Introduction to ShariahIntroduction to Shariah, , FiqhFiqh

AAnas Budiharjo, M.Scnas Budiharjo, M.Scanasbudi@psb.uin-malang.ac.id anasbudi@psb.uin-malang.ac.id

SHARIAH

Definition of shariah

• Definition of shariah • Literal meaning: The word Shariah refers to the

road to the watering place, the straight path to be followed.

• The root of the Arabic word of Shariah is the verb • “shara’a”. • The literal meaning of “shara’a” is to open upon a

street, like to open a door upon a street.• From “shara’a”, comes “mashra’a” which means

path to a watering place.

Technical meaning

• Technical meaning: • in the Islamic context Shariah refers to the laws

and commandments and way of life prescribed by Allah to mankind.

• Shariah refers to commands, prohibitions, guidance, and principles that God has addressed to mankind pertaining to their conduct in this world and salvation in the next.

Cont.

• Abdul Karim Zaidan defined Shariah “as the path of religion and the various aspects of laws (al-ahkam) which Allah provides for his servants, i.e. human”.

• Shariah is the knowledge of the laws relating to human being’s acts and behavior, derived from specific sources, it is commands of Islam in particular matters and application.

• Shariah is code of life which consists from ideology, faith, behavior and obligation in the practical daily matters.

• Rabbaniyyah (divine)

• Reward in the world and hereafter

• ‘Alamiyyah and umumiyyah (universal)

• Permanent

• Syumul (complete)

FEATURES OF SHARIAH

FIQH

• 1: Literal meaning• The term of fiqh is used in the literal sense to

mean knowledge and understanding al-fahm.• Al Razi says fiqh is understanding the purpose of

the speaker from his speech.• the majority of the scholars describe the fiqh as

the absolute understanding Mutlaq al fahm. • Therefore understanding, fahm and fiqh are

synonymous

Definition of fiqh

Cont.

• From linguistic aspect. • The word of fiqh has been used in the Quran in

various occasions:• : ( ) هود) تقول مما كثيرا نفقه ما شعيب يا (.91: 11قالوا

• (They said: O shu'ayb, we do not understand much of what you say) (11: 91)

• And the prophet (pbuh) الدين • في يفقهه خيرا به الله يرد من

• He for whom Allah wills His blessings is granted the understanding of din.

Technical meaning

• The preferred definition of fiqh is as follows: • "The knowledge of the legal rules (Al Ahkam Al

Shariyyah), pertaining to conduct that have been derived from their specific evidences”.

المكتسبة • العملية الشرعية األحكام معرفة. التفصيلية أدلتها من

• we examine this definition in the following points:

Cont. • The meaning of (knowledge) in the definition means to be

in position to provide the Islamic ruling by exercise the ijhihad.

• It has also the meaning of readiness to know things.• (The legal ruling) in the definition means the different

Islamic ruling such as obligatory and prohibition.• this segment is a restriction to the wider meaning of the

legal ruling, which excludes all the other Ahkam such:1: the rational rule such as the sum is greater than its parts.2: rules which perceived by senses such the knowledge of

sweet of the honey3: rules which are known by experience and custom such as

the fire burns and hurts.• These rules are not classified under the Islamic ruling;

therefore the meaning of legal ruling is very narrow in this discipline.

Cont.

• (Pertaining to conduct) means the Islamic ruling related to the deeds of people and their physical acts.

• the concept of the deed is very wide which include the following:

1: physical act such as the act of writing.2: the act of qalb (heart) such as intention, and love and hate.3: the act of lisan (tongue) such as speech or statement of ijab

(offer) and qabul (acceptance) in the sale transactions. • (Have been derived from their specific evidences) which

means acquired from the primary individual text such Quran (verses) and Sunnah (hadith).

Conclusion

• We conclude the following points:• Fiqh is the knowledge of the Islamic ruling pertaining

to conduct of the people.• these conducts include the physical acts, the heart

acts and the tongue acts which can be observed in form of speech or statement or world.

• اللسان ـ القلب ـ الجوارح• The person who is qualified to acquire this

knowledge is al faqih (the jurist), therefore the other scholars are not qualify.

• The fiqh is derived from specific evidence found in the Quran and Sunnah and other sources.

Cont.

• The fiqh as knowledge is not a combination of individual opinion and point of views base on the pure reasoning, but it is governed by the rules of interpretation (Usul fiqh).

• the early definition of fiqh was base on Abu Hanifa definition which is:

• (the knowledge of soul, its right and obligations عليها وما لها ما النفس معرفة

• which gives a very wider scope of this discipline.• however the scholars narrow down the meaning

of fiqh to be more focus and precise as we mentioned above.

Distinction between fiqh and shariah

• The word Shariah has a very wide meaning compare

to fiqh.• Shariah consist from law, rules, regulations,

commands, obligations, guidance, principles, ideology, faith and behavior which govern the human being in every aspect of life.

• The Shariah includes all aspects of human life in this world.

• The Shariah is meant for two different worlds, happiness in this life and in hereafter.

Cont.

• Shariah is the whole divine law and values as given by Allah.

• fiqh is the laws extracted by Muslim jurists from the sources of Islamic law.

• fiqh contains human involvement which is required as juristic interpretation comes in.

• The term “Islamic law” refers to fiqh, and can be used as well to describe Shariah in the general meaning.

Fiqh & ShariahFiqh & Shariah

Fiqh is the absolute Understanding

Mutlaq al fahm.

Fiqh is the absolute Understanding

Mutlaq al fahm.

Shariah refers to the road to the watering place, the straight path

to be followed

Shariah refers to the road to the watering place, the straight path

to be followed

The knowledge of the legal rules )Al Ahkam Al Shariyyah(, pertaining to conduct that have been derived

from their specific evidences

The knowledge of the legal rules )Al Ahkam Al Shariyyah(, pertaining to conduct that have been derived

from their specific evidences

Shariah consist from law, rules, regulations, commands, obligations, guidance, principles, ideology, faith and behavior which govern the

human being in every aspect of life

Shariah consist from law, rules, regulations, commands, obligations, guidance, principles, ideology, faith and behavior which govern the

human being in every aspect of life

Fiqh ShariahLiteral Literal

TechnicalTechnical

Believe – faith

Fiqh - Islamic LawEthic - Aklak

Shariah

Fiqh – Islamic law

Ethic - Aklak

Believe – faith

Shariah

Major components

ShariahShariahEthic - Aklak

Believe – faith

Fiqh - Islamic Law

USUL FIQH

Definition of Usul fiqh

• School which represent the maliki, Hanafi and the Hanbali, defined Usul fiqh as follows;

• "The knowledge of principles by means of which one has an access to the derivation of the commands of the shariah relating to the conduct of man on the basis of its detailed proofs.

استنباط • إلى بها يتوصل التي بالقواعد العلم. التفصيلية أدلتها عن الفرعية الشرعية األحكام

• This definition emphasized on the rules and principles which lead the mujtahid to derive an Islamic ruling from the details proof.

• the definition exclude every rule which not leading to derive legal rules.

Conclusion

• Usul fiqh is methodology of understanding and interpretation the text (revelation Quran & Sunnah).

• Usul fiqh is a discipline base on rules and principles used as methodology to derive the Islamic ruling from the details proof.

Cont.

• The main purpose of the rules (qawaid usuliyyah) and principles in Usul fiqh is to lead the Usuli to interpret the text correctly and produce the Islamic ruling accordingly.

• Qawaid usuliyyah represent the general rules and principles derived from the general proof and apply on the details proof.

Cont.

• The purpose of Usul fiqh is to establish principle, general rules, and provide it to the jurist in order to have access to the commands of shariah.

• Usul fiqh helps the jurist to deal with the text in correct manner without committing errors or mistakes in producing the Islamic law.

• Usul fiqh to fiqh like logic to the philosophy, or like grammar to the language.

Differences between Usul fiqh and fiqh

• Usul fiqh represent a sharp weight which govern the thinking of the jurist and protect the process of ijtihad.

• Usul fiqh is a methodology and rules and principles which guide the jurist to derive legal rules from the original sources.

• it is a methods of derivation of rules. • Whereas fiqh derives Islamic ruling by using those legal

rules in the light of the Usul fiqh methodology. • The duty of Usuli the legal theorist is to provide rules and

principles and methodology.• the duty of the faqih (the jurist) is to derive the Islamic rules

by using and implementing those rules and principles provided by the Usuli.

Fiqh

Process Of Ijtihad

Usul Fiqh

Providing rules to faqih

Producing Islamic law

Usuli

Faqih

Producing rules and principles

Quran & Sunnah and other Islamic sources

specific evidences (individual)

Verses & Hadith

Main sources

individual sources

Process of Ijtihad

By applying the rules of interpretation

Produce Fiqh (Islamic Law)

Rule of interpretation

Produce rules of interpretation

Usuli (legal theorist

Faqih

Rule of interpretation:

• Quran, Sunnah and other sources.

•Rules of command and prohibitions.

• Textual implications (dalalat al al fad)

Process of Ijtihad

Islamic Law

Producing rules

and principles

Usuli

Process Of Ijtihad

Fiqh

Usul Fiqh

Jurist

Benefit of Usul Fiqh

• We can observe the benefit of this discipline in the following points:

• This discipline provides the principles of thinking and reasoning with complete methodology of derivation of law from its sources.

• This discipline is a manual book for the jurist to understand the holy text.

• The discipline helps the jurist to produce law from the sources by applying the rules and principles of Islamic jurisprudence.

Cont.

• The methodology of this discipline protects the jurists from mistakes, and guides them to exercise ijtihad correctly according to the requirement of this discipline.

• This discipline like logic to philosophy and grammar to the language it secure to produce accurate knowledge.

• This discipline maintained the continuity of ijtihad throughout the history and will ensure the future continuity of this process till the date of judgment.

Cont.

• By exercising this discipline the gate of ijtihad will never be closed and always remain open.

• This discipline represents the philosophy of Islamic legislation.

• it is a unique doctrine and methodology which has been developed throughout the Islamic though.

Cont.

• This discipline is one of the necessary requirement for the qualification of the mujtahid and mufti.

• without this discipline the person is not allowed to interpret the holy text or provide Islamic ruling for new issues and new cases.

Conclusion

These terms technically are different These terms technically are different These terms technically are different These terms technically are different

These terms are used to indicate same concept in generalExcept Islamic jurisprudence

Islam Islam Shariah Shariah FiqhFiqh Islamic LawIslamic Law

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