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Objectives

To explain about the needs of law to human life.


To distinguish between shariah and fiqh.
To provide detail features of shariah and fiqh in Islam.
Why Human beings need Laws
Human beings are born in society and need society.
Society is part and partial of human life.
Human being cannot live in isolation i.e. no man is an
island.
Active society produces many interactions among
members.
Social interactions may cause some differences such as
disagreements, arguments, quarrels.
Occasionally, disagreement will lead to physical actions
such as kicking, punching, killing, etc.
Why Human beings need Laws
Absolute individual freedom will destroy the society.
The creation and enforcement of laws limits the
individual freedom so that we can act rationally & live
as civilized society.
All societies in the past, had their own laws, recognised
by different names such as custom, culture, orders
and rules from tribal leaders, sultan & kings.
Indeed, these regulations are called laws or Acts in our
contemporary world.
Muslims are regulated by shariah or Islamic laws .
Islamic laws covers all aspect of life, religion, socially,
politically, economically & culturally.
Types of law
Human creation law/ positive law/ qanun wadi
Divine law (qanun samawi)
Human creation law )(
It is a law which is created by human through
their experiences, customs, cultures, orders
from leaders and so on.
This type of law refers to both written law and
unwritten law in the society.
Example, Islamic Financial Services Act 2013.
Divine law /qanun samawi )(
Divine law is a law which is revealed by Allah SWT to the
prophet ( P.B.U.H).
The basic element of this divine law, is the belief in
Oneness of Allah and his messenger.
The belief that Allah SWT is the creator of the universe
and Allah SWT knows the best to his creations.
So, the rules that revealed by Allah SWT to the human
beings is the best to them.
The final divine law in Islam is Shariah
Shariah is a way of life which covers all aspects of
human life, be it religion, economics, political, and
social.
Shariah is an absolute sources of reference to the Islamic financial
system.
Shariah Law controls, rules and regulates all public and private
behaviors. Starting from personal hygiene, dietary behaviors,
sexual conduct, and even the elements of child rearing, all are
governed by the Shariah law.
Besides, it also prescribes specific rules for prayers, fasting, giving
alms to the poor, and many other religious matters.
Shariah Law can also be used in larger situations than guiding an
individual's behavior such as in politics, economics, & social
matters.
It can be used as guide for how an individual acts in society and
how one group or nation interacts with another or other nations.
Shariah
Shariah literally means way to water the source of
all life and it signifies the way to Allah, as given by
Allah.
Technically, Shariah is defined as the code of laws
derived from the Quran and from the teachings and
practices of Prophet Mohammed (P.B.U.H) i.e. sunnah.
Shariah has its correlation with the words din and
millah.
Shariah covers all aspects of life that includes faith
and practices, personal behaviours, as well as legal and
social transactions.
Components of Shariah
Shariah can be divided to three main branches (i.e.
aqidah, fiqh and akhlaq).
Aqidah means an absolute belief in a persons heart that
there is no God but only Allah s.w.t. and, Muhammad
peace be upon him (p.b.u.h) is His last prophet.
Fiqh concerns with rules and regulations of all aspects of
practical actions by Muslims such as praying, giving zakat,
Akhlaq covers all aspects of Muslim behaviour, attitude
and work ethics with which he performs his practical
actions. It consists of man to man and man to Allah
s.w.t. relationships.
Fiqh
Fiqh is also called Islamic jurisprudence
Fiqh ( )in Arabic, literally means understanding.
At earlier stage of Islamic civilisation, terminology of fiqh is
used accordingly to shariah terminology. It means revelations
from Allah SWT through Prophet Muhammad (Pbuh) i.e.
sunnah.
Later, occurred paradigm shift to this terminology. Fiqh
defined as a science of practical rules which derived from
specific evidence i.e. al-Quran and al-sunnah.
Overtime, there is another paradigm shift where fiqh is
defined as practical rules which derived from al-Quran and
sunnah.
The word Shariah or Shariah law is used generally to
describe the Islamic jurisprudence or fiqh.
There are four main Sunni schools or mazhab of fiqh, i.e.
Shafi, Maliki, Hanafi and Hambali. Each school of thought has
its own fiqh.
Types of Fiqh

Generally, Fiqh is divided into two parts:

i) usul al-fiqh i.e. roots of the law. It is the study of the


sources and methodology to derive rulings [ahkam]
relating to all matters of worship [ibadah], dealings
[muamalat] or any type of act conducted in this life
from the Quran and the Sunnah.

i) furu' al-fiqh i.e. branches of the law. It deals with the


practical rules of ibadat & muamalat
Fiqh as practical rules deals with two
types of relationships.
i. Ibadat i.e. rules regarding mans
relationship with Allah. Ibadat is
concerned with the practicalities of a
Muslims worship of Allah.
ii. Muamalat i.e. rules regarding mans
relationship with other human beings.
Muamalat is concerned with rules and
regulations on man to man relationship.
Distinction Between Shariah & Fiqh

SHARIAH FIQH

Shariah covers wide scope, it includes Fiqh focuses on practical rulings only.
faith & practices (aqidah), practical
rulings ( fiqh) as well as ethical values (
Aqhlaq).
Shariah is the body of the law itself. Fiqh is the understanding of the law, for
the purpose of practical
implementation.
Shariah is divine in nature Fiqh involves human intellectual
reasoning ( Ijtihad) in understanding the
law

Shariah is fixed and unchangeable may change according to time and


throughout times and generations circumstances under which it is applied.
Categorization of Practical rulings (Fiqh)
Some of Fiqh rulings are derived directly from divine sources (
Quran and Sunnah) without implementation of Ijtihad as they are
straight forward;
While other fiqh rulings are indirectly derived from divine sources
through ijtihad.
1. The rules which are taken from revelation directly without
involvement of reasoning process ( Ijtihad); or with a minimum
involvement of reasoning and logical process includes:
the rules on prayers , fasting, zakat, hajj, etc.
Some rules on financial transactions ( e.g. prohibition of interest,
maisir,);
the rules on hudud such as adultery and all the rules which can
be understood without complicated reasoning process.
2. The rules which are taken from revelation
indirectly through complicated reasoning and
logical process ( Ijtihad).
This type of rule cannot be defined as a
revealed rules
But they cannot be ignored without another
stronger and valid evidence because this
type of rules are derived from the
interpretation of al-Quran and sunnah such
as rules on social, economics, & politics, etc.
The features of shariah
Shariah have distinctive characteristics that are different
from man made laws. These distinctive features include:
1. Originality of Shariah as divine laws.
All Shariah rules are free from mistake and injustice.
The rules have a deep recognition and deep respect in
Muslims hearts.
They are divine, original & have no human elements.
Shariah is guaranteed by Allah SWT for its persistence
and originality until the day of Judgment.
Shariah does not suffer from any man made laws
weakness, such as discrimination, favours or injustice.
2. Reward and punishment are both duniawi (
Earthly) and ukhrawi ( Hereafter).
Positive laws specifies various punishment for
unlawful actions ( offences).
Offenders can face imprisonment, death, or
whipping, or fine and etc.
Shariah also has variety of punishment.
However it punishment will be both in this world
& hereafter
For example, punishment of murder or adultery
can be both in the world & hereafter.
3. Shariah is general and permanent
Rules in al-Quran are both specific &
general rules.
Rules on Ibadah, riba, maisyr, zakat,
inheritance, etc for example are specific,
however, some rules on social, economics,
cultural, etc are general.
The generality of the rules, makes shariah
flexible and adaptable in all situations,
times and places.
4. The comprehensiveness of shariah
Shariah is a complete code of life.
It covers all aspects of human life i.e. belief, social
interaction, politic, economy and so on.
5. Realistic and Practical
Shariah is capable of addressing all human needs and
conditions.
Its rules are realistic and can be practiced by all human
being.
For example, the rulings of prayers give some flexibility
to those who are sick, disable to pray either sitting,
even laying down; dont fast in Ramadhan when you
are sick.
Why shariah is Realistic & Practical?
Islam is founded on the principle of enjoying doing good deeds to fetch more
rewards from Allah and deter people from evils (jalbu al-maslahah wa dar al-
mafsadah) )(
Quran says: And We have sent you ( O Muhammad ( p.b.u.h) not but as a
mercy( rahmatan) for all alamin ( mankind, jinns and all that exists) ( 21:107).
Specific punishments to certain offences have been revealed in order to
prevent people from evils so that they can enjoy doing good deeds to fetch
more rewards from Allah.
There are the concept of rukhsah ( exceptional) in all situations to ease people
difficulties, and suite the needs of the people.
The main objectives of Sharia is to promote public interest ( Maslahah). These
maslahah can be maslahah daruriyyah, maslahah hajiyyah and maslahah
tahsiniyyah.
Activities that benefits mankind, prevent harm, create peace and stability
definite promote public interest.
The features of fiqh
Fiqh is originated from the shariah. Therefore, fiqh
contains the same features as shariah although the
strength of its features are lower than shariah.
The fiqh rules have religious value same as shariah,
however shariah religious value is higher.
Fiqh also contains ukhrawi (Hereafter) value in its rules
because fiqh originated from the interpretation of
shariah.
Fiqh also has flexibility in its rules and ability to persist
regardless of time and place.
Thus, the characteristics of fiqh are associated with the
characteristics of shariah.
Conclusions
Laws and regulations are compulsory to human
life.
Shariah is the absolute reference for Muslims in
all aspects of life, including Islamic Banking and
Finance.
Shariah has its own characteristics which are
difference from man made laws.
There are slight differences between Shariah and
fiqh. However these differences could not deter
the religious values in both their rules.
Thank You

Wa Allah Alam