[Slideshare] fiqh-course (sept-2012-batch)-#3-maqasid shariah(29-sept-2012)

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[Slideshare] fiqh-course (sept-2012-batch)-#3-maqasid shariah(29-sept-2012)

  1. 1. IN THE NAME OF ALLAH, MOST COMPASSIONATE, MOST MERCIFUL. “INTRODUCTION TO THE STUDY OF FIQH ” Intermediate Level Islamic course in English for Adults conducted by Ustaz Zhulkeflee Hj Ismail LESSON # 3 – WHAT IS SHARI-’AH ? ITS SOURCES, AIMS AND PURPOSE And say: O Lord! Increase for me my knowledge Using text & curriculum he has developed especially for Muslim converts and young Adult English-speaking Muslims. “To seek knowledge is obligatory upon every Muslim (male & female)”All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  2. 2. “Then We put you, [O Muhammad], on an ordained way (SHARI-’ATIN) concerning the matter [of religion]; so follow it and do not follow the inclinations of those who do not know.―” (Qur’an: Ja-thiyah: 45: 18)All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  3. 3. AS-SHARI-’AH : The Revealed Law, or Canonical Law of Islam.All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  4. 4. - Path to be followed, - Source of water, drinking place, approach to a watering hole,All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  5. 5. - sail, - tent,All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  6. 6. - lawfulness, legality, legitimacyAll Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  7. 7. - From these meanings of the root word, we can understand that for Muslims, SHARI-’AH is the path to be followed, not only leading to Allah, the Most High, but the path believed by Muslims to be the path shown by Allah, the Creator Himself through the Messenger Muhammad s.a.a.w. , the Divinely approved path, a total way of living leading ultimately to the Eternal Life.All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  8. 8. “Guide us upon the straight way. The way of those on whom Thou hast bestowed Thy Grace, Those whose (portion) is not wrath and who go not astray.” (Qur’an: al-Fatihah: 1: 6-7)All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  9. 9. All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  10. 10. O ye who believe! put not yourselves forward before Allah and His Messenger: but (be conscious of and) fear Allah: for Allah is He who hears and knows all things. (Qur’an: Hujurat: 49: 1)All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  11. 11. All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  12. 12. “It is not fitting for a Believer, man or woman, when a matter has been decided by Allah and His Messenger, to have any option about their decision: if anyone disobeys Allah and His Messenger he is indeed on a clearly wrong Path.” (Qur’an: Ahzab: 33: 36)All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  13. 13. All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  14. 14. “And We sent down the Book to thee (O Muhammad) for the express purpose that thou shouldst make clear to them those things in which they differ, and that it should be a guide and a mercy to those who believe.” (Qur’an: An-Nahlu: 16: 64)All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  15. 15. All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  16. 16. “Alif Lam Ra. A Book which We have revealed unto thee (O Muhammad) in order that thou mightest lead mankind out of the depths of darkness into light― by the leave of their Lord― to the Way of (Him) Exalted in Power, Worthy of all Praise!” (Qur’an: Ibrahim: 14: 1)All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  17. 17. All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  18. 18. “And this (He commands): Judge thou between them by what Allah hath revealed and follow not their vain desires, but beware of them lest they beguile thee from any of that (teaching) which Allah hath sent down to thee. And if they turn away, be assured that for some of their crimes it is Allahs purpose to punish them. And truly most men are rebellious.” (Qur’an: Maa-idah: 5: 49)All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  19. 19. All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  20. 20. “O Messenger! proclaim the (Message) which hath been sent to thee from thy Lord. If thou didst not thou wouldst not have fulfilled and proclaimed His Mission: and Allah will defend thee from men (who mean mischief). For Allah guides not those who reject Faith.” (Qur’an: Maa-idah: 5: 67)All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  21. 21. All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  22. 22. “O ye who believe! Obey Allah and obey the Messenger and (ULIL-’AMRI MINKUM) those charged with authority among you. If ye differ in anything among yourselves, refer it to Allah and His Messenger if ye do believe in Allah and the Last Day: that is best, and most suitable for final determination.” (Qur’an: An-Nisa’: 4: 59)All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  23. 23. “And I leave behind me for you all, for clarifying in your affairs (of this religion), whosoever holdfast to them shall never be led astray – (these are) the Book of Allah and the Sunnah (Way or tradition) of His Messenger.” (From Sermon reported by Ibnu Hisham in his “Seerah” )All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  24. 24. All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  25. 25. “(Honour) My successors (Khulafa’), may Allah s.w.t. be Merciful towards them!.” He was asked: “Who are your successors (Khulafa’) O Messenger of Allah?” And he said: “They are those who revive my Sunnah (the Way or traditions) and teaches them to the servants of Allah.” (Hadith of the Prophet s.a.w.)All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  26. 26. All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  27. 27. “Whomsoever that Allah wishes for him goodness, He will make him a FAQIH (learned) in matters of the religion(Deen); and for everything there is a pillar, and the pillar of this religion is AL-FIQH – (the profound understanding of the Deen); a learned scholar (of the Deen) is more difficult upon Satan than a thousand worshippers.” (Reported by Bukhary and Muslim)All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  28. 28. All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  29. 29.  From Allah SWT and His Messenger Muhammad s.a.a.w. are the SHARI’AH is to be derived - the primary sources.  Thus the legacy for this is contained within two important corpuses – the QUR’AN and AS-SUNNAH – which have always been unanimously acknowledged by every Muslims since the Prophetic era, meticulously collected, checked for its authenticity, applied in practice which thus expanded the wisdom of the UMMAH with juristic precedence, and faithfully preserved until today.All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  30. 30.  Yet, extracting the rulings and guidance from these require one who is competent, possessing adequate knowledge and proficiency in the Arabic language (classical); the relevant sciences of the QUR’AN; the sciences of AHADITH; the principles of Jurisprudence (USUL AL- FIQH), etc.  For those not competent, they have to rely upon those specialised and qualified to do, what is technically referred to as, ISTINBAT (the ability to extract and codify rulings from these primary sources).All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  31. 31.  These scholars are called “MUJTAHIDUN” – from the verb (word) IJTIHAD – “exertion” of a scholar in extracting a ruling from the primary sources.  The significance is that such rulings are called “ FIQH” – which mean “understanding of ” – and not the “SHARI’AH “ itself .  The use of the term by the early MUJTAHIDUN refers to their understanding of the DEEN, which are generally categorised into USUL IYYAH -I’TIQODIYAH (Principles-Belief), FURU’IYAH- ‘AMALIYAH (Branch – Practices).All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  32. 32.  As regards rules derived by the scholarly “exertion” IJTIHAD, we affixed the name of the scholar’s who made them. Thus we say “FIQH AS-SHAFI-’IE” or “FIQH AL-HANAFI” etc. meaning “(the SHARI’AH rulings from the) understanding of Imam As-Shafi-’ie or of Imam Abu Hanifa” respectively.  This fact is important to be appreciated by followers of whichever MADZHAB today, to avert ignorant fanatics amongst them claiming exclusivity, that theirs is the only right interpretation, while those who differ from them are deviant.All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  33. 33.  Also, what this means is that these rulings are a particular scholar’s best understanding of the SHARI’AH to a given matter, which imply that SHARI’AH itself remaining open to other possible interpretations, by other qualified MUJTAHID , as in other time and or in other circumstances.  Also to note, there are already enough principles and rulings unanimously and universally upheld by Islamic scholars in Qur’an and Ahadith, clear and unequivocal, preserved and continually referred to, in these primary sources and cannot be reinterpreted by IJTIHAD. This agreement is termed IJMA’.All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  34. 34.  But this is not a totally rigid legal system for there are also inherent flexibility too within the SHARI’AH , especially regarding its implementations with many provisos and guidelines – ensuring it remains relevant and dynamic.  Ample and adequate areas are left open for scholars to seek out a specific rulings, or for rules of exceptions to be invoked due to new and extenuating circumstances etc. – by applying well- established and universally accepted general principles . These usually pertains to secondary matters or involving matters of specifics and details.All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  35. 35.  Here is where IKHTILAF (differences) usually occur, which is to be expected and tolerated as long is it is from a valid interpretation. What Islamic scholars are vigilant of is when an interpretation is a deviancy or an obvious error (opposed to unanimously accepted established principles ) – which are to be corrected.  An Islamic scholars role is not merely to pronounce a ruling, but to guide the community upon the right guidance which SHARI’AH was meant for.All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  36. 36.  And the purpose of AD-DEEN AL-ISLAM especially the SHARI’AH established by our Prophet s.a.a.w. which has been perfected (“KAAMIL”) – therefore needing no more revision, is to bring solution not problems; it relieves mankind of hardship not accentuating nor condoning them; seeking to uphold Justice as well as spreading Mercy ; it is neither too rigid nor too relaxed; firm upon principles yet not stifling but tolerant; etc. in other words – “just, balanced, the middle path, equilibrium etc. –” from the Qur’anic term “WASOTIYYAH”.All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  37. 37. All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  38. 38. “This day have those who reject Faith given up all hope of your religion: yet fear them not but fear Me. This day have I perfected your religion for you, completed my favour upon you, and have chosen for you ‘AI-slam’ as your religion.” (Qur’an: al-Maa-idah: 5: 3)All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  39. 39. All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  40. 40. “And thus have We willed you to be a community of the middle way (ummatan wasotan) [i.e. justly balanced], so that [with your lives] you might bear witness to the truth before all mankind (shuhadaa-a ‘alan-naas) , and the Messenger as a witness over you.“ (Qur’an: al- Baqarah: 2:143)All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  41. 41. All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  42. 42.  The primary concern of the Shari’ah can be summed up, generally as : “(towards ensuring a better life by) providing “maslahat ” (benefits) and the removal of “mafsadah ” (harm) for mankind.”All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  43. 43.  Thus the Shari’ah laws are there to firstly preserve the basic rights :  Dharuriyyah: “the essential rights of mankind.” This can be said to be Islam’s stipulations of basic human rights - which the purpose of any legislative philosophy should uphold. Yet, because Shari’ah is based on Divinely revealed principles , clearly established and documented, it cannot be repealed anymore, like the man made legislative system.All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  44. 44. Dharuriyyah: the essential rights of mankind.  The five important essentials (human rights) which it seeks to preserve are: 1. right of religion, 2. right to life, 3. right to proper use of the intellect, 4. right to ownership of property, 5. right of progeny (including preservation of honour and dignity).All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  45. 45. Haa-jiat: the needs of mankind.  Not only does the Shari’ah laws are there to preserve these basic rights, it goes even beyond mere essentials but includes catering to related human needs (Haa-jiat) :  Haa-jiat : “the needs of mankind.” The needs are those requirements attached to the essential rights as mentioned above. Thus, it provides a wide and dynamic scope for jurists to extend and include considerations for changing circumstances of human life.All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  46. 46. Tahsiniyyat: the perfection in well-being. Not merely the essential and needs, the Shari’ah even strive towards the ultimate betterment, termed:  Tahsiniyyat : the perfection of mankind’s well-being. The perfection of man’s life are those which society is enjoined by Islam to aspire to, which can be summed up into two broad categories: MAKARIM AL-AKHLAQ MAHAASIN AL-’AADAHAll Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  47. 47. MAKARIM AL-AKHLAQ: “the nobility of character of citizens”  As the aim in legislation is to ensure well-being of society, Islam’s fundamental focus is also towards the actualizing the goodness in man through, ‘reform’ or ‘rehabilitation’ of its citizen towards noble ethical virtues, without which the ‘goodness’ of any law would be worthless - as it can never be manifested in society.All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  48. 48. MAKARIM AL-AKHLAQ: “the nobility of character of citizens”  Thus, the educative (element) of the Prophet’s implementation of Shari’ah upon the citizens must never be overlooked, lest it become dry legalism - enforcement lacking compassion and autocratic – which is opposed to how the Prophet Muhammad s.a.a.w. had taught and had successfully established (SUNNAH) to the first generation amongst our pious predecessors . Allah SWT recorded praises regarding his exemplary approach:All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  49. 49. MAKARIM AL-AKHLAQ: “the nobility of character of citizens”All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  50. 50. MAKARIM AL-AKHLAQ: “the nobility of character of citizens” “It is part of the Mercy of Allah that thou dost deal gently with them. Wert thou severe or harsh-hearted they would have broken away from about thee; so pass over (their faults), and ask for (Allahs) forgiveness for them; and consult them in affairs (of moment). Then when thou hast taken a decision, put thy trust in Allah. For Allah loves those who put their trust (in Him).” (Qur’an: Aali ‘Imran: 3:159)All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  51. 51. MAKARIM AL-AKHLAQ: “the nobility of character of citizens” “Ye are the best of peoples, evolved for mankind, enjoining what is right, forbidding what is wrong, and believing in Allah.” (Qur’an: Aali ‘Imran: 3: 110)All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  52. 52. MAKARIM AL-AKHLAQ: “the nobility of character of citizens” Verily, in the Messenger of Allah (Muhammad) you have a good example for everyone who looks forward (with hopes and awes) to Allah and the Last Day, and remembers Allah unceasingly. (Quran: Al Ahzab 33:21)All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  53. 53. MAKARIM AL-AKHLAQ: “the nobility of character of citizens” “And thou (Muhammad) standest on an exalted standard of character.” (Qur’an: al-Qalam: 68:4)All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  54. 54. MAKARIM AL-AKHLAQ: “the nobility of character of citizens” Prophet Muhammad s.a.w. said: “Verily I have not been raised (as a Prophet) except to perfect the noble nature (Akhlaq) of mankind.All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  55. 55. MAHASIN-AL-’AADAH: “perfecting customs or life-style”  As to these (perfecting life-style and customs by making available all that which benefits society) – the Shari’ah must aim to affect positively to the customs and life-style in others based upon universal moral value inherent in all religion or humane , so that life can be an expression of praising and glorification of God.All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  56. 56. MAHASIN-AL-’AADAH: “perfecting customs or life-style”  The right or freedom to choose religion being upheld, does not prevent positive interaction amongst various people of different race or religion to be done. Islamic Da’wah (call, invitation or propagation) is most effectively done , by providing a practical examples. Even if others do not accept to embrace Islam, it wish to share the universal human morality inherent in people so that life becomes better if not the best.All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  57. 57. MAHASIN-AL-’AADAH: “perfecting customs or life-style” “There is no compulsion in religion. Verily, the Right Path has become distinct from the wrong path.” (Qur’an: Baqarah: 2: 256)All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  58. 58. MAHASIN-AL-’AADAH: “perfecting customs or life-style”All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  59. 59. MAHASIN-AL-’AADAH: “perfecting customs or life-style” “Allah commands justice, the doing of good, and the giving to kith and kin (their dues), and He forbids all shameful deeds, and injustice and rebellion: He instructs you, that ye may receive admonition.” (Qur’an: Nahlu: 16: 90)All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  60. 60. MAHASIN-AL-’AADAH: “perfecting customs or life-style”All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  61. 61. MAHASIN-AL-’AADAH: “perfecting customs or life-style” “So set thou thy face steadily and truly to the faith: (establish) Allahs handiwork according to the pattern on which He has made mankind: no change (let there be) in the work (wrought) by Allah: that is the standard Religion: but most among mankind understand not.” (Qur’an: Rum: 30: 30)All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  62. 62. MAHASIN-AL-’AADAH: “perfecting customs or life-style”All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  63. 63. MAHASIN-AL-’AADAH: “perfecting customs or life-style” “And thus have We willed you to be a community of the middle way (ummatan wasotan) [i.e. justly balanced], so that [with your lives] you might bear witness to the truth before all mankind (shuhadaa-a ‘alan-naas) , and the Messenger as a witness over you.“ (Qur’an: al- Baqarah: 2:143)All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  64. 64. MAHASIN-AL-’AADAH: “perfecting customs or life-style”All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  65. 65. MAHASIN-AL-’AADAH: “perfecting customs or life-style” “Ye are the best of peoples, evolved for mankind, enjoining what is right, forbidding what is wrong, and believing in Allah. If only the People of the Book had faith it were best for them; among them are some who have faith, but most of them are perverted transgressors. “ (Qur’an: Aali ’Imran: 3: 110)All Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  66. 66. AND ALLAH KNOWS BESTAll Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  67. 67. TO BE CONTINUEDAll Rights Reserved © Zhulkeflee Hj Ismail (2012) )
  68. 68. All welcome to visit my web-blog: http://an-naseehah.blogspot.com/ http://introductiontotauhid.blogspot.com/ http://oyoubelievers.blogspot.com/ http://al-amthaal.blogspot.com/ http://zhulkeflee-archive.blogspot.com/ http://criteriaforaholybook-quran.blogspot.com/ http://with-the-truthful.blogspot.com/ http ://muqaddam-nurul.blogspot.com/All Rights Reserved © Zhulkeflee Hj Ismail (2012) )

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