Download Primary Sources of Shariah Laws : Al- Qur*an

CHAPTER 3
COMPLIANCE TO THE SCHEME OF
SHARIAH LAWS
Mohammad Salleh Bin Abdul Saha
Razizi bin Tarmuji
razizi.uitm.edu.my
CONTENTS
3.3
Sources of Shariah Laws
Aqidah, Akhlaq, Shariah (Ibadat &
Muamalat)
Ethics in Islamic Financial System
Compliance to the Scheme of Shariah Laws
3.1
3.2
Sources of Shariah Laws
Primary
Secondary
Ijmak
Al-Hadith
Maslahah
Sadd Zari’ah
Urf
Siyasas Syar’iyyah
Compliance to the Scheme of Shariah Laws
Al-Quran
PRIMARY SOURCES OF SHARIAH LAWS : ALQUR’AN
Al- Quran is the words of Allah revealed to the Prophet Muhammad
SAW in Arabic conveyed by angel of Jibrail.

Al- Quran consists of 114 chapters and about 6666 verses

It is a miracle in following aspects:
1. Its language is in clear and pure Arabic of the highest.
2. Its contains information and stories about peoples of the past.
3. It foretells future events which really took place afterwards as
foretold.
4. Its all about the creation of life and the universe, the orbits of the
Earth, the sun, moon and the stars, and the formation of clouds
and rains
Compliance to the Scheme of Shariah Laws

CONT…PRIMARY SOURCES OF SHARIAH LAW
It contains laws and rules on how to regulate political, legal, economic,
social and moral matters in society

There are 350 legal verses (ayat ahkam) in the Quran:
I.
140 verses concern Ibadat
II.
70 verses concern munahakat
III.
70 verses concern muamalat
Compliance to the Scheme of Shariah Laws

HISTORY OF AL- QUR’AN
Al- Quran was first revealed at about 611A.D with the first verse
revealed being Surah Al- Alaq verse 1 to 5. Al- Quran was revealed
piecemeal over a period of 22 years and the last verse being Surah AlMaidah verse 3 revealed in 632A.D

Al- Quran was revealed in two periods of the Prophet’s mission: when
the Prophet lived in Makkah and Madinah respectively.

Chapters revealed in Makkah are called Mecca’s chapters and those
revealed in Madinah are called Medina’s chapters.

During the life of Prophet and until the middle of Othman’s rule, the
Quran was memorized by the Prophet and many Sahabats and the
verses of the Quran were transcribed on flat pieces of stones, bones
wood and date palms.
Compliance to the Scheme of Shariah Laws

PRIMARY SOURCES OF SHARIAH LAWS : ALHADITH
Al- Hadith is the saying, deeds and approvals of Prophet
Muhammad SAW

In Shariah, Hadith describes as Sunnah ( the way or manner) of
Prophet Muhammad.

There are three kinds of Sunnah:
a.
A qaul or a ‘saying’ of the Prophet Muhammad which has a bearing
on a religious question.
b.
A fi’l which represent an ‘action’ or ‘practice’ of the Prophet
Muhammad.
c.
A taqrir or a ‘silent approval’ of Prophet Muhammad of action or
practice of another.
Compliance to the Scheme of Shariah Laws

SECONDARY SOURCES OF SHARIAH LAW
Ijmak (consensus)
Maslahah (consideration of public interest)
• Making a judgement based on the principle of general benefits on
matters that have no clear nas from the Quran or the Sunnah
• Islamic jurisprudence applies the maslahah in the implementation of
a ruling
• As such, for anything that is beneficial & necessary to general public,
it would establish dalil (indicative legal text) in form of directives
Sadd Zari’ah (blocking of means)
• Refers to the approach used to curtail anything that can cause a
Muslim to do the forbidden
• Considered as an early preventive measure to prevent Muslim from
doing what is forbidden by Allah s.w.t
Compliance to the Scheme of Shariah Laws
• Means unanimous agreement among the mujtahidun of the Muslim
community on Shariah rulings imposed during a particular period
after the death of the Prophet s.a.w
CONT…SECONDARY SOURCES OF SHARIAH LAW
Urf (custom)
Qiyas (analogical deduction)
• Refers to likening an original hukm having nas (explicit legal text)
with a new matter having no nas but having the same illah (cause)
• Regarded as a source of legislation which has significant contribution
in solving new issues that have not been debated
Siyasah Syar’iyyah
• Refers to the area in Islamic jurisprudence that explains rulings related
to the policies and approaches taken in organizing the national
administrative structure (and its people) in accordance with the spirit
of Shariah
• Cover the issues of central and regional administration, economy,
judiciary, peace, international relations etc.
Compliance to the Scheme of Shariah Laws
• Refers to the norms of majority of a society whether applied in speech
or deed
• Considered as ‘adat jama ‘iyyah (customs that are collectively
acceptable) and can be used as a legal basis so long as it does not
contradict the Syara’
AQIDAH, AKHLAQ , SHARIAH (IBADAT &
MUAMALAT)
AQIDAH
(Faith & belief)
SHARIAH
(Practices & activities)
AKHLAQ
(Moralities & ethics)
IBADAT
(Man to God worship)
MUAMALAT
(Man to Man activities)
POLITICAL
ACTIVITIES
ECONOMIC
ACTIVITIES
FINANCIAL
ACTIVITIES
SOCIAL ACTIVITIES
Compliance to the Scheme of Shariah Laws
ISLAM
AQIDAH (FAITH & BELIEF)
Firm belief in the heart and must be applied into actions

The belief in God, the belief in Prophets, The Angels, The Books, The
Hereafter and The Divine Decree
Compliance to the Scheme of Shariah Laws

SHARIAH



Vital Duties of Islam
• Perform properly and correctly
• Perform the five pillars:
• Syahadat
• Solat
• Fasting
• Zakat
• Haji
Compliance to the Scheme of Shariah Laws

“Shara’a” is the root Arabic word of shariah.
The original meaning of word shariah is “the path or the road leading
to the water”.
The verb shara’a literally means “ to chalk out or mark out a clear road
to water”.
In a religious sense, it means “the highway of a good life”.
CONT…SHARIAH
In legal term “shara’a” means to make or establish laws.

In legal term means laws relating to all aspects of human life
established by Allah s.w.t for his servants.

Laws relating to human life are divided into three:
 Those relating to belief
 Those relating to deeds
 Those relating to ethics

it is the responsible of the Muslim to knows the rules of Allah such as
rules related with:
 Man relationship with God like worship (ibadah)
 Man relationship with other fellow-human like rules of marriage
(Munakahat), criminal law(jinayah), business (Muamalat),
politics (Siyasah), international law and others.
Compliance to the Scheme of Shariah Laws

OBJECTIVES OF SHARIAH
Main objective
Objectives of Islamic Law are the protection of:
•
•
•
•
•
Faith
Life
Intellect
Posterity
Property
These objectives are of three levels that are:
• Dharuriyyat (life and death)
• Hajiyyat (removing hardship)
• Tahsiniyyat (beautifying)
Compliance to the Scheme of Shariah Laws
• To construct human life on the basis of marufat (virtues) and to cleanse
it of the munkarat (vices).
AKHLAK

Compliance to the Scheme of Shariah Laws
Covers all aspects of Muslim behavior , attitudes and work ethics with
which he perform his practical action:
 Moralities and ethics
 Behavior
 Thinking
 The process of judgement
WORSHIP (IBADAH)
Worship (Ibadah) is actually the main purpose of the creation of
man on earth.

Allah mentions in the Holy Quran :
I created the jinn and humankind only that they might worship me
(51:56)

To serve Allah is not only through the devotional acts of prayer,
fasting, payment of zakat and pilgrimage.

The Muslim serve Him through all their good actions whether for
wordly life or heavenly purposes.
Compliance to the Scheme of Shariah Laws

DEFINITION OF IBADAH
• Total submission and obedient physically and mentally based on a
belief that the one whom is worshipped almighty honor and power
that will induce the feeling of degradation and affection.
CONCEPT OF IBADAH
THE GROUPING OF IBADAH
• Specific :
-in time, place, conditionally, directionally and with specific actions
-prayer
-fasting
-pay the tithe/zakat
-perform the pilgrimage
• General :
-individual, society, leadership, the whole life
Compliance to the Scheme of Shariah Laws
• Covered all human activities physically and spiritually
• Covered all worldly and Hereafter affairs
• Main condition
-sincere oneself in performing
MUAMALAT
Muamalat is plural and the singular is Muamalah.

Muamalah is from the verb “aamala” literally meaning to interact.

Muamalat means interactions or transaction.

Commercial transactions
-through contracts which are permitted by the Shariah as
evidenced by the Quran, the Sunnah and other sources of Islamic law.
Compliance to the Scheme of Shariah Laws

CHARACTERISTIC OF MUAMALAT
(CIVIL TRANSACTIONS)
Free from Riba (an increase)

In compliance with (objectives of) Shariah

Devoid of Gharar (uncertainty, indeterminacy)

Free from Qimar (gambling)

Free from Maysir (games of chance)

Free from Ghishsh (fraud)

Free from Khibalah (cheating)

Entitlement to profit depends on liability for risk

Contracts based on free mutual consent
Compliance to the Scheme of Shariah Laws

Tawhid
(Unity)
ETHICS IN
ISLAMIC
FINANCIAL
SYSTEM
Responsibility
‘Adl
(Equilibrium)
Huriyyah
(Free will)
Compliance to the Scheme of Shariah Laws
Ihsan
(Benevolence)
Compliance to the Scheme of Shariah Laws
APRIL 2009
OCTOBER 2009
Question 3 (c)
Elaborate two (2) primary sources of Islamic law and
its functions. (16 marks)
Compliance to the Scheme of Shariah Laws
Question 3 (c)
Elaborate the primary and secondary sources of
Islamic bank. (12 marks)
Compliance to the Scheme of Shariah Laws