CHAPTER 3COMPLIANCE TO THE SCHEME OF

SHARIAH LAWS

Mohammad Salleh Bin Abdul Saha

Razizi bin Tarmuji

razizi.uitm.edu.my

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CONTENTS3.1 Sources of Shariah Laws3.2 Aqidah, Akhlaq, Shariah (Ibadat &

Muamalat)3.3 Ethics in Islamic Financial System

Sources of Shariah Laws

Primary

Al-Quran

Al-Hadith

Secondary

Ijmak

Maslahah

Sadd Zari’ah

Urf

Siyasas Syar’iyyah

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sPRIMARY SOURCES OF SHARIAH LAWS : AL- QUR’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

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

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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 Al- Maidah 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.

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sPRIMARY SOURCES OF SHARIAH LAWS : AL- HADITH 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.

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sSECONDARY SOURCES OF SHARIAH LAW

• 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

Ijmak (consensus)

• 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

Maslahah (consideration of public interest)

• 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

Sadd Zari’ah (blocking of means)

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CONT…SECONDARY SOURCES OF SHARIAH LAW

• 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’

Urf (custom)

• 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

Qiyas (analogical deduction)

• 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.

Siyasah Syar’iyyah

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sAQIDAH, AKHLAQ, SHARIAH (IBADAT & MUAMALAT)

ISLAM

AQIDAH(Faith & belief)

SHARIAH(Practices &

activities)

IBADAT(Man to God

worship)

MUAMALAT(Man to Man

activities)

POLITICAL ACTIVITIES

ECONOMIC ACTIVITIES

FINANCIAL ACTIVITIES

SOCIAL ACTIVITIES

AKHLAQ(Moralities & ethics)

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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

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SHARIAH “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”.

• Perform properly and correctly• Perform the five pillars:

• Syahadat• Solat• Fasting• Zakat• Haji

Vital Duties of Islam

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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.

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OBJECTIVES OF SHARIAHMain objective

• To construct human life on the basis of marufat (virtues) and to cleanse it of the munkarat (vices).

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)

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AKHLAK 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

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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.

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sDEFINITION 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

• Covered all human activities physically and spiritually• Covered all worldly and Hereafter affairs • Main condition

-sincere oneself in performing

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

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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.

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sCHARACTERISTIC 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

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ETHICS IN ISLAMIC

FINANCIAL SYSTEM

Tawhid(Unity)

‘Adl(Equilibrium)

Huriyyah(Free will)Responsibility

Ihsan(Benevolence)

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sPAST YEAR QUESTION

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APRIL 2009Question 3 (c)Elaborate the primary and secondary sources of Islamic bank. (12 marks)

OCTOBER 2009Question 3 (c)Elaborate two (2) primary sources of Islamic law and its functions. (16 marks)

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THANK YOU!!(^_^)