Chapter 3 Flashcards
Definition of Shariah
-linguistically means straight path/ religious teaching (manhaj) by some scholars
-terminology, means any ruling revealed to Rasulullah SAW which consists of the laws in the Qur’an and al-Sunnah, which relate to the field of
Features of Shariah
1.Rabbaniah
2.Syumuliah
3.Thabat wa murunah
4.’Alamiah
5.Waqi’iyyah
Rabbaniah meaning
Revelation from Allah SWT
-shariah is set of laws and a moral system determined by Allah SWT
-free from all weaknesses such as injustice and oppression
- protected and has been refined by Allah.
Syumuliah
-Comprehensive
-Islam is a way of life
-The knowledge and teachings of Islam are very broad and cover all
matters of human life.
-The content of Islam is so comprehensive because there is no answer will not be found in it.
-It covers everything from the smallest issues to the bigger ones
Thabat Wa Murunah
-Permenant and Change
-The evidence (dalil) is fixed but the interpretation is variable as long as
within the Islamic discipline.
-Since the worldly matters are always changing, it is important the mujtahid to perform ijtihad from time to time using the Shariah sources.
-Therefore, the principle in these sources remains the same, but the branches of knowledge (furu’iyyat) are always variable and flexible
‘Alamiah
-Universal
-Islamic Sharia naturally transcends boundaries of color, race, and geography.
-It has never been irrelevant and has always been suitable for use in human life forever.
-People from each corner of the world do not facing a problem in implementing Shariah
Waqi’Iyyah
-Realistic and Practical
-Islam is not only a visionary and idealistic system, but it is very practical.
-When Islam came to the people of Arab, almost all nonsense deeds and practices were replaced by better value and attitude.
-The development of Islamic civilization also stems from the acceptance of non-Muslims to its teachings which are practical in nature.
Purpose of Shariah
Maqasid Shariah
-refers to the meaning of‘objective of Shariah’ which
carries a meaning based on actual statements or facts.
3 purpose of Shariah
-Tahsiniyah
-Hajiah
-Daruriyah
Maslahah Daruriyah
-stand for protection of necessities
-5 primary purposes of Shariah by Imam Al-Shatibi
- Preservation of the religion of faith
- Preservation of life or self
- Preservation of the mind or intellect
- Preservation of the progeny/dignity
- Preservation of property 1. Preservation of the religion of faith
- Preservation of life or self
- Preservation of the mind or intellect
- Preservation of the progeny/dignity
- Preservation of property
Maslahah Hajiyah
-Hajiyah stand to take care of the needs towards a better life and provide convenience in case of difficulties.
-It eases difficulties and eliminate or reduce hardship in people’s lives.
-Example: to own a vehicle for transportation or to have more shirt
Maslahah Tahsiniyah
-Tahsiniyah pertain to all the laws of Shariah that stand for provision for betterment in life.
-It is improving the quality of human life, human conduct and morals.
-Example: have an expensive and a very good car for transportation or buy a branded shirt for its high quality.
Fiqh Knowledge meaning
-defined as al-fahmu (الفهم) which means understanding.
-Technically, it refers to the sciences of derived practical legal rules relating to human conduct, as acquired from the sources of Shariah.
-Besides, anyone who was knowledgeable in matters of religion, was called faqih
Five Law of Fiqh
-Wajib/ Fard
-Mandub (Sunat)
-Mubah (Harus)
-Makruh
-Haram
Wajib/Fard meaning
An obligatory act, with failure to perform it being sinful
Mandub
Actions that are not required by law but are considered to are meritorious and will be rewarded
Mubah
-Translated as permitted.
-The acts where it is left up to the liable person whether or not to perform them.