+ All Categories
Home > Education > [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

[Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

Date post: 10-Feb-2017
Category:
Upload: zhulkeflee-ismail
View: 321 times
Download: 3 times
Share this document with a friend
87
IN THE NAME OF IN THE NAME OF ALLAH, ALLAH, MOST MOST COMPASSIONATE, COMPASSIONATE, MOST MERCIFUL. MOST MERCIFUL. All Rights Reserved © Zhulkeflee Hj Ismail (2016) LESSON # 3 – LESSON # 3 – WHAT IS SHARI-’AH ? WHAT IS SHARI-’AH ? ITS SOURCES, AIMS AND PURPOSE ITS SOURCES, AIMS AND PURPOSE Using text & curriculum he has developed Using text & curriculum he has developed especially for especially for Muslim converts and young Adult English-speaking Muslim converts and young Adult English-speaking Muslims. Muslims. To seek knowledge is obligatory upon every Muslim (male To seek knowledge is obligatory upon every Muslim (male & female)” & female)” UPDATED – 10 UPDATED – 10 February 2016 February 2016 BATCH # 5 INTAKE – [ January - May 2016 ] Intermediate Level course in English Intermediate Level course in English for Adults for Adults conducted by Ustaz Zhulkeflee Hj conducted by Ustaz Zhulkeflee Hj Ismail Ismail And say: O Lord! Increase for me my knowledge And say: O Lord! Increase for me my knowledge
Transcript
Page 1: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

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

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

LESSON # 3 – LESSON # 3 –

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

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)”

UPDATED – 10 UPDATED – 10 February 2016 February 2016

BATCH # 5 INTAKE – [ January - May 2016 ] Intermediate Level course in English for AdultsIntermediate Level course in English for Adults

conducted by Ustaz Zhulkeflee Hj Ismailconducted by Ustaz Zhulkeflee Hj Ismail

And say: O Lord! Increase for me my knowledgeAnd say: O Lord! Increase for me my knowledge

Page 2: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 3: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

AMONGST THEM WHICH IS RELEVANT TODAY AMONGST THEM WHICH IS RELEVANT TODAY

Always remember to always comply with Always remember to always comply with ADABADAB of a student, and of a student, and

ADABADAB towards all teachers. towards all teachers.

As we may have to re-learn or even unlearn, be patient especially As we may have to re-learn or even unlearn, be patient especially

when new ‘revelation’ seem to negate (or even refute) what you when new ‘revelation’ seem to negate (or even refute) what you

may already know. As students our ‘ego’ had to firstly be put in their may already know. As students our ‘ego’ had to firstly be put in their

place, before it can be deserving of clarification and illumination.place, before it can be deserving of clarification and illumination.

How you are learning and being taught (method) is unique for How you are learning and being taught (method) is unique for

yourself, not a template to be applied for others .yourself, not a template to be applied for others .

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 4: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

AMONGST THEM WHICH IS RELEVANT TODAY AMONGST THEM WHICH IS RELEVANT TODAY

Remember as student, you must resist the tendency to teach others – Remember as student, you must resist the tendency to teach others –

what more to be the judge of others.what more to be the judge of others.

Instead, resist it by making Instead, resist it by making DU’ADU’A for them. As for yourself, this for them. As for yourself, this DZIKR DZIKR

sufficient:sufficient:

Avoid platforms and gatherings that incite most Avoid platforms and gatherings that incite most JIDALJIDAL (acrimonious (acrimonious

argumentations) regarding argumentations) regarding HUKUMHUKUM. It is difficult to remain humble, . It is difficult to remain humble,

yet, as a student patience and humility are very crucial lest your yet, as a student patience and humility are very crucial lest your

knowledge gained may become, not only unbeneficial ,but harmful.knowledge gained may become, not only unbeneficial ,but harmful.

There is no power nor strength except with Allah The Most High, the Most There is no power nor strength except with Allah The Most High, the Most

Esteem.Esteem.

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 5: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

AMONGST THEM WHICH IS RELEVANT TODAY AMONGST THEM WHICH IS RELEVANT TODAY

Now that internet users (on Youtube; Facebook, etc.) are exposed to many Now that internet users (on Youtube; Facebook, etc.) are exposed to many

‘discourses’ regarding Islam which can negatively influence our ‘discourses’ regarding Islam which can negatively influence our ADABADAB in our in our

learning of Islam, we should be reminded again of the warning from our learning of Islam, we should be reminded again of the warning from our

Prophet Prophet ملسو هيلع هللا ىلصملسو هيلع هللا ىلص ::

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 6: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

AMONGST THEM WHICH IS RELEVANT TODAY AMONGST THEM WHICH IS RELEVANT TODAY

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

““Whoever seeks knowledge (intending) to argue with Whoever seeks knowledge (intending) to argue with

the learned (scholars), or to brag with the foolish; the learned (scholars), or to brag with the foolish;

or with it to attract peoples’ attention to himself; or with it to attract peoples’ attention to himself;

Allah will make him to enter the Hell-fire.”Allah will make him to enter the Hell-fire.”

((Hadith also reported by Tirmidzi and Ibn MajahHadith also reported by Tirmidzi and Ibn Majah))

Now that internet users (on Youtube; Facebook, etc.) are exposed to many Now that internet users (on Youtube; Facebook, etc.) are exposed to many

‘discourses’ regarding Islam which can negatively influence our ‘discourses’ regarding Islam which can negatively influence our ADABADAB in our in our

learning of Islam, we should be reminded again of the warning from our learning of Islam, we should be reminded again of the warning from our

Prophet Prophet ملسو هيلع هللا ىلصملسو هيلع هللا ىلص ::

Page 7: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

AMONGST THEM WHICH IS RELEVANT TODAY AMONGST THEM WHICH IS RELEVANT TODAY

Always be wary of your own ego. Always be wary of your own ego. ADABADAB is to be acted upon, not is to be acted upon, not

something to be discussed. Even to try to impress and convince others as something to be discussed. Even to try to impress and convince others as

to what should be to what should be ADABADAB or not to those who are heedless and ignorant, or not to those who are heedless and ignorant,

itself may actually be contrary to itself may actually be contrary to ADABADAB..

Be careful of negative emotions, especially of ‘Be careful of negative emotions, especially of ‘angeranger’ towards others for ’ towards others for

this may indicate arrogance. Beware of instigators and their instigations. this may indicate arrogance. Beware of instigators and their instigations.

Ask yourself honestly “Ask yourself honestly “why am I angry at him or her?why am I angry at him or her?” If there is no ” If there is no

SHAR’IESHAR’IE (lawful-valid) reason, then be angry at your own ‘ (lawful-valid) reason, then be angry at your own ‘angeranger’.’.

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 8: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

TO CONTINUE ON …TO CONTINUE ON …

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 9: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

““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))

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 10: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

AAS-SHARI-’AHS-SHARI-’AH : :

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

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 11: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

- 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,

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 12: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

- sail, sail,

- tent,tent,

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 13: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

- lawfulness, legality, legitimacylawfulness, legality, legitimacy

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 14: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

- 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 Himself through the Messenger Muhammad ملسو هيلع هللا ىلصملسو هيلع هللا ىلص , the , 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.

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 15: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

““Guide us upon Guide us upon the straight way the straight way ((SWSWIRAT). The IRAT). The way of those way of those on on

whom Thou hast bestowed whom Thou hast bestowed Thy Grace Thy Grace (NI’MAH), Those whose (NI’MAH), Those whose

(portion) (portion) is not wrath is not wrath (GHADB) and who go (GHADB) and who go not astray not astray ((DWDWALL).” ALL).”

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

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 16: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 17: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

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))

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 18: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 19: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

“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)

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 20: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 21: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

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

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

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 22: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 23: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

“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)

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 24: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 25: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

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

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

desiresdesires, but beware of them lest they beguile thee , 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))

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 26: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 27: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

““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))

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 28: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 29: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

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

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

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 30: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

““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 (2016))

Page 31: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 32: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

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

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

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

Messenger of Allah?” 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 traditions) (the Way or traditions)

and teaches them to the servants of Allah.”and teaches them to the servants of Allah.”

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

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 33: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 34: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

“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))

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 35: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 36: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

From Allah SWT and His Messenger Muhammad From Allah SWT and His Messenger Muhammad ملسو هيلع هللا ىلصملسو هيلع هللا ىلص are the 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 been – which have always been

unanimously acknowledged by every Muslims since the Prophetic unanimously acknowledged by every Muslims since the Prophetic

era, meticulously collected, checked for its authenticity, applied in era, meticulously collected, checked for its authenticity, applied in

practice which thus expanded the wisdom of the practice which thus expanded the wisdom of the UMMAHUMMAH with with

juristic precedence, and faithfully preserved until today.juristic precedence, and faithfully preserved until today.

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 37: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

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 AAHHADITHADITH; the principles of Jurisprudence (; the principles of Jurisprudence (USUL AL-USUL AL-

FIQHFIQH), etc. ), etc.

For those not competent, they have to (For those not competent, they have to (TAQLEEDTAQLEED) rely upon those ) rely upon those

specialised and qualified Islamic scholar to do what is technically specialised and qualified Islamic scholar to do what is technically

referred to as, referred to as, ISTINBATISTINBAT ( (the ability to extract and codify rulings the ability to extract and codify rulings

from these primary sourcesfrom these primary sources).).

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 38: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

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 to note is that such rulings are called “The significance to note 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 .

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

understanding of the understanding of the DEENDEEN, according to their school usually named , according to their school usually named

after one of the notable scholar, which are generally categorised after one of the notable scholar, which are generally categorised

into into USULIYYAH -I’TIQODIYAH USULIYYAH -I’TIQODIYAH (Principles-Belief), (Principles-Belief), FURU’IYAH- FURU’IYAH-

‘AMALIYAH ‘AMALIYAH (Branches – Practices).(Branches – Practices).

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 39: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

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

of Imam Abu Hanifaof Imam 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, as though theirs is the only right interpretation, while exclusivity, as though theirs is the only right interpretation, while

those who differ from them are therefore deviant.those who differ from them are therefore deviant.

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 40: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

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 that to a given matter, which imply that

the the SHARI’AHSHARI’AH itself remaining also open to other possible scholarly itself remaining also open to other possible scholarly

interpretations, by other qualifiedinterpretations, by other qualified MUJTAHID - MUJTAHID - in other times and or in in other times and or in

other circumstances pertaining to how it was applied or to be applied.other circumstances pertaining to how it was applied or to be applied.

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 to, , clear and unequivocal, preserved and continually referred to,

in these primary sources and cannot be reinterpreted by in these primary sources and cannot be reinterpreted by IJTIHADIJTIHAD. This . This

agreement is termed agreement is termed IJMA’IJMA’ (consensus). (consensus).

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 41: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

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 regarding , especially regarding

its implementations with many provisos and guidelines – its implementations with many provisos and guidelines –

ensuring it remains relevant and dynamic.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.

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 42: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

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

expected and tolerated expected and tolerated as long is it is from a valid interpretationas 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 scholar’s role is not merely to pronounce a ruling, but to An Islamic scholar’s 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.

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 43: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

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 established by our Prophet ملسو هيلع هللا ىلصملسو هيلع هللا ىلص which has been perfected which has been perfected

(“(“KAAMILKAAMIL”) – therefore it needed no more revision. Its aim is to ”) – therefore it needed no more revision. Its aim is to

bring solution not problems as historically demonstrated in the bring solution not problems as historically demonstrated in the

Prophet’s life Prophet’s life ملسو هيلع هللا ىلصملسو هيلع هللا ىلص . . It seeks to relieve mankind of hardship not accentuating nor It seeks to relieve mankind of hardship not accentuating nor

condoning them; primarily it enjoins the upholding of justice as condoning them; primarily it enjoins the upholding of 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 from

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

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 44: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 45: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

““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 This day have I perfected your religion for youhave 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-Islam’ as your religion (DEEN).”you ‘AI-Islam’ as your religion (DEEN).”

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

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 46: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 47: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

““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], ) [i.e. justly balanced],

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

truth before all mankind (truth before all mankind (SHUHADAA-A ‘ALAN-NAASSHUHADAA-A ‘ALAN-NAAS) , ) ,

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

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

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 48: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 49: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

The primary concern of the Shari’ah can be summed

up, generally as :

“(towards ensuring a better life by)

providing “MASLAHAH ” (benefits)

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

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

JAL-BUL – MASw-LA-HAH - DAR – UL – MAF – SA-DAH

Page 50: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

Thus the Shari’ah – as 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.

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 51: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

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 religionright 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.

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 52: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

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.

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 53: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

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

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 54: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

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: ISLAH ‘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.

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 55: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

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

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 ملسو هيلع هللا ىلصملسو هيلع هللا ىلص had taught

and had successfully established (SUNNAH) to the first generation

amongst our pious predecessors .

Allah SWT recorded praises regarding his exemplary approach:

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 56: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

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

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 57: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

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

““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))

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 58: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

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

“ “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 (2016))

Page 59: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

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

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 60: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

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

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

““And not equal are the good deed (And not equal are the good deed (HHASANAHASANAH) and ) and

the bad (the bad (SAI-YI-’AHSAI-YI-’AH). ).

((ID-FA’ – BIL-LA-TI – HI-YA – AID-FA’ – BIL-LA-TI – HI-YA – AHH-SAN-SAN) Repel [evil] by ) Repel [evil] by

that [deed] which is better; and thereupon the one that [deed] which is better; and thereupon the one

whom between you and him is (whom between you and him is (‘ADUWWAH‘ADUWWAH) enmity ) enmity

[will become] as though ([will become] as though (WALIY-YUN- HA-MEEMWALIY-YUN- HA-MEEM) he ) he

was a devoted friend .”was a devoted friend .”

((Qur’an: Fussilat: 41: 34Qur’an: Fussilat: 41: 34))

Page 61: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

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

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

example for everyone who looks forward (with hopes and awe)

to Allah and the Last Day, and remembers Allah unceasingly''.

(Qur'an: Al Ahzab 33:21)

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 62: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

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

“And thou (Muhammad) standest on an exalted standard

of character.”

(Qur’an: al-Qalam: 68:4)

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 63: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

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

Prophet Muhammad Prophet Muhammad ملسو هيلع هللا ىلصملسو هيلع هللا ىلص said:said:

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

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

(Kitab al-Adab al-Mufrad)

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 64: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

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.

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 65: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

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

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 in the life embodiment of its adherent (Muslims)

interacting with others, through what I termed as CIVILIZATIONAL OSMOSIS. Even

if others do not accept to embrace Islam, we wish to share the universal human

morality which are also inherent naturally (FITRAH) in people, so that life

becomes better if not the best.

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 66: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

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

““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) )

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 67: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

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

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 68: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

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

““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))

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 69: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

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

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 70: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

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

““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 ((establish) Allah's handiwork according to (FIFITwTwRAHRAH) the ) the

pattern on which He has made mankind: no change (let there pattern on which He has made mankind: no change (let there

be) in the work (wrought) by Allah: that is (be) in the work (wrought) by Allah: that is (DEE-NUL-QOY-DEE-NUL-QOY-

YIMYIM) the standard Religion: but most among mankind ) the standard Religion: but most among mankind

understand not.” understand not.”

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

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 71: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

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

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 72: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

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

““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], ) [i.e. justly balanced],

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

truth before all mankind (truth before all mankind (SHUHADA-A-’ALAN-NAASSHUHADA-A-’ALAN-NAAS) , and ) , and

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

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

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 73: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

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

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 74: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

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

““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) )

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 75: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

““O you who have believed, O you who have believed, do not betray do not betray Allah Allah

and the Messenger or betray your trusts and the Messenger or betray your trusts

((AMANAHAMANAH) while you know [the consequence].”) while you know [the consequence].”

((Qur’an: Surah al-Anfal: 8: 27Qur’an: Surah al-Anfal: 8: 27))

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 76: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

UNDERSTANDING OF THE DEEN (AL-ISLAM) Intermediate Islamic (FIQH) course in English

Conducted by Ustaz Zhulkeflee Hj Ismail

Extracted from:

DIGRESSION

Page 77: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

UNDERSTANDING OF THE DEEN (AL-ISLAM) Intermediate Islamic (FIQH) course in English

Conducted by Ustaz Zhulkeflee Hj Ismail

Extracted from:

Page 78: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

UNDERSTANDING OF THE DEEN (AL-ISLAM) Intermediate Islamic (FIQH) course in English

Conducted by Ustaz Zhulkeflee Hj Ismail

Extracted from:

Page 79: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

UNDERSTANDING OF THE DEEN (AL-ISLAM) Intermediate Islamic (FIQH) course in English

Conducted by Ustaz Zhulkeflee Hj Ismail

Extracted from:

Page 80: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

UNDERSTANDING OF THE DEEN (AL-ISLAM) Intermediate Islamic (FIQH) course in English

Conducted by Ustaz Zhulkeflee Hj Ismail

Extracted from:

Page 81: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

CHECK THE ‘FACTS-DATA’ PRESENTED

Source and veracity?

Partial or complete?

What is the context?

Consistency or with possible discrepancy

CHECK ARGUMENT USED

Fallacious arguments?

Alien standard used?

Relevance?

AN-NASEEHAH – Sincere Advice

: How to dispel misconceptions?

By correcting these inherent flaws, the picture will become clearer, false arguments refuted and INSHA-ALLAH the misconceptions will be removed.

UNDERSTANDING OF THE DEEN (AL-ISLAM) Intermediate Islamic (FIQH) course in English

Conducted by Ustaz Zhulkeflee Hj Ismail

Extracted from:

Page 82: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

.SHARI’AH is cruel and barbaric law. We can see it being

implemented in many Muslim country.

• SHARI’AH means ‘law’ encompassing many aspects of justice – not only

the criminal law (here reduced to its punishment) as assumed above.

• To judge Islam fairly, we have to refer to its teachings, not assume by

what Muslims do or claim to be doing in the name of Islam.

• Punishment should fit the crime. What is abhorrent or cruel is actually the

crime - for which Islamic punishment is meant to reflect (as deterrence).

• Do not forget that as in any justice system there is due process. To be fair

do you know how strict its standard for proving are demanded of Islamic

judges? And QISTW is to be preferred (if possible) rather that mere ‘ADL.

• Apart from HUDUD, do you know about QISAS, DIYYAT and TA’ZIR?

Page 83: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

UNDERSTANDING OF THE DEEN (AL-ISLAM) Intermediate Islamic (FIQH) course in English

Conducted by Ustaz Zhulkeflee Hj Ismail

Extracted from:

Page 84: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

- “Limit” – for the most serious category offences where strict punishment has been mandated by Allah SWT and includes category of crimes specified in the Qur’an and As-Sunnah.

”Retaliation” - law of equal punishment as suffered by victim

”Compensation” – amount to be paid to the heirs of a victim

”Discretionary” – other punishment administered at the discretion of the judge, called a Qadi (judge) as when the HUDUD punishment cannot be applied for the crime committed

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 85: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

AND ALLAH KNOWS BEST

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 86: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

TO BE CONTINUEDTO BE CONTINUED

All Rights Reserved © Zhulkeflee Hj Ismail (2016))

Page 87: [Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

All welcome to visit my web-blog:All welcome to visit my web-blog:

http://an-naseehah.blogspot.com/

http://introductiontotauhid.blogspot.com/

http://oyoubelievers.blogspot.com/

http://al-amthaal.blogspot.com/

http://zhulkeflee-archive.blogspot.com/

http://criteriaforaholybook-quran.blogspot.com/

http://with-the-truthful.blogspot.com/

http ://muqaddam-nurul.blogspot.com/

All Rights Reserved © Zhulkeflee Hj Ismail (2016))


Recommended