Transcript Islamic Law summary from the Khulafa Rasyidin Period

Islamic Law summary from
the Khulafa Rasyidin Period
 The
Urgency of Khulafa/Khalifah: To replace the
position that was previously held by prophet
Mohammad as a Leader of Nation/ Islamic clan.
 The
Legal Basic that enable the word Khalifah to be
used and to support the urgency of its appearance:
 The main duties of a Khalifah:
- To maintain the unity of followers
-
& defense of
the state
To maintain security and borderline of the
country
INTERNATIONAL CLASS-FHUI
To declare a war
- To inspect the justice and order
- To organize the nation’s departments to
operate well according to Alquran
- To pull taxes for the state’s source of
income
- To solve disputes inter alia the society and
act as a just judge
- To operate as “the executive” in the trias
politica system
-
INTERNATIONAL CLASS-FHUI

The inauguration/appointment of a Khalifah could be done
either by the society’s consensus, or by the appointment of
previous Khalifah, or by election that is held by electoral
college.

There are 4 Khalifah in this period of Khulafa Rasyidin: Abu
Bakar Siddiq , Umar bin Khatab, Usman, Ali bin Abitholib.

During Abu Bakar Siddiq period, he taught some important
values to Islamic followers:
-
His inauguration speech : “ I’ve been chosen as your Khalifah,
the head of state, however, I’m not the greatest among all of
you. Therefore, if I do the right and proper action, please follow
and help me. Since, declaring the truth is a message, whereas
covering the truth to the people is betrayal. Follow my
directions as long as if those follow God’s & His Prophet’s will.
If, my directions show otherwise, you shall have the right for
INTERNATIONAL CLASS-FHUI
disobedience, and I shall not demand your obedience.”
-
The 2nd nobility: His temper in solving the legal problems that arise in the society
(legal finding process), at first, he found it from the Holy Quran, if there is none
provision that regulates such problem, then He seek it from the Sunnah, if it
remains unclear, then he asked advice from the People’s Assembly (now:
Congress/Senate ) to gather their interpretation (itjihad) which is called ijmak.
-
The 3rd nobility: The compilation of Quran to be systematically arranged and
proved for authenticity.
INTERNATIONAL CLASS-FHUI

During Umar period, He made notable achievements,
which are essential to Islamic development:
- He spread and expand the teaching of Islam
- He invented the Moslem Lunar calendar, called Hijria
- To accustom the habit of doing Shalat Tarawih (prayer)
during Ramadhan period
- His skills of diplomacy for asking consent from the
Jews and Christians, although he is not required to do
so
- He Reformed 4 points of human rights in Islam:
The third-degree-talaq that is mentioned by a
husband to his wife, will bring consequences of a
permanent divorce without the opportunity to
reunite again. Such rule was mentioned to prevent
the violation of woman’s right by inappropriate use
of talaq rights on man’s side.
INTERNATIONAL CLASS-FHUI
Endowment (Zakat) for the new follower of Islam (muallaf)
should be discontinued, since Islam was already strong at
Umar’s period.
Abolition of hands mutilation as a sanction of pillage &
robbery criminal actions. This is because at that time there
was a great famine that threatened the life of citizens. And
in the emergency period, imposing of such provision should
be derogated /suspended.
The prohibition of marriage between the non-Muslim and
the Muslims. This was done to protect the secret of the
nation from being revealed to the hands of enemy (spies).
-
He suggested that a Judge shall not refuse the case if
such solvency can’t be found on the Quran or Sunnah,
instead use the order of precedence from past Judge
decisions . And both party in a dispute should have
equal position before the law. And Judge decision
must not against the Quran or Sunnah.
INTERNATIONAL CLASS-FHUI
 After
the Electoral committee has chose Usman
as the new Khalifah, replacing the deceased
Umar, the development of Islam start to slug, this
is happened caused by the growing culture of
corruption, collusion and nepotism (done by
Usman’s family, by using the old Usman as a
puppet leader). In this period, there is only sole
 notable
achievement: the Holy Quran
standardization. Standardization was necessary to
be done because Islam was spreaded across
nations & hemisphere, thus may create different
interpretations of the Quran & Sunnah mainly due
to the distinction of cultures & background of
ethnicity. The standardization is
divided/systemized to 5 mushaf.
INTERNATIONAL CLASS-FHUI
 At
the tip of this period, Ali bin Abithalib was
appointed by a group of noblemen. At this time
Islamic unity was divided and havoc can’t be
overhauled. The cause of separation is mainly
caused by tension upon debate on who should be
in charge of the nation. Then those who are
faithful to Ali, become known as the Syiah, while
the rest (the majority who follows the Quran &
pure sunnah) become known as the Sunnis from
that moment.
INTERNATIONAL CLASS-FHUI