[Slideshare] fiqh-course #3-(feb-2013-batch)-maqasid shariah(27-february-2013)

IN THE NAME OF ALLAH,
MOST COMPASSIONATE,
MOST MERCIFUL. “INTRODUCTION TO THE
STUDY OF FIQH ”
Intermediate Level Islamic course in English for Adults
conducted by Ustaz Zhulkeflee Hj Ismail

LESSON # 3 –
WHAT IS SHARI-’AH ?
ITS SOURCES, AIMS AND PURPOSE

And say: O Lord! Increase for me my knowledge

Using text & curriculum he has developed especially for
Muslim converts and young Adult English-speaking Muslims.

“To seek knowledge is obligatory upon every Muslim (male & female)”

UPDATED – 27 February 2013

All Rights Reserved © Zhulkeflee Hj Ismail (2013)
)

AMONGST THEM WHICH IS RELEVANT TODAY

 Always remember to always comply with ADAB of a student, and
ADAB towards all teachers.
 As we may have to re-learn or even unlearn, be patient especially
when new ‘revelation’ seem to negate (or even refute) what you
may already know. As students our ‘ego’ had to firstly be put in
their place, before it can be deserving of clarification and
illumination.
 How you are learning and being taught (method) is unique for
yourself, not a template to be applied for others .
)


 Remember as student, you must resist the tendency to teach
others – what more to be the judge of others.
 Instead, resist it by making DU’A for them. As for yourself, this
DZIKR sufficient:
There is no power nor strength except with Allah The Most High, the Most
Esteem.
 Avoid platforms and gatherings that incite most JIDAL
(acrimonious argumentations) regarding HUKUM. It is difficult to
remain humble, yet, as a student patience and humility are very
crucial lest your knowledge gained may become, not only
unbeneficial ,but harmful.
)


 Always be wary of your own ego. ADAB is to be acted upon, not
something to be discussed. To try to impress and convince others
as to what should be ADAB or not to those who are heedless and
ignorant, itself may actually be contrary to ADAB.
 Be careful of negative emotions, especially of ‘ anger’ towards
others for this may indicate arrogance. Ask yourself honestly “ why
am I angry at him or her?” If there is no SHAR’IE (valid) reason,
then be angry at your own ‘anger’.

)

TO CONTINUE ON …

)

“Then We put you, [O Muhammad], on an ordained
way (SHARI-’ATIN) concerning the matter [of
religion]; so follow it and do not follow the
inclinations of those who do not know.―”
(Qur’an: Ja-thiyah: 45: 18)

)

AS-SHARI-’AH :
The Revealed Law, or Canonical Law of Islam.

)

- Path to be followed,

- Source of water, drinking place, approach
to a watering hole,

)

- sail,

- tent,

)

- lawfulness, legality, legitimacy

)

- From these meanings of the root word, we can understand
that for Muslims, SHARI-’AH is the path to be followed, not
only leading to Allah, the Most High, but the path believed
by Muslims to be the path shown by Allah, the Creator
Himself through the Messenger Muhammad s.a.a.w. , the
Divinely approved path, a total way of living leading
ultimately to the Eternal Life.

)

“Guide us upon the straight way (SWIRAT). The way of those on
whom Thou hast bestowed Thy Grace (NI’MAH), Those whose
(portion) is not wrath (GHADB) and who go not astray (DWALL).”
(Qur’an: al-Fatihah: 1: 6-7)

)

O ye who believe! put not yourselves forward before Allah
and His Messenger: but (be conscious of and) fear Allah: for
Allah is He who hears and knows all things.
(Qur’an: Hujurat: 49: 1)

)

“It is not fitting for a Believer, man or woman, when a
matter has been decided by Allah and His Messenger,
to have any option about their decision: if anyone
disobeys Allah and His Messenger he is indeed on a
clearly wrong Path.”

(Qur’an: Ahzab: 33: 36)

)

“And We sent down the Book to thee (O Muhammad)
for the express purpose that thou shouldst make clear
to them those things in which they differ, and that it
should be a guide and a mercy to those who believe.”

(Qur’an: An-Nahlu: 16: 64)

)

“Alif Lam Ra. A Book which We have revealed unto
thee (O Muhammad) in order that thou mightest lead
mankind out of the depths of darkness into light― by
the leave of their Lord― to the Way of (Him) Exalted in
Power, Worthy of all Praise!”

(Qur’an: Ibrahim: 14: 1)

)

“And this (He commands): Judge thou between them
by what Allah hath revealed and follow not their vain
desires, but beware of them lest they beguile thee
from any of that (teaching) which Allah hath sent
down to thee. And if they turn away, be assured that
for some of their crimes it is Allah's purpose to punish
them. And truly most men are rebellious.”

(Qur’an: Maa-idah: 5: 49)

)

“O Messenger! proclaim the (Message) which hath been
sent to thee from thy Lord. If thou didst not thou
wouldst not have fulfilled and proclaimed His Mission:
and Allah will defend thee from men (who mean
mischief). For Allah guides not those who reject Faith.”

(Qur’an: Maa-idah: 5: 67)

)

“O ye who believe! Obey Allah and obey the Messenger
and (ULIL-’AMRI MINKUM) those charged with authority
among you. If ye differ in anything among yourselves,
refer it to Allah and His Messenger if ye do believe in
Allah and the Last Day: that is best, and most suitable for
final determination.”

(Qur’an: An-Nisa’: 4: 59)

)

“And I leave behind me for you all, for clarifying in your
affairs (of this religion), whosoever holdfast to them shall
never be led astray – (these are) the Book of Allah and
the Sunnah (Way or tradition) of His Messenger.”
(From Sermon reported by Ibnu Hisham in his “Seerah” )
)

“(Honour) My successors (Khulafa’), may Allah s.w.t.
be Merciful towards them!.”

He was asked: “Who are your successors (Khulafa’)
O Messenger of Allah?”

And he said:

“They are those who revive my Sunnah (the Way or
traditions) and teaches them to the servants of
Allah.”

(Hadith of the Prophet s.a.w.)
)

“Whomsoever that Allah wishes for him goodness, He will
make him a FAQIH (learned) in matters of the religion(Deen);
and for everything there is a pillar, and the pillar of this
religion is AL-FIQH – (the profound understanding of the
Deen); a learned scholar (of the Deen) is more difficult upon
Satan than a thousand worshippers.”

(Reported by Bukhary and Muslim)

)

 From Allah SWT and His Messenger Muhammad s.a.a.w. are the
SHARI’AH is to be derived - the primary sources.
 Thus the legacy for this is contained within two important
corpuses – the QUR’AN and AS-SUNNAH – which have always
been unanimously acknowledged by every Muslims since the
Prophetic era, meticulously collected, checked for its
authenticity, applied in practice which thus expanded the
wisdom of the UMMAH with juristic precedence, and faithfully
preserved until today.

)

 Yet, extracting the rulings and guidance from these require one who
is competent, possessing adequate knowledge and proficiency in the
Arabic language (classical); the relevant sciences of the QUR’AN; the
sciences of AHADITH; the principles of Jurisprudence (USUL AL-
FIQH), etc.
 For those not competent, they have to rely upon those specialised
and qualified to do, what is technically referred to as, ISTINBAT (the
ability to extract and codify rulings from these primary sources).

)

 These scholars are called “MUJTAHIDUN” – from the verb (word)
IJTIHAD – “exertion” of a scholar in extracting a ruling from the
primary sources.
 The significance is that such rulings are called “ FIQH” – which mean
“understanding of ” – and not the “SHARI’AH “ itself .
 The use of the term by the early MUJTAHIDUN refers to their
understanding of the DEEN, which are generally categorised into
USULIYYAH -I’TIQODIYAH (Principles-Belief), FURU’IYAH-
‘AMALIYAH (Branch – Practices).

)

 As regards rules derived by the scholarly “exertion” IJTIHAD, we
affixed the name of the scholar’s who made them. Thus we say
“FIQH AS-SHAFI-’IE” or “FIQH AL-HANAFI” etc. meaning “(the
SHARI’AH rulings from the) understanding of Imam As-Shafi-’ie or
of Imam Abu Hanifa” respectively.
 This fact is important to be appreciated by followers of whichever
MADZHAB today, to avert ignorant fanatics amongst them claiming
exclusivity, that theirs is the only right interpretation, while those
who differ from them are deviant.

)

 Also, what this means is that these rulings are a particular scholar’s
best understanding of the SHARI’AH to a given matter, which imply
that SHARI’AH itself remaining open to other possible
interpretations, by other qualified MUJTAHID , as in other time and
or in other circumstances.
 Also to note, there are already enough principles and rulings
unanimously and universally upheld by Islamic scholars in Qur’an and
Ahadith, clear and unequivocal, preserved and continually referred
to, in these primary sources and cannot be reinterpreted by IJTIHAD.
This agreement is termed IJMA’.

)

 But this is not a totally rigid legal system for there are also
inherent flexibility too within the SHARI’AH , especially
regarding its implementations with many provisos and
guidelines – ensuring it remains relevant and dynamic.
 Ample and adequate areas are left open for scholars to seek out
a specific rulings, or for rules of exceptions to be invoked due to
new and extenuating circumstances etc. – by applying well-
established and universally accepted general principles . These
usually pertains to secondary matters or involving matters of
specifics and details.

)

 Here is where IKHTILAF (differences) usually occur, which is to be
expected and tolerated as long is it is from a valid interpretation.
What Islamic scholars are vigilant of is when an interpretation is a
deviancy or an obvious error (opposed to unanimously accepted
established principles ) – which are to be corrected.
 An Islamic scholars role is not merely to pronounce a ruling, but to
guide the community upon the right guidance which SHARI’AH was
meant for.

)

 And the purpose of AD-DEEN AL-ISLAM especially the SHARI’AH
established by our Prophet s.a.a.w. which has been perfected
(“KAAMIL”) – therefore needing no more revision, is to bring
solution not problems; it relieves mankind of hardship not
accentuating nor condoning them; seeking to uphold Justice as
well as spreading Mercy ; it is neither too rigid nor too relaxed;
firm upon principles yet not stifling but tolerant; etc. in other
words – “just, balanced, the middle path, equilibrium etc. –”
from the Qur’anic term “WASOTIYYAH”.

)

“This day have those who reject Faith given up all
hope of your religion: yet fear them not but fear Me.

This day have I perfected your religion for you,
completed my favour upon you, and have chosen for
you ‘AI-slam’ as your religion.”
(Qur’an: al-Maa-idah: 5: 3)

)

“And thus have We willed you to be a community
of the middle way (ummatan wasotan) [i.e. justly
balanced], so that [with your lives] you might
bear witness to the truth before all mankind
(shuhadaa-a ‘alan-naas) , and the Messenger as a
witness over you.“
(Qur’an: al- Baqarah: 2:143)

)

 The primary concern of the Shari’ah can be summed
up, generally as :

“(towards ensuring a better life by)
providing “maslahat ” (benefits)
and the removal of “mafsadah ” (harm) for mankind.”

)

 Thus the Shari’ah laws are there to firstly preserve the basic
rights :

 Dharuriyyah: “the essential rights of mankind.”

This can be said to be Islam’s stipulations of basic human rights -
which the purpose of any legislative philosophy should uphold.
Yet, because Shari’ah is based on Divinely revealed principles ,
clearly established and documented, it cannot be repealed
anymore, like the man made legislative system.
)

Dharuriyyah: the essential rights of mankind.

 The five important essentials (human rights) which it seeks to
preserve are:

1. right of religion,

2. right to life,

3. right to proper use of the intellect,

4. right to ownership of property,

5. right of progeny (including preservation of honour and
dignity).

)

Haa-jiat: the needs of mankind.

 Not only does the Shari’ah laws are there to preserve these basic
rights, it goes even beyond mere essentials but includes catering to
related human needs (Haa-jiat) :

 Haa-jiat : “the needs of mankind.”

The needs are those requirements attached to the essential rights
as mentioned above. Thus, it provides a wide and dynamic scope
for jurists to extend and include considerations for changing
circumstances of human life.

)

Tahsiniyyat: the perfection in well-being.

Not merely the essential and needs, the Shari’ah even strive
towards the ultimate betterment, termed:
 Tahsiniyyat : the perfection of mankind’s well-being.

The perfection of man’s life are those which society is
enjoined by Islam to aspire to, which can be summed up
into two broad categories:
MAKARIM AL-AKHLAQ
MAHAASIN AL-’AADAH

)

MAKARIM AL-AKHLAQ:
“the nobility of character of citizens”

 As the aim in legislation is to ensure well-being of society,
Islam’s fundamental focus is also towards the actualizing the
goodness in man through: ISLAH ‘reform’ or ‘rehabilitation’ of
its citizen towards noble ethical virtues, without which the
‘goodness’ of any law would be worthless - as it can never be
manifested in society.

)

MAKARIM AL-AKHLAQ:

 Thus, the educative (element) of the Prophet’s implementation
of Shari’ah upon the citizens must never be overlooked, lest it
become dry legalism - enforcement lacking compassion and
autocratic – which is opposed to how the Prophet Muhammad
s.a.a.w. had taught and had successfully established (SUNNAH)
to the first generation amongst our pious predecessors . Allah
SWT recorded praises regarding his exemplary approach:

)

MAKARIM AL-AKHLAQ:

)

MAKARIM AL-AKHLAQ:

“It is part of the Mercy of Allah that thou dost deal
gently with them. Wert thou severe or harsh-hearted
they would have broken away from about thee; so pass
over (their faults), and ask for (Allah's) forgiveness for
them; and consult them in affairs (of moment). Then
when thou hast taken a decision, put thy trust in Allah.
For Allah loves those who put their trust (in Him).”
(Qur’an: Aali ‘Imran: 3:159)

)

MAKARIM AL-AKHLAQ:

“Ye are the best of peoples, evolved for mankind,
enjoining what is right, forbidding what is wrong,
and believing in Allah.”

(Qur’an: Aali ‘Imran: 3: 110)
)

MAKARIM AL-AKHLAQ:

''Verily, in the Messenger of Allah (Muhammad) you have a
good example for everyone who looks forward (with hopes
and awes) to Allah and the Last Day, and remembers Allah
unceasingly''.

(Qur'an: Al Ahzab 33:21)
)

MAKARIM AL-AKHLAQ:

“And thou (Muhammad) standest on an exalted
standard of character.”

(Qur’an: al-Qalam: 68:4)

)

MAKARIM AL-AKHLAQ:
Prophet Muhammad s.a.w. said:

“Verily I have not been raised (as a Prophet) except

to perfect the noble nature (AKHLAQ) of mankind''.

)

MAHASIN-AL-’AADAH:
“perfecting customs or life-style”

 As to these (perfecting life-style and customs by making available
all that which benefits society) – the Shari’ah must aim to affect
positively to the customs and life-style in others based upon
universal moral value inherent in all religion or humane , so that
life can be an expression of praising and glorification of God.

)


 The right or freedom to choose religion being upheld, does not
prevent positive interaction amongst various people of different
race or religion to be done. Islamic Da’wah (call, invitation or
propagation) is most effectively done , by providing a practical
examples. Even if others do not accept to embrace Islam, it wish
to share the universal human morality inherent in people so
that life becomes better if not the best.

)


“There is no compulsion in religion. Verily, the Right
Path has become distinct from the wrong path.”
(Qur’an: Baqarah: 2: 256)

)


)


“Allah commands justice, the doing of good, and the giving
to kith and kin (their dues), and He forbids all shameful
deeds, and injustice and rebellion: He instructs you, that ye
may receive admonition.”
(Qur’an: Nahlu: 16: 90)

)


“So set thou thy face steadily and truly to the faith:
(establish) Allah's handiwork according to the pattern on
which He has made mankind: no change (let there be) in the
work (wrought) by Allah: that is the standard Religion: but
most among mankind understand not.”
(Qur’an: Rum: 30: 30)

)


“And thus have We willed you to be a community of the
middle way (ummatan wasotan) [i.e. justly balanced], so
that [with your lives] you might bear witness to the truth
before all mankind (shuhadaa-a ‘alan-naas) , and the
Messenger as a witness over you.“
(Qur’an: al- Baqarah: 2:143)

)


“Ye are the best of peoples, evolved for mankind, enjoining what
is right, forbidding what is wrong, and believing in Allah.

If only the People of the Book had faith it were best for them;
among them are some who have faith, but most of them are
perverted transgressors. “
(Qur’an: Aali ’Imran: 3: 110)

)

“O you who have believed, do not betray Allah
and the Messenger or betray your trusts
(AMANAH) while you know [the consequence].”
(Qur’an: Surah al-Anfal: 8: 27)

AND ALLAH KNOWS BEST

)

TO BE CONTINUED

)

All welcome to visit my web-blog:

http://an-naseehah.blogspot.com/

http://introductiontotauhid.blogspot.com/

http://oyoubelievers.blogspot.com/

http://al-amthaal.blogspot.com/

http://zhulkeflee-archive.blogspot.com/

http://criteriaforaholybook-quran.blogspot.com/

http://with-the-truthful.blogspot.com/

http ://muqaddam-nurul.blogspot.com/

)

[Slideshare] fiqh-course #3-(feb-2013-batch)-maqasid shariah(27-february-2013)

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