Transcript Shariah

Introduction to Shariah, Fiqh
Anas Budiharjo, M.Sc
[email protected]
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 (alahkam) 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.
FEATURES OF SHARIAH
•
Rabbaniyyah (divine)
•
Reward in the world and hereafter
•
‘Alamiyyah and umumiyyah (universal)
•
Permanent
•
Syumul (complete)
FIQH
Definition of 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
Cont.
• From linguistic aspect.
• The word of fiqh has been used in the Quran in
various occasions:
.)91 :11 :‫• (قالوا يا شعيب ما نفقه كثيرا مما تقول) (هود‬
• (They said: O shu'ayb, we do not understand much of
what you say) (11: 91)
• And the prophet (pbuh)
‫• من يرد هللا به خيرا يفقهه في الدين‬
• 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”.
.‫• معرفة األحكام الشرعية العملية المكتسبة من أدلتها التفصيلية‬
• 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 honey
3: 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.
• ‫الجوارح ـ القلب ـ اللسان‬
• 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
‫معرفة النفس ما لها وما عليها‬
• 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 & Shariah
Fiqh is the absolute
Understanding
Mutlaq al fahm.
Shariah refers to the road to the
watering place, the straight path
to be followed
Literal
Literal
Fiqh
Technical
The knowledge of the legal rules
(Al Ahkam Al Shariyyah), pertaining
to conduct that have been derived
from their specific evidences
Shariah
Technical
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
Believe – faith
Ethic - Aklak
Fiqh - Islamic Law
Believe – faith
Ethic - Aklak
Fiqh – Islamic law
Shariah
Major components
Believe – faith
Ethic - Aklak
Shariah
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.
‫• العلم بالقواعد التي يتوصل بها إلى استنباط األحكام الشرعية الفرعية عن‬
.‫أدلتها التفصيلية‬
• 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.
Producing
Islamic law
Providing
rules to faqih
Producing
rules and
principles
Fiqh
Faqih
Process
Of Ijtihad
Usul Fiqh
Usuli
Main sources
Quran & Sunnah and other Islamic
sources
Usuli (legal theorist
Produce rules of
interpretation
individual sources
Process of Ijtihad
Rule of interpretation
Faqih
By applying the rules of
interpretation
specific evidences (individual)
Verses & Hadith
Rule of interpretation:
• Quran, Sunnah and
other sources.
•Rules of command and
prohibitions.
• Textual implications
(dalalat al al fad)
Produce Fiqh (Islamic Law)
Process of Ijtihad
Islamic Law
Fiqh
Process
Of Ijtihad
Usul Fiqh
Jurist
Producing rules
and principles
Usuli
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 are used to indicate same concept in general
Except Islamic jurisprudence
Islam
Shariah
Fiqh
Islamic Law
Thank You
Q&A