SHARIAH
Definition
The way which directs mans life to the right path
The meaning of Shariah has been broaden over time to include legal regulations found
in al-Quran, prophetic sayings, conducts, rule and regulations, law, worship (ibadat),
ethics (Akhlaq)
It is the sum of Islamic teachings recorded in al-Quran as well as Sunnah.
Set of legal doctrine, doctrine of duties, code of obligation
Aqidah
Shariah
Ibadat
Politic
Muamalat
Economic
Fiqh
Akhlaq
Banking &
Finance
Social
Aqidah Faith and belief (Faith, belief in God, prophet, angels, worship in general)
Fiqh Jurisprudence (Practical legal ruling to cover life)
Akhlaq Ethics and morality (Behaviour, attitude and work ethics)
Ibadat Allah-man, rituals (Practicalities of worship to Allah)
Muamalat Framework for conduct in the context of relationship between man and man, and
man and Allah
Sources of Shariah
Quran
- Fundamental first source: authority by which other sources are founded
- Compilation of words of God revealed to the Prophet Muhammad
- Directives relating individual conducts and principles relating to social and
cultural life
Sunnah
- Second source of Islamic Law
- Sayings, deeds and approval of the Prophet Muhammad
- Implementation and deliberation of Quran
- Through Sunnah, Quran is implemented and practised
Ijma
- To determine, to agree upon something
- The consensus of jurists in understanding, interpreting and applying the teachings
of Quran and Sunnah
- Agreement of qualified legal scholars in a given generation
- Infallible and unanimous
Qiyas
- Analogy
- Resorted to when there are problems about to which there is no specific provision
-
in the Quran or Sunnah.
Scholars derived law through analogical deduction on the basis of the provisions
in Quran and Sunnah on similar situation
Extend the original ruling to new case identify common cause between original
and new case
Minor Sources
Ijtihad
- Self-exertion intellectual exertion
- A source or methodology which gives Islamic Law its adaptability and capacity to
tackle all new issues
Istihan
- To deem something preferable in best of public interest
- A method of exercising personal opinion to avoid any rigidity and unfairness that
-
might result from literal application of law
To formulate a decision which sets aside an established anological reasonning for
a reason justifying such a departure and seeks to uphold a higher value in the
Shariah
- Equity in Islam ;)
Maslaha
- A ruling can be made if it is for the benefits of the public - to ease suffering of
public and prevent harm
Urf
- Customary practice of the community
- Requirements:
1. Must be common and recurrent
2. Must be a dominant practice
3. Must be existing at the time of transaction
4. Must not be in conflict with Al-Quran and Sunnah