Download the main term of islamic law and the characteristic of

THE MAIN TERM
OF ISLAMIC LAW
AND
THE CHARACTERISTIC
OF ISLAMIC LAW
INTERNATIONAL CLASS-FHUI
• In Islamic law, we have to be able to differentiate
these main terms:
1. hukum
2. hukm and ahkam
3. syariah or syariat
4. fiqh
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(1) Hukum (Law)
• Simply, hukum (law) is a set of norms that governs the human
behaviour in the society, consist of the law that grew and
developed in the society and the law that made with any
method and enforced by the government.
• The form of the law may be unwritten like the custom law, or
written like the western law. The law in the conception of
western law is the law that made by human to govern their
interests in the society. In this conception, the law governs the
human relationship with other human and the objects in the
society.
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In Islamic Law, the base concept and structure is
set by Allah SWT. It governs not only human
relationship with other human and the objects in
the society, but also other type of relationships,
considering that human in his life has various
relationships: human and God, human and his self,
human with other human, human with the objects
in the society and the environment around him.
These various of interactions regulated by a set of
behaviour measurement that called hukm
(singular), ahkam (plural).
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(2) Hukm and Ahkam
• The Indonesan word “hukum” derived from the
Arabic word “hukm”. It means the norm, the
principle, that is the measure, measure standard,
standard rule, directory that used to appraise the
behaviour of human and objects.
• In the system of Islamic Law, there are five hukm
that used to measure human behaviour in the field
of ibadah (worship) and muamalah.
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• These five principles called al-ahkam al-khamsah or
the five classification of law (Sajuti Thalib, 1985: 16),
meanwhile in Islamic bibliography, it is called taklifi
law (Masyfuk Zuhdi, 1987: 5).
Ja’iz or Mubah or Ibahah
Sunnat
al-Ahkam al-Khamsah
Makruh
Wajib
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Haram
(3) Syariat
• Syariat means the way to the fountain, the straight
way that must be followed by every Muslim.
• Syariat contains Allah’s and the Prophet’s wills.
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(4) Fiqh
• Fiqh means understanding. The science of fiqh is the
science that determine and clarify the basic norms in
the Al Qur’an and Hadits. This science helps us to
understand the law in the Al Qur’an and as-Sunnah,
so that the law can be implemented in mature and
healthy (mukallaf) human’s behaviour who
responsible to do the Islamic law. Then, the result of
understanding process about Islamic law prepared
systematically in fiqh books and called fiqh law
(Islamic jurisprudence).
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The Differences Between
Syariat and Fiqh
1. Syariat lies in Al Qur’an and Hadits. It means, syariat is the
revelation of Allah SWT and the Sunnah of Muhammad
SAW. Meanwhile, fiqh lies in the fiqh books. Fiqh is the
understanding of qualified person about syariat and the
result of his understanding.
2. Syariat is fundamental and has a larger scope, considering
that the experts put aqidah and akhlaq into syariat.
Meanwhile, fiqh is instrumental and has a limited scope in
the law which governs the human behaviour that usually
called legal act.
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3. Syariat is the provision of Allah SWT and the provision of
His Prophet, so syariat is everlasting. Meanwhile, fiqh is
the human creation which is not eternal and could be
changed from time to time.
4. Syariat is solus, meanwhile fiqh perhaps more than one.
For example, the mazhab.
5. Syariat shows the unity of islam,meanwhile fiqh shows the
diversity..
(Asaf
A.A. Fyzee, 1955: 17, H.M. Rasjidi, 1958: 403,
Ahmad Ibrahim, 1965: 2, M. Khalid Masud, 1977:
22, S.H. Nasr, 1981: 60, Masyfuk Zuhdi, 1987: 1)
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The Differences Between
Syariat and Fiqh
SYARIAT
FIQH
Syariat lies in Al Qur’an and Hadits. It
means, syariat is the revelation of Allah
SWT and the Sunnah of Muhammad
SAW.
fiqh lies in the fiqh books. Fiqh is the
understanding of qualified person about
syariat and the result of his
understanding.
Syariat is fundamental and has a larger
scope, considering that the experts put
aqidah and akhlaq into syariat.
fiqh is instrumental and has a limited
scope in the law which governs the
human behaviour that usually called
legal act.
Syariat is the provision of Allah SWT and , fiqh is the human creation which is not
the provision of His Prophet, so syariatis eternal and could be changed from time
everlasting
to time.
Syariat is solus from Allah SWT,
Syariat shows the unity of Islam
fiqh perhaps more than one. For
example, the mazhab.
fiqh shows the diversity..
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THE CHARACTERISTIC
OF ISLAMIC LAW
1. It is the part and based on Islamic religion.
2. It has a tight and inseparable relationship with
Islamic faith (aqidah) and ethics (akhlaq).
3. It has two keywords: (a) syariat and (b) fiqh.
4. It contains of two main fields:
(a) worship (ibadah), and
(b) muamalah in large scope.
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5. It is stratified that contains of:
(a) nas or the text of Al Qur’an,
(b) Sunnah (for syariat),
(c) the result of the ijtihad by the qualified
person about the revelation and Sunnah,
(d) the practical implementation in (i) decision
of judge or (ii) practices by the adherent of Islam
in the society (for fiqh).
6. Precede the responsibilities/obligation from the
rights.
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1. 7. It can be divided into (a) taklifi law (al-Ahkam
al-Khamsah), and (b) wadh’i law that contains the
reason, conditions, obstruction of the occurs or the
establishment of legal relationships.
8. It is universal, stand for everlasting time for the
adherent of Islam wherever and whenever.
9. It respects human dignity as an unity of soul and
body, spiritual and physical, and humanity as a
whole.
10. Its practical implementation moved by faith
(aqidah) and akhlaq of the adherent of Islam.
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