Literal MeaningLiteral MeaningOriginated from [Originated from [ َع� َّر� َع�َش� َّر� .which means: to legislate, to make law, to enact.] which means: to legislate, to make law, to enact [َش�

Syari’ah literally means: Syari’ah literally means: a. the road to the watering placea. the road to the watering placeb. the straight path to be followedb. the straight path to be followed

ال ]] �ِذ�يَن� اَّل �ْه�َو�اَء� َأ �ْع� �ِب �َّت َت َو�ال �ْع�َه�ا �ِب َف�اَت األْم�ِر� ْم�َن� ِر�يْع�ٍة� َش� َع�َل�ى �اَك� �َن َج�ْع�َل ال ثم �ِذ�يَن� اَّل �ْه�َو�اَء� َأ �ْع� �ِب �َّت َت َو�ال �ْع�َه�ا �ِب َف�اَت األْم�ِر� ْم�َن� ِر�يْع�ٍة� َش� َع�َل�ى �اَك� �َن َج�ْع�َل ثم�ُم'َوَن� �ْع�َل �ُم'َوَن�ي �ْع�َل :[ [ ي :اَّلجاثـيٍة) ((1818اَّلجاثـيٍة)

Then We have put you )O Muhammad SAW( on a straight way of )Our( Then We have put you )O Muhammad SAW( on a straight way of )Our( commandment. So follow you that and follow not the desires of commandment. So follow you that and follow not the desires of those who know not. those who know not. [[Al-Jathiah: Al-Jathiah: 18]18]

DEFINITION OF SHARI’AHDEFINITION OF SHARI’AH

1. The Concept and Nature of Syari’ah and Fiqh.

To testhujjah nature

Technical MeaningTechnical Meaning

1. Al-Qurtubi )Muhammad ibn Ahmad, 671H/1273 C.E(: 1. Al-Qurtubi )Muhammad ibn Ahmad, 671H/1273 C.E(: [The divine law of Islam, all the different [The divine law of Islam, all the different commandments of Allah to mankind].commandments of Allah to mankind].

2. Other definition: [The injunctions revealed to the 2. Other definition: [The injunctions revealed to the Prophet’s of Allah related to legal or believe].Prophet’s of Allah related to legal or believe].

Modern Islamic Jurist:Modern Islamic Jurist:

[[The total sum of The total sum of Islamic Islamic teaching and teaching and system, which was system, which was revealed to Prophet Muhammad s.a.w. recorded in the revealed to Prophet Muhammad s.a.w. recorded in the Qur’anQur’an as well as deducible from the Prophet’s divinely- as well as deducible from the Prophet’s divinely- guided lifestyle called the guided lifestyle called the SunnahSunnah]]

Major Fields/Components of Shari’ahMajor Fields/Components of Shari’ah

1.1. Al-ahkam al-i’tiqadiyyahAl-ahkam al-i’tiqadiyyah )the sanctions relating to beliefs( )the sanctions relating to beliefs( such as the belief in Allah and the Day of Judgement.such as the belief in Allah and the Day of Judgement.

2.2. al-ahkam al-akhlaqiyyahal-ahkam al-akhlaqiyyah )the sanctions relating to moral )the sanctions relating to moral and ethics( such as the injunction to tell the truth, be and ethics( such as the injunction to tell the truth, be sincere, be honest etc.sincere, be honest etc.

3.3. al-ahkam al-‘amaliyyahal-ahkam al-‘amaliyyah )sanctions relating to the sayings )sanctions relating to the sayings and doings of the individuals and his relations with and doings of the individuals and his relations with others( which is also called others( which is also called FiqhFiqh..

LegalDoctrines

LegalDoctrines

Ethical Doctrines

Ethical Doctrines

Belief Systems

Belief Systems

SHARI’AHSHARI’AH

Tawhid, Qiamat, Heaven, Hell

Telling TruthSincereHonestRespect

The Elders

DoingsSayings

Relationships

Literal MeaningLiteral MeaningDerived from the root word of [Derived from the root word of [ :[ :[َف�َق�َه�َف�َق�َه� - Comprehension or True understanding- Comprehension or True understanding

Allah saysAllah says::]] َق�َو�َّل�ي �ْف�َق�َه'َوا ي �ي اِن �َس� َّل ْم�َن� Oَع'َق�َد�ًة 'ْل� َق�َو�َّل�ي َو�اْح�َل �ْف�َق�َه'َوا ي �ي اِن �َس� َّل ْم�َن� Oَع'َق�َد�ًة 'ْل� ]]َو�اْح�َل

"And make loose the knot )the defect( from my "And make loose the knot )the defect( from my tongue, that they understand my speech” tongue, that they understand my speech” [Taha: 27][Taha: 27]

DEFINITION OF FIQHDEFINITION OF FIQH

The Prophet s.a.w. makes duaÉ for Ibn ‘AbbÉs by saying, "اَّلَلَهم َفَقَهَه َفي اَّلَديَن َوَعَلُمَه اَّلَّتأَويْل"

“O, Allah, teach him al-DÊn (religion) and make him understand the interpretation of al-Qur’Én.”

- During the early days of Islam, the word Fiqh was meant to the - During the early days of Islam, the word Fiqh was meant to the knowledge of Islam which included knowledge of Islam which included ‘ilm kalam‘ilm kalam. Only during the . Only during the time of Al-Ma’mun )218H(, the term fiqh was restricted to the time of Al-Ma’mun )218H(, the term fiqh was restricted to the knowledge of Islamic Law alone.knowledge of Islamic Law alone.

- In general usage, some scholars used the word fiqh associated with - In general usage, some scholars used the word fiqh associated with various sciences of Islam. Such as the word [Fiqh al-Hadith] is various sciences of Islam. Such as the word [Fiqh al-Hadith] is being used to express about the science of Hadith, which discuss being used to express about the science of Hadith, which discuss the different subjects and topics related to Hadith, its categories the different subjects and topics related to Hadith, its categories and degree, ect. and degree, ect.

- Similarly, the word [Fiqh al-Qur’an] is used to state the branches - Similarly, the word [Fiqh al-Qur’an] is used to state the branches of knowledge related to al-Qur’an.of knowledge related to al-Qur’an.

- At present, the word [Fiqh al- Sirah] is also commonly used to - At present, the word [Fiqh al- Sirah] is also commonly used to describe the branch of knowledge related to the life of the describe the branch of knowledge related to the life of the Prophet s.a.w.Prophet s.a.w.

Early meaning of Fiqh:

Technical MeaningTechnical Meaning

1. 1. Imam Abu HanifahImam Abu Hanifah – al-Nu’man ibn Thabit )d.767CE/150 AH(: – al-Nu’man ibn Thabit )d.767CE/150 AH(:

[The knowledge of what is for a man's self and what is against a [The knowledge of what is for a man's self and what is against a man's self' man's self' (ma’rifat al-nafs ma laha wa ma ‘alayha)(ma’rifat al-nafs ma laha wa ma ‘alayha)]]

2. 2. The Syafi’i’sThe Syafi’i’s define fiqh as: define fiqh as:

اَّلْعَلم باألْحكام اَّلشِرَعيٍة اَّلْعُمَليٍة اَّلُمكَّتَسِبٍة ْمَن َأدَّلَّتَها اَّلَّتْفصيَليٍة

[ The knowledge of the Syari’ah ahkam )legal rules, pertaining to conduct, that have been derived from their specific evidences]

3. 3. Al-GhazaliAl-Ghazali - Muhammad ibn Muhammad )d.505 AH/( has - Muhammad ibn Muhammad )d.505 AH/( has confined the word Fiqh to the science of the rules of lawconfined the word Fiqh to the science of the rules of law

4. 4. Al-Amidi Al-Amidi – ‘Ali ibn Abi ‘Ali )d.631AH(: Fiqh– ‘Ali ibn Abi ‘Ali )d.631AH(: Fiqh is the science of is the science of understanding the legal obligations derived from its sources understanding the legal obligations derived from its sources )i.e. )i.e. al-Qur’an, Sunnah al-Qur’an, Sunnah and other sources of Islamic law(and other sources of Islamic law(

In other words : In other words : ]]FiqhFiqh or the science of Islamic law is the knowledge of one's rights or the science of Islamic law is the knowledge of one's rights

and obligations pertaining to conduct, that have been derived and obligations pertaining to conduct, that have been derived from the from the Qur’an oQur’an or r SunnahSunnah of the Prophet, or the consensus of of the Prophet, or the consensus of

opinions among the learned opinions among the learned (ijma’)(ijma’), or analogical reasoning , or analogical reasoning (qiyas), (qiyas), or otheror other legal sourceslegal sources[[

In simple words : [Fiqh is a knowledge or understanding of Islamic In simple words : [Fiqh is a knowledge or understanding of Islamic Law] Law]

The DifferencesThe Differences

SHARIAH SHARIAH )GENERAL MEANING()GENERAL MEANING(

The Divine laws or group of The Divine laws or group of rules and ordinances of both rules and ordinances of both prescriptions and prohibitions prescriptions and prohibitions revealed in the Scripture: al-revealed in the Scripture: al-Quran and as amplified by the Quran and as amplified by the teaching of the Prophet teaching of the Prophet Muhammad s.a.wMuhammad s.a.w

FIQH FIQH )GENERAL MEANING()GENERAL MEANING(

Human intellectual effort of Human intellectual effort of comprehending the Divine Law, comprehending the Divine Law, the ordinance of Allah as the ordinance of Allah as revealed in the Qur’an and the revealed in the Qur’an and the Sunnah.Sunnah.

The effort of human beings to The effort of human beings to interpret Allah’s word in search interpret Allah’s word in search for the truth. The interpretations for the truth. The interpretations are influenced by the dynamics are influenced by the dynamics of time and place.of time and place.

SHARIAH

FIQH

BELIEF&

ETHIC

SHARI’AHa( Shari’ah is the wider circle, it

includes all human actions.

b( Shari’ah is the body of revealed injunctions found both in the Qur’an and Sunnah and it includes the three main component: Aqidah, Akhlaq and Fiqh.

c( Shari`ah is fix and unchangeable.

d( The Shari’ah is based on revelations in which the knowledge is only obtained from the Qur’an or Sunnah.

FIQHa( Fiqh is confined to what are

commonly understood as human acts as far as their legality and illegality are concerned.

b( It is obvious that Fiqh is one component of the Shari`ah. The Practical rules of Syariah.

c( Certain ruling of Fiqh changes according to the changes of the circumstances under which it is applied.

d( In Fiqh, the power of reasoning is stressed, and deductions based upon knowledge are continuously referred to with approval.

The DifferencesThe Differences

New surah

5- No mazhab is 5- No mazhab is discussed herediscussed here

6- All muslims are 6- All muslims are bound to accept all bound to accept all ahkams of shariahahkams of shariah

7- Shariah occurred 7- Shariah occurred only during prophet only during prophet timetime

5- discussion based 5- discussion based up on mazahibup on mazahib

6- Muslims are not 6- Muslims are not bound and therefore bound and therefore they have right to they have right to choose based the choose based the evidencesevidences

7- Fiqh continues until 7- Fiqh continues until the end of the daythe end of the day

7 Dec 20057 Dec 2005 1313

Components of FiqhComponents of Fiqh

Fiqh covers various aspect of human life, it Fiqh covers various aspect of human life, it can can generally be divided into two main categories:generally be divided into two main categories:

1. 1. Fiqh al-`Ibadah:Fiqh al-`Ibadah: this category covers the rulings that this category covers the rulings that govern the relationship between man and Allah or in govern the relationship between man and Allah or in other word it is called as `ibadah )rituals(other word it is called as `ibadah )rituals(

2. 2. Fiqh al-Mu`amalahFiqh al-Mu`amalah or al-‘Adah: this category covers the or al-‘Adah: this category covers the rulings that govern the relationship between man and rulings that govern the relationship between man and man and man and other creatures of Allah. man and man and other creatures of Allah.

FIQH

FIQH AL-’IBADAT FIQH AL-MU’AMALAT

Family Law

Commercial transactions

Administration of justice

Political System

Criminal Law

Ahkam al-Siyar

Economic Systems

Others

Rulings related to prayer

Rulings related to fasting

Rulings related to almsgiving

Rulings related to hajj

Categories of Fiqh RulingsCategories of Fiqh Rulings

Fiqh rulings or hukm or legal rule:Fiqh rulings or hukm or legal rule:

[The rulings that is deduced from the different sources of Fiqh [The rulings that is deduced from the different sources of Fiqh concerning the action by a morally responsible person]concerning the action by a morally responsible person]

Fiqh rulings are of five categories:Fiqh rulings are of five categories:

a. Fard or wajib )a. Fard or wajib ) َواَجب/ َواَجب/ َفِرض ))َفِرض

b. Sunnah )b. Sunnah )سَنٍةسَنٍة((

c. Haram )c. Haram )ْحِرامْحِرام((

d. Makruh )d. Makruh )ْمكِرَوهْمكِرَوه((

e. Mubah )e. Mubah )ْمِباحْمِباح((

AL-FARD / AL-WAJIB AL-FARD / AL-WAJIB [compulsory, obligatory][compulsory, obligatory]

Al-Fard : An absolute command which is supported by Al-Fard : An absolute command which is supported by decisive proof, disobedience to it without any legal excuse is a , disobedience to it without any legal excuse is a sin and its denial amounts to disbelief. sin and its denial amounts to disbelief.

It is of two kinds:It is of two kinds:

a. a. ‘Ayn‘Ayn [The individual obligations, which need to be undertaken by [The individual obligations, which need to be undertaken by every individual, and disobeying it will result in committing a every individual, and disobeying it will result in committing a sin]sin]

b. b. KifayahKifayah [The collective responsibilities in the sense that if a group of [The collective responsibilities in the sense that if a group of people undertake to do the obligation, the rest will not be held people undertake to do the obligation, the rest will not be held responsible for it but if no one carry out this duty, the whole responsible for it but if no one carry out this duty, the whole community or nation will bear the sin for omitting it]community or nation will bear the sin for omitting it]

Refers to deeds that is recommended to be undertaken by the Refers to deeds that is recommended to be undertaken by the Muslims.Muslims.

It is of two kind:It is of two kind:a. a. Sunnah Mu’akkadahSunnah Mu’akkadah[The act that the prophet s.a.w performed regularly & is highly [The act that the prophet s.a.w performed regularly & is highly recommended for the Muslims to enjoined them constantly. recommended for the Muslims to enjoined them constantly. Omitting such action is very much disliked but not a sin]Omitting such action is very much disliked but not a sin]

b. b. Sunnah ghayr Mu’akkadahSunnah ghayr Mu’akkadah[The act that the Prophet s.a.w. often performed and sometime [The act that the Prophet s.a.w. often performed and sometime omit without excuse. Omission of such action is not a sin] omit without excuse. Omission of such action is not a sin]

AL-SUNNAH AL-SUNNAH [Recommended Acts][Recommended Acts]

An act that is prohibited by a decisive evidence from al-Qur’an An act that is prohibited by a decisive evidence from al-Qur’an or al-Sunnah. Committing such an act is punished and or al-Sunnah. Committing such an act is punished and omission is rewarded. Its denial amounts to disbelief.omission is rewarded. Its denial amounts to disbelief.

Example: Taking liquor. Example: Taking liquor.

AL-HARAM AL-HARAM [Prohibited, Unlawful][Prohibited, Unlawful]

Al-MakruhAl-Makruh

[[AbominableAbominable, Undesirable], Undesirable]

The act whose omission is preferable and highly recommended.The act whose omission is preferable and highly recommended.

Example:Example:

Consumption of certain kind of food like those which give Consumption of certain kind of food like those which give bad odorbad odor

MubahMubah[Permissible][Permissible]

Jaiz or HalalJaiz or Halal

An act whose both commission and omission neither merits any An act whose both commission and omission neither merits any reward nor entail any punishment.reward nor entail any punishment.

THE FLEXIBILITY OF FIQHTHE FLEXIBILITY OF FIQH

There are two kinds of Fiqh rulingsThere are two kinds of Fiqh rulings::

a. The fixed rulings.a. The fixed rulings.

b. The changeable rulings.b. The changeable rulings.

Fixed RulingsFixed Rulings

The rulings that was deduced from the decisive evidenceThe rulings that was deduced from the decisive evidence

[Decisive evidences or al-adillah al-qat’iyyah[Decisive evidences or al-adillah al-qat’iyyah are the rulings are the rulings that is stated clearly in the text and is not subject to the that is stated clearly in the text and is not subject to the different interpretations of the jurists]different interpretations of the jurists]

This kind of rulings cannot be changed according to the change of This kind of rulings cannot be changed according to the change of time and place or circumstances. time and place or circumstances.

E.g.: al-’Ibadat )rituals(, Inheritance.E.g.: al-’Ibadat )rituals(, Inheritance.

Some jurists view that this division of fiqh is also understood as Some jurists view that this division of fiqh is also understood as shariah. Hanafi called this type as fiqh al-akbar )bigger fiqh(shariah. Hanafi called this type as fiqh al-akbar )bigger fiqh(

The ChangeableThe Changeable

The rulings that is deduced by the scholars from their The rulings that is deduced by the scholars from their understanding and interpretations of the text of al-Qur’an or understanding and interpretations of the text of al-Qur’an or Sunnah and from other various sources of Islamic law such as Sunnah and from other various sources of Islamic law such as juristic preference )al-istihsan(, consideration of public interest juristic preference )al-istihsan(, consideration of public interest )masalih al-mursalah(, presumption of continuity )al-istishab(, )masalih al-mursalah(, presumption of continuity )al-istishab(, custom )‘urf( and others.custom )‘urf( and others.

This kind of ruling depends largely on the ability of the jurists to This kind of ruling depends largely on the ability of the jurists to utilize the power of reasoning in deciding a certain Fiqh utilize the power of reasoning in deciding a certain Fiqh issues. In fact, most of the rulings of Fiqh particularly the issues. In fact, most of the rulings of Fiqh particularly the rulings related to mu’amalah falls under this category and they rulings related to mu’amalah falls under this category and they are flexible and subject to be changed according to the are flexible and subject to be changed according to the changes of time, place and circumstances.changes of time, place and circumstances.

Hanafi called this kind of fiqh as fiqh al-ashraq )smaller fiqh(Hanafi called this kind of fiqh as fiqh al-ashraq )smaller fiqh(

- Usul means roots, foundations or origins.- Fiqh means the knowledge of Islamic rules related to human actions that deduced from their legal sources.

- Usul al-Fiqh is the science or knowledge that explains the indications and methods by which the Islamic rules are deduced from their legal sources.

Details of usul al-fiqh shall be discussed during our discussion in introduction to usul al-fiqh.

Usul al-Fiqh: