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Lesson 2 Sources of Shari'ah - Coggle Diagram
Lesson 2 Sources of Shari'ah
Quran
book that contains the speech of Allah (swt) revealed to the Prophet Muhammad (pbuh) in Arabic and transmitted to us by continuous testimony (tawatur)
Revelation began with surah al-’alaq 96:1-5
There are 114 chapters (surah) and 6235 verses of unequal length in the Quran.
The shortest is al-Kawthar that consists of 3 verses and the longest is al-baqarah that consists of 286 verses.
Both the order of the verses within a particular surah and the sequence of the surah themselves were arranged and determined by the Prophet in the year of his demise
According to this arrangement the Holy Quran begins with surah al-fatihah and ends with surah al-naas
Sunnah/Hadhith
signifies a source of Shari’ah next to the Quran and comprises sayings, acts and tacit approvals of the Prophet which contain evidence to establish a ruling (Hukm) of Shari’ah
Clear path, Normative Practice
Maybe classified
Based on number of narrators, completeness of chain, authenticity of narrators
Most authentic collections:
Sahih Bukhari, Muslim, Ibn Majah, Abu Dawud, Al-Nasai, Tirmidhi
Relationship between Quran and Sunnah
The Sunnah may consist of rules on which the Quran is silent
The prohibition of Gharar, Riba al-fadhl and two sales in one sale,
The maximum limit of wealth for wasiyyah,
Equality among children when giving them gift (Hibah),
Deprivation of a murderer to inherit from his victim,
The grandmothers’ entitlement to a share of inheritance,
Differences of religion as a barrier to inheritance
Waqf,
Ijma'
Ijma’ comes from the Arabic word jama’a which literally means either to determine or to agree on something unanimously.
Technically Ijma’ refers to the unanimous agreement of the Muslim jurists (Mujtahidun) of any period following the demise of the Prophet Muhammad (pbuh) on a Shariah rule (Hukm Shar’i).
Mujtahidun is a scholar who
Has the ability to deduce a rule from the Shari’ah sources
Is an expert in Usul al-Fiqh
(principles of Islamic Jurisprudence)
Has sufficient knowledge of the Arabic language to enable him to have an accurate knowledge of the text
Has a comprehensive knowledge of the current issues
has knowledge of Quran, Sunnah, previous ijma
The agreement should not be made on matters of Aqida. It should lead to a rule of permissibility (haram/halal)
Ijma Aam, Khaas, Silent Ijma, Explicit Ijma
Qiyas (Deductive Analogy)
Literally means: Measuring, ascertaining, comparison
Technically: Qiyas is the extension of a Shariah value from an original case,( اصل) to a new case, because the latter has the same effective cause ( علة ) as the former.
Requirements of Qiyas
Original case
New case
Effective cause
Ruling
Isthihsan (Juristic Preference)
Istihsan literally means good or beautiful
Legally istihsan refers to a method of reasoning by which a rule derived based on an analogy (قياس )is set aside in favor of another rule based on custom and public interest that removes harm and satisfies the requirement of justice and equity
When a jurist discovers that a strict application of analogy to a new problem leads to a loss of a benefit (Maslaha) or possibly to a harm (Mafsadah/ Dharar)
He must set aside Qiyas and resort to istihsan.
The provision of guarantee and warranty Once the sale is concluded and the ownership is transferred the property belongs to the buyer, the seller is no longer responsible to provide guarantees. The Hanafis argues for the guarantee on the basis of Istihsan
Charging a uniform fee for certain services
Parking lot fees
Masalahatul Mursalah (Public Interest)
Maslahah al-Mursalah refers to a consideration which is proper and harmonious to the objectives of Shari’ah which secures a benefit or prevents a harm
Conditions of Maslahatul Mursalah
Rational and not on matters of faith
Based upon the interest of, and the benefits to the people
Harmonious with the spirit of Shariah and not in conflict with it
Necessary ( related to the protection of five fundamental values) and not concerning decorative or luxuries (Tahsiniyyat)
Genuine
Relate to the protection of the five essential values
General- protect the public interest and not the interest of a particular person or group of persons
Prevent or remove harm from the people
examples
An example of Maslahah in Surah Yusuf
Policies that would stabilize the prices of essential commodities and inflation
An act which is initially mandub could be made wajib
Official documentation of marriages, real properties, vehicles, etc.
To prevent harm (مفسدة) which is the prevalence of perjury in the proof of these claims
Mubah could be made Haram
Prohibition of open burning
But haram can never be made mubah on the ground of Maslahah
Sadd-Al-Dharai (Blocking the means)
Isthishab (Presumption of Contunuity)
Urf (customs)