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Chapter 3 Shariah (Features of Islamic law : (It originates from divine…
Chapter 3 Shariah (
Features of Islamic law : ,
Maqasid as-Shariah,
Purpose of Shariah is to preserve :
- Religion(deen)
- Life (nafs)
- Mind (aql)
- Lineage (nasab)
- Property (mal)
,
Fiqh
- literal traslation : true understanding
- linguistically : in-depth understanding
- Islamic terms : making rulings and judgements from evidence found in shariah, the Quran, sunnah and consensus of Islamic scholars
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Primary differences between fiqh and shariah :=
- Shariah cannot be changed. Fiqh can be changed based on new information
- Shariah is broad and general. Fiqh focuses on narrow and specific issues
- Shariah comes from Qur'an and Sunnah. Fiqh come from the Shariah
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Characteristics of fiqh :=1) Real issues of fiqh
2) Not rigid in law-making procedure
- respect for freedom and opinion
3) Usage of personal opinion
- stick close to literal meaning of quran and sunnah
4) Modification of law
- reasons for modification
- disappearance of the reason of law's existence
- change in social condition
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Division of Ahkam al-Khamsah
- Fard or Wajib (Obligatory)
- Mandub ( Sunat)
- Mubah (Harus)
- Haram (Prohibited)
- Makruh ( Abominable)
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Islamic Scholar :
- Imam Abu Hanifah
- founded in Iraq
- known by his kunyah Abu Hanifah
- Imam Malik
- founded in Madina
- wrote al-Muwatta'
- Imam as-Shafie
- founded by Muhammad b Idris
- wrote kitab ar-Risalah (usul al-Fiqh)
- Imam Hanbali
- founded by Ahmad b Hanbal
- wrote Musnad
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Differences between law and morality :
- Morality is to enhance Muslim's inner tendency to uphold virtue and shun evil
- Law enacts measures to ensure practical manifestation of moral senses and to discourage moral deviation
- Moral focuses on internal dimension of Islam
- Law focuses on external requirement of Shariah
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Penalties in Islam :
- Hudud
- Qisas
- Takzir
- The importance of punisment is to protect people and community from evil
- To maintain a secure social order
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Categories of Islamic Penalties :
- Haqq Allah ( Allah's right)
- punishment prescribed in public interest
- cannot be lightened nor made heavier
- the forgiveness of victim cannot avert the punishment
- Haqq Adami ( Human's right)
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Takzir ( Discretionary punishment)
- is derived from the verb means to prevent , to respect, and reform
- technically, means a punishment at first at preventing the criminal from commiting further crimes and secondly to reform him
- types of punishment is not explained in Qur'an
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