GLUP 1054

INTRODUCTION TO
ISLAMIC LAW

TOPIC 1
INTRODUCTION

INTRODUCTION
Contents:
Definition of law and Islamic law
(Syariah).
Definition of Fiqh and Hukm.
Differences between Shariah and
Fiqh.
Differences between Islamic law
and man made law.
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Law

DEFINITION OF LAW

What is law?

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...definition of law...
General definition:

As a consistent set of
universal rules that are
widely published, generally
accepted and usually
enforced
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Law

...definition of law...

Blacks Law Dictionary:

A body of rules of action or

conduct prescribed by the
controlling authority, and
having legal binding force
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Websters Dictionary:
A binding custom/practice of
community.
A rule or mode of conduct or action
that is prescribed or formality
recognized as binding by supreme
controlling authority or made
obligatory by a sanction made.
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DEFINITION OF ISLAMIC LAW

(SHARIAH)

What is Islamic Law

(Shariah)?

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... Definition of Shariah...

Literally - the path or the

road leading to the water
or to chalk out or mark
out a clear road to water.

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... Definition of Shariah...

Rahman (1979) The way which
directs mans life to the right path.
The word Shariah also has its
correlation with the word deen
which literally means submission or
following. Shariah is the ordination
of the way and its proper subject is
God, whereas deen is the following
of that way and its subject is man.
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... Definition of Shariah...

Maududi (1983) : The main objectives of
Shariah are to construct human life on the
basis of marufat (virtues) and to cleanse it
of the munkarat (vices).
Marufat (virtues) good qualities that
have always been accepted as good by
human conscience.
Munkarat (vices) all the sins and evils
that have always been condemned by
human nature as evil.
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... Definition of Shariah...

Joseph Schacht (1964) : Islamic law is an allembracing body of religious duties, the totally of
Allahs commands that regulate the life of every
Muslim in all its aspects. It comprises, on an equal
footing, ordinances regarding worship and ritual, as
well as political and (in a narrow sense) legal rules.
Islamic law was created not only by an irrational
process of continuous revelation but by a rational
method of interpretation. Both religious standards
and moral values which were introduced into the
legal subject-matter provide the frame-work for a
structural order.
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DEFINITION OF FIQH

What is Fiqh?

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...Definition of Fiqh...
Literal:
Understanding,
comprehension,
knowledge,
and jurisprudence.
Deep understanding.
Full comprehension.

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...Definition of Fiqh...
Ibn Khaldun - Knowledge of the rules
of Allah which concern the actions of
persons who own themselves bound
to obey the law respecting what is
required (wajib), sinful (haram),
recommended (mandub),
disapproved (makruh) or neutral
(mubah).
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...Definition of Fiqh...
A.D.Ajijola - It is a science of the
derived legal rules as re-acquired
from their particular sources. It is
knowledge of practical legal
questions.
Vogel, Frank E. - Fiqh is the human
understanding of Shariah.

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DEFINITION OF HUKM

What is Hukm?

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...Definition of Hukm...
Literal definition:
Ruling.

Technical definition:
The Islamic commandments, derived and understood
from religious jurisprudence resources.
Fiqh is making rulings and judgements from evidence
found in the Shariah, that is, the Quran and Sunnah, and
from consensus of Islamic scholars.

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...Definition of Hukm...
Fardh
(Wajib
Mustahab/
Mandub

Haram
(Prohibited
Hukm

Makruh
(Hated

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Mubah
(Allowed

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ACTION OF MUSLIM
1. Fardh (Wajib):
This category is a must for the Muslim to
do such as the five daily prayers.
Doing the Fardh counts as a good deed,
and not doing it is considered a bad deed
or a sin.
It is also called Wajib except for Imam
Abu Hanifah who makes Wajib a separate
category between the Fardh and the
Mubah.
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...Action of Muslim...
2. Mustahab/Mandub:
This category is recommended for
the Muslim to do such as extra
prayers after Zuhr and Maghrib.
Doing the Mandub counts as a good
deed and not doing it does not
count as a bad deed or a sin.

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...Action of Muslim...
3. Mubah (Allowed):
This category is left undecided and left for the person,
such as eating apples or oranges.
Doing or not doing the Mubah does not count as a good
or bad deed.
Intention of the person can change Mubah to Fard,
Mandub, Makruh, or Haram.
Other things could also change the status of the Mubah.
For example, any Mubah becomes Haram if it is proven
harmful, and any necessary thing to fulfill a Fardh is a
Fardh too.

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...Action of Muslim...
4. Makruh (Hated):
This category is a detested and
hated such as growing very long
fingernails or sleeping on the
stomach.
Not doing the Makruh counts as a
good deed and doing it does not
count as a bad deed.
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...Action of Muslim...

5. Haram (Prohibited):
This category is prohibited for
the Muslim to do such as
stealing and lying.
Doing the haram counts as a
bad deed and not doing it
counts as a good deed.
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DIFFERENCES BETWEEN
SHARIAH AND FIQH
Is Shariah is Islamic law?
Is Fiqh is Islamic law?
If Shariah is Islamic Law, and
Fiqh is Islamic Law, whats
the difference?

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...Differences between Shariah and Fiqh...

Why is it important to understand Fiqh And Shariah?

Reason: Based on a misguided understanding of
Islam and a lack of knowledge about Shariah and
Fiqh, some people claim that:
Islamic Law is outdated.
Muslims want to live by a code of justice that was
established over a thousand years ago by a desert tribe in a
foreign land.
Shariah is about cutting off peoples hands for stealing?

Is it true?
If thats all you know about Shariah, then you dont
know anything about Shariah.
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...Differences between Shariah and Fiqh...

The Shariah is made up of three things:

The laws dictated in the Quran.
The laws revealed to Prophet Mohammed (pbuh).
The laws that are taken from the lifestyle (Sunnah) of Prophet
Muhammad (pbuh).

The Shariah comes strictly from the Quran and

Sunnah.
The Shariah does not change.
Whatever Allah and His Messenger have made
permissible according to the Shariah will always be
permissible. And whatever they have made forbidden
will always be forbidden.
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...Differences between Shariah and Fiqh...

E.g: Allah has made polygamy and

acceptable form of marriage in Islam.
So it will always be permissible
and no one can change that. For
anyone to say we must forbid
polygamy because it is outdated and
abuses women is wrong. And any
Muslim who espouses this view
is being sinful.
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...Differences between Shariah and Fiqh...

E.g: Allah has made Riba (interest)

forbidden. So it will always be
forbidden and no one can change
that. For anyone to make it
permissible because it is accepted in
modern finance is wrong. And any
Muslim who espouses this view
is being sinful.
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...Differences between Shariah and Fiqh...

Fiqh does not necessarily come

directly from the Quran and
Sunnah. But it does come indirectly
from other sources.
But Fiqh does not override Shariah.
Fiqh is used to create laws for
matters not specifically addressed
by the Shariah.
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...Differences between Shariah and Fiqh...

E.g: Smoking cigarettes is not

expressly forbidden in either the
Quran or Sunnah. And initially,
Muslim scholars ruled that
smoking was disliked because of
the smell and it was immitating
non-Muslims.
But it wasnt forbidden.
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...Differences between Shariah and Fiqh...

However, When it was discovered that smoking

cigarettes can be deadly, Muslim scholars ruled that
cigarettes are forbidden in Islam. Islamic scholars
came to this ruling based on evidence in the Quran.
Oh you who have believed, do not consume one anothers
wealth unjustly but only [in lawful] business by mutual
consent. And do not kill yourselves. Indeed, Allah is to you
ever Merciful. (Chapter 4, Verse 29)

That ruling is Fiqh in action. Theres no direct

condemnation of smoking cigarettes in the sources
of Shariah (Quran and Sunnah). But scholars use
these same sources to determine that it is still
forbidden.
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...Differences between Shariah and Fiqh...

Conclusion: Fiqh and Shariah are related and they are

both aspects of Islamic Law.
However, there are significant differences.
Shariah cannot be changed. But Fiqh can change based on new
information
Shariah is broad and general. Fiqh focuses on narrow and specific
issues.
Shariah comes from the Quran and Sunnah. Fiqh comes from the
Shariah.

There should be no waivering when it comes to the

Shariah.
It is from Allah.
Most Muslims utilize some aspect of the Shariah
everyday, either consciously or unconsciously.
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