Preliminary Concepts

Islam

Definition: Submission to the will of God and obedience to his law

Derived from the word "silm" meaning "peace"

Man possesses the qualities of intelligence and choice so he is required to submit to the good will of God and obey His law, i.e, become a Muslim

Islam is the last comprehensive Divine religion that describes way to fulfill the purpose behind our creation

Shariah (Law)

Definition: The divine revelation and knowledge which is only obtained from the Quran and Sunnah

"Shariah" literally means a water way that leads to a main stream, a drinking place

"Shariah" conceptually means a set of rules, regulations, teachings, and values governing the lives of Muslims

Therefore, Shariah is a path set by Allah for those who accept Him to follow, in order to attain success both in the worldly life and in the hereafter

Aqidah (Tawhid)

Tawhid (Oneness and Unity of Allah) is the foundational stone of Islamic faith (iman)

Definition: Declaring Allah to be the only God who deserves to be worshiped in truth and conforming all attributes with which He has qualifies Himself or that are attributed to Him by His messenger

Types of Tawhid

Tawhid Uluhiyyah - Worshipping only Allah SWT and not associating anyone else with in worship

Tawhid Rububiyyah - Believing in Allah SWT as the only one who sustains, maintain and control the universe and whatever it contain without anyone support and assistance

Tawhid Fi Asma Wa Sifat - Believe in all the names of Allah SWT with which He has attributed Himself or by His Prophet PBUH without alteration

Asma Zat are essential names

Asma Sifat are attribute names (quality)

Akhlaq (Moral)

"Akhlaq" is derived from the word "Khuluq" meaning the character, disposition and the nature

Definition: The characteristics required by Allah SWT from Muslim to abide by in all his activities

Lack of moral values lead to: corruption, mismanagement, bribery, breach of trust, misuse of authority

Fiqh (Understanding and Knowledge)

"Fiqh" means understanding and to have the knowledge of something

Definition: The knowledge of the practical legal rules of conduct derived from the specific evidences in the Quran and the Sunnah as well as other specific evidences in Ijma' and Qiyas

Fiqh is what has been gained from the efforts of scholars after the Prophet's PBUH demise

Usul al-Fiqh

Definition: Rules and principles of interpretation and methods of reasoning later developed to science that are deduced from their sources

Types of principles of interpretation

Consensus of opinions (Ijma')

Analogy (Qiyas)

Juristic preference (Ihtisan)

Public interest (Masalih al-Mursalah)

Presumption of continuity (Ihtishab)

Blocking the means (Sadd al-Dharai')

Customs ('Urf)

Objectives of Shariah

Shariah aims at safeguarding people's interest in this world and in the next

The scholars agree that

There is no injunction in the entire Shariah that does not seek to secure a genuine Maslahah

All the commands of Shariah aim realizing the interest (Maslahah)

All its prohibitions are designed to prevent corruption or harms (Mafsadah) in various degrees

Fundamental of Islamic Law

Protection of Din (Religion) - Protect the faith from negative influences

Protection of Life - Prevention of any harm that destruct human life

Protection of Lineage - Prevention of all means that stop procreation

Protection of Intellect - Prevent from negative influences

Protection of Wealth - Wealth shouldn't go from the hands of its owners without a fair compensation

Legal Maxims

Definition: A general legal rule which applies to all or most of its particulars

Principle of Legal Maxim

  1. Matters are determined according to intention (niyyah)
  1. Certainty cannot be removed by doubt - A statement must be supported by evidence or witnesses
  1. The principle about things is permissibility - All food and transactions are allowed unless they are prohibited
  1. Freedom from liability - We can't accuse somebody unless there are proves
  1. Hardship begets facility - Rules of law are general in nature to cover all situations and individuals
  1. Harm should be removed - Necessity (darurat) refers to a situation where a person strives to safeguard his religion, life, property, mind, or offspring from destruction

Purpose of Intention

  • Distinguishes between habitual actions and actions of worship
  • Distinguishes between various level of worships i.e. wajib, mandub
  • Distinguishes the purpose of the action for the sake of Allah only or not

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