CONTENTS

• To know the definitions of a sources of Islamic law

• To identify the sources of Islamic law
• To know the philosophy and principle of Islamic Law
• To describe the importance of Islamic law in business
• To explain the primary and secondary sources of Islamic law,
and Islamic Legal Maxims (Qawa’id Fiqh)

1
 INTRODUCTION

• Islam has given the most comprehensive legal

system to mankind
• Islamic law covers all aspects of life. Islam has its
own personal, civil, criminal, mercantile, evidence,
constitutional and international law

2
THE DEFINITION OF SOURCES OF ISLAMIC LAW

• The sources of Islamic law is a main reference to

identify and determine all about Islamic law.
• Islamic law has not been given by any ruler. It is
given by Allah
• Islamic law remains valid whether recognized by the
State or not
• The sources of Islamic Law are types of evidence that
a valid proofs for the injunctions

3
 THE DEFINITIONS OF ISLAMIC LAW

• Islamic law also known as Islamic Jurisprudence or

Fiqh means knowledge, understanding and
comprehension.
• It refers to the legal rulings of the Muslim scholars,
based on their knowledge of the shari`ah
• Islamic law are defined the body of rules of conduct
revealed by Allah (SWT) to his Prophet Muhammad
whereby the people are directed to lead their life in
this world

4
 Cont’

• Islamic Law is a comprehensive system

covering the human being’s relationship with
his Creator, with his fellow human beings, and
with his society and nation

5
 THE PHILOSOPHY OF ISLAMIC LAW

• Maintenance of life
• Protection of an individual’s freedom of belief
• Maintaining the intellect
• Preservation of honour and integrity
• Protection of property

6
 THE IMPORTANCES OF ISLAMIC LAW IN LIFE

• To be all activities in human life as a worship

• To ensure all action are perform by
obligations

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 THE DIVISION OF SOURCES OF ISLAMIC LAW

• The sources of Islamic law can be divide into 3

division:
 A Primary sources
 A Secondary sources
 An Islamic Legal Maxims (Qawaid fiqhiyyah)

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 THE PRIMARY SOURCES OF ISLAMIC LAW

• The primary sources is a dalil or nas which that

agreed by ulama as the main sources of Islamic law
• Al-Qur’an & Hadith is Divine Revelation
• The primary sources consist 4:
 Al-Qur’an
 Hadith
 Ijma’
 Qiyas

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 DEFINITIONS OF Al-QUR’AN
• The Qur’an is the primary source containing all the
fundamental directives and instructions of Allah
• It’s not only directives relating individual conduct but also
principles to all the aspects of social and cultural life of
human being.
• The Qur’an is the last and complete edition of Divine
Guidance and this is the only book of Allah which has not
been distorted
• The main purposes of Qur’an is to awaken in man the higher
consciousness of his relation with Allah and the universe

10
 Cont’

• Muslims believe the Qur'an to be the direct words of

Allah, as revealed to and transmitted by the Prophet
Muhammad
• All sources of Islamic law must be in essential
agreement with the Qur'an, the most fundamental
source of Islamic knowledge
• When the Qur'an itself does not speak directly or in
detail about a certain subject, Muslims only then
turn to alternative sources of Islamic law.

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 DEFINITION OF HADITH

• Al-Hadith literally as a method

• It was applied by the Prophet Muhammad as a legal
term to represent what he said, did and agreed to.
• It’s consist a speech, conversation, action, habits and
events of the Prophet's life codified by his
companions and enlarged and revised by later
Muslims.

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 Cont’

• Its authority is derived from the text of the Qur’an.

The Qur’an says:
"For you the life of the Prophet is a model of
behavior" (Al-Qur’an 33:21)
• Hadith is the traditions or known practices of the
Prophet Muhammad
• The verbalized form of a tradition of the Prophet,
peace be on him, constitutive of his Sunnah.

13
 Cont’

• During his lifetime, the Prophet's family and

companions observed him and shared with others
exactly what they had seen in his words and
behaviors
• For example: how he performed ablutions, how he
prayed, and how he performed many other acts of
worship. People also asked the Prophet directly for
rulings on various matters, and he would pronounce
his judgment.

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 THE ELEMENTS OF HADITH

• A hadith narrative is divided into two parts:

 the Sanad (chain of transmission)
 the matan (content of the narrative).

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 THE CATEGORIES OF HADITH

• Hadith can be divided by 2 categories:

 Hadith Nabawi
 Hadith Qudsi

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 TYPES OF HADITH

• Hadith can be divide into 3 types:

 Words – All direction in oral communication
by Rasulullah SAW.
 Behavior – All behavior are conduct by
Rasulullah SAW.
 Taqrir – Just silent, not telling whether agree
or not.

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 THE FUNCTIONS OF HADITH

• The functions of hadith are:

 To clarify details of general statement in the Qur'an
 To make it specific and particular
 To explain the instructions of the Qur’an
 To provide essential ingredients and details
 To clarify what the Qur’ân leaves ambiguous or difficult to
understand
 To qualify what the Qur’ân leaves unqualified
 To bring up issues that the Qur’ân does not mention

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 DEFINITIONS OF CONSENSUS
• Consensus laterally as “Ijma’“
• Ijma’ defined as the consensus of the jurists of a
certain period over a religious matter
• Ijma’ is considered a sufficient evidence for action
because the Prophet if Islam said, "Muslim will never
agree on a wrong matter."

19
 Cont’

• Consensus refers to the unanimous agreement of the

jurists of a given era on a legal ruling
• It makes no difference whether the jurists are from
the era of the Companions after the death of the
Messenger or any era thereafter

20
 Cont’

• In situations when Muslims have not been able to

find a specific legal ruling in the Qur'an or Sunnah,
the consensus of the community is sought (or at
least the consensus of the legal scholars within the
community). The Prophet Muhammad once said that
his community (i.e. the Muslim community) would
never agree on an error.

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 DEFINITIONS OF ANALOGY
• Analogy laterally a analogical deduction or reasoning
• Recourse to analogy is only warranted if the solution of a new
case cannot be found in the Qur'an and the Sunnah
• Analogical deduction cannot operate independently of the
nusoos. It’s means a derivation of the law on the analogy of
another law if the basis (illah) of the two is the same
• It’s refers to take an injunction that applies in one case and
applying it in another because they share a characteristic that
is the effective cause of the injunction being applied in the
first case

22
 Cont’

• The scholars have developed detailed principles of analogical

deductions or Qiyas in the books of Islamic jurisprudence
• The Prophet has permitted Ijtihad which literally means 'to
exert'. Technically it means to exert with a view to form an
independent judgement on a legal issue
• Ijtihad is the Islamic method of facing the new situations and
problems in the light of the general principles of the book of
Allah SWT, the Quran and the traditions of the Prophet or the
Sunnah.

23
 Cont’

• The scholars have derived law through analogical

deduction on the basis of the provisions of the
Qur’an and the hadith on some similar situation
• Analogy is resorted of problems about no specific
provision in the Qur’an or the hadith
• In cases when something needs a legal ruling, but
has not been clearly addressed in the other sources,
judges may use analogy, reasoning, and legal
precedent to decide new case law

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 THE ELEMENTS OF ANALOGY

• The 4 elements of analogy are:

 a principle (asl), means root, origin, source, principle
 Ash
 `Illah, means effective cause or ratio legis of a
particular ruling.
 Analogy then consists in extending a principle (asl)
derived from the Qur'an and the Sunnah to the new
case

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 THE SECONDARY SOURCES

• The secondary sources is the sources that not

consensus between ulama
• It’s derive on Islamic legal injunctions, besides the
four primary sources
• School of thought are differences only in aspect of
fiqh. Cause a differences of interpretations

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 ISTIHSAN
• Istihsan laterally preference from different
interpretations
• It’s refers to the abandonment of one legal ruling for
another which is considered better or more
appropriate to a given circumstance.
• Istihsan refers to when a "hidden" qiyas (qiyas khafi)
is given preference to a "clear" qiyas (qiyas jali), or
when a partial exception is made to an otherwise
general rule because of some indication elsewhere in
the Shari‘ah.

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 MASALIH AL-MURSALAH
• Masalihul means something of benefit, and al-
mursalah literally, set free or unrestricted
• i.e. that there is no text either expressly allowing or
forbidding the particular matter.
• Masalih al-mursalah refers to matters about which
there is no definitive judgement or precedent in the
Shari‘a but which are allowed because of their
general benefit to the community, as long as they do
not go against an existing judgement.

28
 Cont’

• A consideration which is proper and harmonious

with the objectives of the Lawgiver;
• it secures a benefit or prevents a harm, but the
Shari`ah provides no indication as to its validity or
otherwise.
• For example, the Companions decided to issue
currency, to establish prisons, and to impose a tax on
agricultural lands despite the fact that no textual
authority could be found for these measures.

29
 Cont’

 An examples: Umar b. al-Khattâb was established the

act of general registry for the armed forces to set
their salaries and their terms of service, then
established registries for other purposes.

30
 Cont’

• Writing down the Qur'an and vocalising the written

text. After many of those who knew the Qur'an are
killed during the Wars of the Ridda, Abu Bakr had the
Qur'an collected together in a written form. This is
considered a maslaha mursala because, in the time
of the Prophet the Qur'an was not collected together
in a written form. Later, people also began to
vocalise the text in order to preserve it from
corruption

31
 Cont’

• The factors are encourage jurist to consider the

general welfare are the following:
 Attaining that which is beneficial
 Avoiding that which is harmful
 Preventing wrongdoing
 Changing times

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 ‘URUF
• ‘Urf literally a custom, practice or usage by the
community
• ‘Urf is means a local custom which is not in conflict
with the Qur'an or the Sunnah and a justification of
a particular matter provided that a ‘urf does not
contravene any divine sanction
• This principle applies to things such as use of
language, food, clothing, etc

33
 Cont’

• An example:
 the word dabba (riding-beast) as used in certain
areas to refer to a donkey rather than any other type
of animal.
 In other words, certain words are understood in a
certain way in certain areas, which might be different
from the "dictionary" definition. In cases involving
the interpretation of such words, their customary
meaning is taken into account.

34
 Cont’

• A dividing the dowry into 2 parts, one of which is paid at the

time of the marriage (hall), and the other of which is delayed
until later (mu’ajjal). If a case arises in which a wife says she
has only received half of her dowry (i.e. not the "delayed"
part) and her husband says that he has paid it all, the ‘urf, or
customary practice, in such matters is taken into account in
arriving at a judgement, and preference given to what is
normally understood by the relevant words.
• A handing over goods without saying anything can, in certain
circumstances, be considered the same as actual words of
acceptance as far as buying and selling are concerned.

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 ISTISHAB

• Istishab laterally presumption of continuity, or

presuming continuation of the status quo ante.
• For example, istishaab requires that once a contract
of sale, or of marriage, is concluded it is presumed to
remain in force until there is a change established by
evidence.

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 THE ‘AMAL OF PEOPLE OF MADINA

• For Imam Malik, there is another source which is as

important as these first four.
• In fact, in many ways whether ‘amal, or "practice", of
the people of Madina.
• the ‘amal of Madina as a whole includes points
about which there were sometimes significant
differences of opinion among the Madinan ‘ulama

37
 Cont’

• Term of ‘amal is not merely "local custom", as

its opponents (both Muslim and non-Muslim)
claim, but rather - in its earliest form, at least -
a non-textual source of sunna on the level of
mutawatir hadiths (i.e. hadiths with multiple,
and parallel, chains of authority).

38
 Cont’

• For examples:
• We have referred to the question of sadl al-yadayn, or doing
the prayer with one's hands by one's sides. The judgement
based on the ‘amal of the people of Madina, with Malik
denying the applicability of the hadith-based judgement that
one's hands should be clasped in front of one (qabd) when
doing obligatory prayers but allowing it for voluntary prayers:
I don't know of this practice [i.e. qabd] as far as obligatory
prayers are concerned, but there is no harm in someone
doing it in voluntary prayers, if he has been standing for a
long time, in order to make it easier for himself

39
 Cont’

• Khalil refers to the "transaction of the people of Madina

(bay‘at ahl al-Madina)" when he says: It is permissible to buy
from someone whose work is continuous, like a baker, and
this is considered ordinary sale; if it is not continuous, it is
considered a pre-payment transaction (salam)."
• The people of Madina used to buy meat from the butcher's,
taking a certain amount day by day, and then pay for it when
they had received their stipends, which might be only once a
month.

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 SADD AL-DHARA'I‘

• Sadd al-dhara'i‘ means, literally, "blocking the

means"
• e.g: to undesirable ends, in other words, forbidding
what is likely to lead to the haram.
• This is thus an extension of the general principle that
what leads to the haram is haram, just as what leads
to the obligatory is obligatory, and what leads to the
permitted is permitted

41
• The important consideration to sadd al-dhara’i‘ is the result
of the action, and whether it leads to benefit or harm. Under
this principle come certain sub-principles, e.g: preventing
harm is given preference over gaining benefit.
• For example, if someone does wudu’ and is not sure whether
he has washed his face three times or only twice, he assumes
it is three, because he shouldn't wash it more than three
times, whereas washing it twice is acceptable

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 ISLAMIC LEGAL MAXIMS

• A general principle for the guide line to develop and

find the Islamic jurisprudence
• Methodology of fiqh (qawaid fiqhiyyah) is a method
to understand and develop an Islamic jurisprudence

43
 cont’..

• A theoretical abstractions
• A general rule which applies to all of its
related particulars
• It’s consist 5 main methods

44
 cont’..

‫إنما األعمال بالنيات‬

• "Things are judged according to the intentions behind them“
• "Actions are by intentions or "are according to intention", and
every man gets what he intends."
• It’s means a behavior or everything are based on the
intention.
• for example, the actions of wudu’ alone are not valid unless
they are accompanied by the intention of doing wudu’.

45
 cont’..

‫ اليقين ال يزول بالشك‬:‫قاعدة‬

• "Certainty is not removed by doubt"
• It’s means a confidence not missing with the doubt
• It’s can be implement to all human behavior
• For example: assuming you have only done three rak‘aah if
you are not sure whether you have done three or four;
and having a claimant produce two witnesses for his claim
and, if not, letting the defendant make an oath that what
is being claimed from him is his own and not the claimant's

46
 cont’..

‫المشقة تجلب التيسير‬

• Literally a difficulty allows ease
• This principle explain that something was
developed for easy not for difficult or constrains a
people

47
 cont’..

• For examples:
 Using water causes or is likely to cause harm, you do
tayammum instead of wudu’.
 Allah says: "He has not put any constraint on you as far as the
din is concerned" (Q.22:78).
 A sick person doesn't have to fast.
 Allah says: "And whoever among you is ill, or on a journey,
[should fast] a [similar] number of other days. Allah wishes
ease for you and does not wish difficulty for you" (Q.2:185).

48
 cont’..

• Some people use the above-mentioned without no constraint

in the din to allow themselves to do what they want
• Rather, what is meant here are those instances where there is
serious rather than slight difficulty
• for example, would be getting up in the morning and having
to use very cold water to do wudu’ with: it might cause you
discomfort, but it doesn't harm you.
• It becomes serious, though, if using water either causes
illness, or increases it, or prevents one from being cured.

49
 cont’..

‫الضرر يزال‬
• Harm is to be removed
• There should be no harm nor reciprocating harm
• For examples:
 returning what has been taken unjustly along with liability
for any loss or damage
 preventing someone from doing what will cause harm to
his neighbours.

50
 cont’..

‫العادة محكمة‬
• It’s means customs also can be a sources of Islamic law.
• Customs refer to society norm or traditional whether
word or behavior
• In Arabic language well known as urf
• The customs must be consider a situation below:
 Not difference with the Islamic law.
 Every people doing a same thing or behavior.
 Not bias with the certain race or kabilah, etc.

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SYUKRAN JAZILAN/THANKS

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