, the observance of cleanliness in

personal appearance and in Ibadah, moral virtuesand avoiding extravagance and measures that aredesigned to prevent proliferation of false claimsin the courts.

The disappearance of tahsiniyyat may notinterrupt the normal life, but it might lead to thelack of comfort beauty in life.


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2 Categories of Tahsiniyyat

1-MAKARIM AL-AKHLAQor excellent morals

Reform or rehabilitation of its citizens

towards noble moral virtues, without which

the goodness of any law would be worthless -

as it can never be manifested in the society

And thou (Muhammad) stand on an exalted

standard of character. Qalam,68:4


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2-MAHASIN-AL-AADAH or Adornment

of customs

To affect positively the customs and life-style ofothers based upon universal moral values inherentin all religions and humans.

Allah commands justice, the doing of good, andthe giving to kith and kin (their dues), and He

forbids all shameful deeds, and injustice andrebellion: He instructs you, that ye may receiveadmonition. Nahal,16:90


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CONCLUSION

Shariah is based on wisdom and achieving people's

welfare in this life and the afterlife.

Shariah is all about justice, mercy, wisdom, and good.

Ibn al- Qayyim a Muslim scholar says;

Any ruling that replaces justice with injustice, mercy with

its opposite, common good with mischief, or wisdomwith nonsense, is a ruling that does not belong tothe Shariah, even if it is claimed to be so according to

some interpretations.

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