Shari'a Flashcards
Explain the Islamic law (fiqh) as an interpretive effort (ijtihad)
(The Shari’a in practice)
Taqlid means means to follow a mujtahid in religious laws and commandment as he has derived them. A mujtahid is a person who is an expert of Islamic jurisprudence (fiqh).
In Islamic terms, Fiqh is making rulings and judgements from evidence found in the Shariah, that is, the Quran and Sunnah, and from consensus of Islamic scholars. For example, smoking cigarettes is not expressly forbidden in either the Quran or Sunnah. However, when it was discovered that smoking cigarettes can be deadly, Muslim scholars ruled that cigarettes are forbidden in Islam. Islamic scholars came to this ruling based on evidence in the Quran. “Oh you who have believed, do not consume one another’s wealth unjustly but only [in lawful] business by mutual consent. And do not kill yourselves. Indeed, Allah is to you ever Merciful” (4:29).
In Islamic law the use of individual reasoning in general is called Ijtihad. In its Islamic and technical legal connotation, it denotes the thorough exertion of the jurist’s mental faculty in finding a solution for a case of law.
Ijtihad does not arise in respect of matters that have already been dealt with in the Qur’an and the Traditions. However, sometimes, there occur in situations which have been left undetermined by the first two sources, when jurists are called upon to make use of Ijtihad and determine laws applicable to them, or formulate new ones if necessary, in the light of the fundamental principles of Islamic jurisprudence and legislation.
Explain legal analogy (Qiyas)
Ijtihad in practice
Legal analogy is a powerful tool to derive rulings for new matters. For example, drugs have been deemed impermissible, through legal analogy from the prohibition of alcohol that is established in the Qur’an. Such a ruling is based on the common underlying effective cause of intoxication.
Legal analogy and its various tools enables the jurists to understand the underlying reasons and causes for the rulings of the Qur’an and Prophetic example (sunna). This helps when dealing with ever-changing human situations and allows for new rulings to be applied most suitably and consistently.
What is alcohol in terms of Islam?
The Arabic word ‘Khamr’ signifies any drink which causes intoxication.
Alcohol can result in a breakdown of health, mentality, family, religion and etc.
The Arabs during the period of Jahiliyyah were very fond of wine and drinking in parties. To eradicate this pervasive evil from society, Allah adopted a wise course of education and training, prohibiting it in measured stages. Firstly, He made it clear to them that the harm of drinking wine is greater than its benefits; next, He told them not to come to Salat while intoxicated; and finally he explained to them Alcohol encourages us to stay astray from Islam, such as missing Salat and not remembering Allah.
The Prophet (PBUH) was quoted to saying “every intoxicant is Khamr, and every Khamr is haram”. He didn’t stop at prohibiting the drink of alcohol, whether much or little, but he also forbade any trading in it, even with Non-Muslims.
Alcohol can’t be received or given by a Muslim as gifts because Muslims are pure and neither gives or receives anything expect what is pure. It’s reported that a man brought a cask of wine to the Prophet (PBUH) as a gift. The Prophet (PBUH) refused the gift and told him to pour it on the floor.
What is smoking in terms of Islam?
Smoking spoils a person’s act of worship and reduces their rewards. It spoils the prayer, which is the pillar of the Din.
Smoking also spoils fasting as fasting is very hard for the smoker. When they fast, instead of thinking of Allah and the reason for fasting, they instead think about smoking a cigarette. Thus, losing the great award of those who fast even one day in Allah’s way.
Smoking has poisonous materials (such as nicotine, tar, carbon monoxide, arsenic and etc.) that the smokers swallows in small proportions which harm their body and cause problems such as cancer, heart disease, asthma, heart attack and etc.
A smoker wastes his wealth on that which harms and has no benefits; he will be asked about his wealth and how he spent it, as our wealth belongs to Allah. Wasting the wealth is a sign of weak-mindedness and carelessness.
A smoker may beg or steal if he doesn’t have the money to buy cigarettes- which is Haram.
Smokers cause others, such as small children who are weak minded, to also follow their sinful ways.
As many people stay away from smokers, it makes the smokers feel morally upset but because they are addicted to the drug, they are stuck in a loop of sadness and being a slave.
What is riba?
In the context of Islam, the term refers to predetermined and conditional extra amount (big or small) that must be paid by the borrowers to the lender.
The prohibition of Riba applies equally to the loans obtained from or extended to Muslims as well as non-Muslims. There are no distinction between Muslims and non-Muslims, with respects to the receipt and payment of interest. So the prohibition of Riba has universal application. This is consistent with Islam being a universal religion that preaches the unity of colour, gender and faith.
Riba is considered a form of exploitation, which contradicts the core of Islam’s teachings of social justice. It’s unjust for lenders to guarantee return with involvement risk.
The Prophet (PBUH) would refuse to go to Janazah’s of those who would do Riba.
Banks are motivated to lend as much by offering credit which will result in negative consequences. People have to work harder for longer hours and may exercise unethical business practices in order to repay the bank debt.
Finally, Riba based financing results in more wealth collected by lenders without exerting much effort to productive activity. This is a Haram earning as the Qur’an teaches us to work hard for our pay.
What are the following ideas that the Qur’an expresses?
- Riba deprives wealth from Allah’s blessings.
- Riba is equated with wrongful appropriation of property belonging to others.
- Muslims should stay away from Riba for the sake of their own welfare.
- When lending money, Muslims are asked to take only principle and forgo even the sum if the borrower is unable to repay.
- Despite the apparent similarity of profits from trade and profits from Riba, only profits from trade are allowed.
Explain the centrality of the Shari’a and Islamic law in the daily practice of Muslims
The importance of Shariah can be seen through the meaning of the concept. The word shariah literally means a waterway that leads to a main stream, a drinking place, and a road or the right path. From this meaning, the word shariah was used to refer to a path or a passage that leads to an intended place, or to a certain goal. The importance of Shariah is evident in the denotations of the literal meaning. Water is life for everything, Shariah is life for the Muslims’ souls and a way of life for them.
The Shariah’s adaptation to new situations, this particular issue is related to a major characteristic of Islam, which is its validity in every time and space. This characteristic is due to the fact that Islam is the final message and Prophet Muhammad (peace and blessings be upon him) is the seal of prophet hood. Thus, in order to guide mankind to the path of Allah, the Shariah has to be applicable in every place and time.
Many non-Muslims, however, think that the Shariah is mainly a collection of fixed ancient laws that belong to a time other than ours. On the contrary, Muslim scholars agreed on the fact that applying the Shariah requires two essential types of understanding. These two types are; understanding the sources from which the rules are derived, the Qur’an and the Sunnah (the traditions of the prophet), and understanding the reality in which these rules are applicable. Hence, the application of the Shariah is not in a vacuum; rather it is in a reality that is changeable due to time and space.
