Transcript The Characteristics of Islamic law

The Characteristics and
the Main Objectives of
Islamic law
By: Dr.Gemala Dewi, SH., LL.M
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The Structure of Islamic Law
ISLAM
AQEEDA
SHARIA
MUAMALAH
IBADAH
LAW
ECONOMI
SOCIAL
POLITIC
EDUCATION, & ETC.
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AKHLAQ
LAW
Marriage Law (Munakahat)
Inheritance Law (Wirasah)
Contract & Property Law (Muamalat)
Criminal Law (Jinayat)
Constitusional Law (Al Ahkam As Sulthaniyah)
Internasional Law (Siyar)
Procedural Law (Mukhasamat)
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The Characteristics
• 1. As Part and based on Islamic Teachings
• 2. Has a close relations with Iman and
Akhlaq
• 3. Has two main terms: Syariah and Fiqh
• 4. Consist of two major field:
- Ibadah and
- muamalah.
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The Framework of Islamic Religion
Confidence turned
Kalam Science
AQIDAH
The Creed or faith that
becomes the guide of life
principles of
Ibadah
of every adherent of Islam
ISLAMIC
RELIGION
governs relations between
SHARIAHRelationship with God
Science of Fiqh
A set of divine norms that
Muamalah
Principles
Human and nature
Relationship with
Human & nature
AKHLAQ
Human behaviour toward God
and other human and nature
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Tasawuf
Science
The Characteristics
5. Stratified structures: Al-Qur’an, As -Sunnah, Ijtihad
and applications (in court or in muslims activities)
6. Make priority to obligations than rights.
7. Can be divided into Taklifi norms and Wadh’i norms
(cause, condition and obstruction)
8. Universal
9. Comprehensiveness.
10. The applications of the law is motivated by akidah
and akhlaq
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HUMAN RIGHTS
• Universally defined as:
A set of rights attached to / inherent in humans,
because he is human, it can not live without this
right as a human.
• According to Article 1 of Law no. 39/1999 about
Human Rights is: a set of rights attached to nature
and human existence as a creature of God Almighty
and it is a gift that must be respected, upheld and
protected by the state, law, government and
everyone for the honor and protection of human
dignity.
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Islamic Law and Human rights
• Human rights in the study of Islamic theocentric
view. This is different from other human rights
which have anthropocentric view
Organization of the Islamic Conference (OIC) issued
in the 1990 Cairo Declaration on Human Rights in
Islam which states the right to life, property rights,
right to dignity, right to education, right in the
family, right to equality, rights protection, etc. all of
which must based on the provisions of Shari'ah.
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Islamic Law and Human rights
According to Islam, human rights are not only emphasize on human
rights alone, but also based on the human obligation to serve God the
creator.
Rights and obligations of human beings since humans have been
conveyed through His revelation.
Thus the concept of human rights is not the result of evolution of human
thought, but from divine revelation.
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The Objectives of Islamic Law
• From the view of the law Maker (Allah): to prepare the primary
(daruriyyah), secondary (hajiyyah) and tertiary (tahsiniyyah) necessities
of human beings and to be obeyed by humans as His servants. Whereas
from the view of the subject of the Law (humans) is to gain the
prosperity in the world and happiness in the hereafter.
• According to Abu Ishaq Asy-Syatibi the main objectives (daruriyyah)
necessties consist of 5 (five) things as called “Al-Maqasid Al-Khamsah”.
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The Main Objectives
• Al Maqasid Al Shari’ah (Abu Ishaq al Shatibi)
The primary (daruriyat) aims is to preserve:
Keeping Religion
Maintaining Soul
Maintaining Intellect
Maintaining Descendants
Maintain Property
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Human interests are primary / Darruriyat include
Maintenance in:
1. Religion, is the first goal of Islamic law because religion is a guideline of human
life, and in the religious creed of Islam other than the component parts of a
creed and moral life of every Muslim who is a Muslim way of life, there are also
Islamic way of life which is a Muslim with his God & in touch with other human
& objects in the community.
2. Soul, is the second objective of Islamic law, Islamic law therefore required to
maintain the people's rights to life and for humans to sustain life.thus Islamic
law forbids murder (Q 17:33).
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3. Intellect, is necessitated by Islamic law,
because by Used human minds can think
about God, the universe and himself, to
develop science and technology.And to
maintain the sense that Islamic law
forbids any person to drink intoxicating
beverages; called Khamar (Q 5:90).
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4. Descendants, for pureness Blood can be maintained
and the continuation of mankind can be continued, This
is reflected in the blood relationship that a requirement
to be able to inherit each other (Qs: 4:11), Prohibitionmarriage ban (Q 4:23), and the prohibition of adultery
(Qs 17:32). Law of kinship and inheritance laws of Islam
are specially created by God to preserve the purity of
blood and public descent.
5. Property, according to the teachings of Islam is God's
gift to humans, for humans to sustain life.Therefore,
Islamic law protects people's rights to acquire property
in ways that lawful and legitimate and protect the
interests of one's wealth, society and state, instance of
fraud (Q 4:29), Embezzlement (Q 4:58), Deprivation (Q
5:33)
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•Thank You
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