Chapter 2: The Sources of Management in Islamic Perspective

BIMS1043 PRINCPLE OF MANAGEMENT IN ISLAM
By: Captain Dr. Mohd Adib Abd Muin, IFP, CQIF (wealth Management)
Islamic Business School (IBS), UUM
mohdadib@uum.edu.my
Chapter 2: The Sources of Management in Islam - Dr. Mohd
Adib Abd Muin 2020
1
CHAPTER 2: THE SOURCES OF
MANAGEMENT IN ISLAM

Outline..
1. The difference between Management and Islamic Management.
2. Primary souces/ Qat’ei
3. Secondary sources/ Zonni
4. Fiqh Method/ Legal maxim
5. Management from Qur’an perspective
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1.0 Conventional Management vs Islamic Management
The principle of Islamic management is emphasis on community and
social rather than individualism and profit maximization.
Comparison Aspect Conventional Management Islamic
Management
Principal of Management  Emphasis on Profit Maximization  Emphasis justice for all stakeholder
 Profit is necessary for organization
sustainability but good
management is not about profit
oriented.
Sources of Knowledge  Empiricism-truth can be achieved
only by observation and data
collection (EXPERIENCE)
 Positivism-people trying to make
sense of the world around them
(LOGICAL)
 Rationalism (REASON &
KNOWLEDGE)
 Quran
 Hadis
 Ijmak Ulamak
 Qias
 Others
Key Belief  Worldly Only  Worldly and Hereafter (akhirat) 3

Introduction
• Islam teaches its followers the way of life that brings happiness
in this world and the hereafter
• Islam is a religion that teaches its followers have high moral
standards means that ultimately brings happiness in this world
and the hereafter
• to provide guidance for all human action or practice is in
accordance with the will of God, then the scholars have agreed
that there are four main sources of Islamic law that is al-Qur'an,
hadis, ijmak, and qiyas.
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2.0: Main Sources/ Primary source
Quran- Main sources and complete guidance for mankind
Hadis- the record of the words, actions, and the silent approval of the
prophet Muhammad. Hadith have been called "the backbone" of
Islamic civilization, and within that religion the authority of hadith as
a source for religious law and moral guidance ranks second only to
that of the Qur'an
Ijmak- Unanimity among ulamak or Islamic scholars
Qiyas- the principle of analogy applied in the interpretation of points
of Islamic law not clearly covered in the Quran or hadis
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Sources of Islamic law
a. Main source of Islamic Law (Evidence of Qat'ei)
b. Additional Resources or Legal Side of Islam (Evidance of
Zanni)
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1. Al-Qur’an
Main Sources/ Evidance of Qat’ei
knowledge Islamic law
manners
rules
Supernatural
news
news that
has
happened,
now, and
future
the importance of al-Qur'an
“Alif, Laam, Mim, thus al-Qur'an that there is no doubt
about it, it is a guide to those who believe. "(Surah Al-
Baqarah 2:1)
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Cont..
- The Qur’an was verbally revealed from God to Prophet
Muhammad through the Jibril, gradually over a period of
approximately 23 years, beginning on 22 December
609 AD when Muhammad was 40, and concluding in 632 AD.
Proclaim! (or read!) in the name of thy Lord and Cherisher, Who created-
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• The Qur’an contains 114 chapters
• which are Called Surah in Arabic
• The surah contain 6666 verses(ayahs)
• Name of Qur’an:
• al Furqan (The Discrimination):
• al Dhikr (The Exposition);
• al Bayan (The Explanation);
• al Burhan (The Argument);
• al Haqq (The Truth);
• al Tanzil (The Revelation);
• al Hikmat (The Wisdom);
• al Huda (The Guide);
• al Hukm (The Judgment);
• al Mau'izah (The Admonition);
• al Rahmat (The Mercy);
• al-Noor (The Light);
• al-Rooh (The Word)
Details of Qur’an
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Cont..
The Qur’an was revealed over two periods which are known as Meccan
and Medinan.
Medinan period predominately contain ayahs of a political, social and legal
character.
Total No. of Meccan Suras 86
Total No. of Madinan Suras 28
There are a total of 200 verses related to legal rulings in the Qur’an and
these may be classified as follows:
1. 70 verses on family and inheritance law
2. 70 verses on obligations and contracts
3. 30 verses on criminal law
4. 20 verses on procedure.
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2. Hadis
Hadis
in words
in the
nature
In
behavior
In act
in the
journey
of life
Legality of the Qur'an, as the word of God that says:
"And any other instructions that are carried by the Messenger assigns
to you will take it and apply it, and whatever he forbids you, abstain
prohibitions.“ (Surah Al-HASYR 59:7)
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Definition of Hadis
Definition: Hadith is the Prophet Muhammad's behavior whether it be a word, act, or
resolution (taqrir).
Hadith is the second source of Islamic law after the Qur'an.
Function of hadith:
• To clarify details of general statement in the Qur'an
• To make it specific and particular example: in Ibadah solat, puasa, zakat,
• To explain the instructions of the Qur’an
Shabbir opines that Hadith might be transmitted in the following three forms:
1. Qawl, which means all the sayings and the utterances of the Prophet Muhammad
2. F’al, which denotes the actions and daily practices of the Prophet Muhammad
3. Iqrar, which denotes the tacit approval on the part of the Prophet of acts done and
practices carried on by his followers.
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Cont..
Shabbir further states that Hadiths have been classified according to their
origin, degree of authority and reference to persons.
In respect of origin, the Hadiths are classified into kudsi and nabi Hadiths.
 Kudsi generally denotes the Hadith, which had been uttered by Prophet under divine
inspiration.
 Nabi denotes the Prophet’s uninspired opinion or judgment.
In respect of the degree of authority, to classify the Hadiths into the following:
1. Mutawatir (continuous), has an imperative character in that it bears a binding and
decisive personality.
2. Mashhoor (well known), have been derived from the knowledge of the majority but is
not universally adopted and has a lesser degree of legal enforcement in comparison with
mutawatir.
3. Ahad denotes those Hadith which are known to isolated individuals and have no value in
the sense of legal enforcement
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Cont..
4. Shohih hadith, hadith is narrated by Rawi fair, perfect memory, the chain is connected, no air illat, and not awkward. Illat
hadith in question is a vague illness that can tarnish the piety of a hadith
5. Hasan hadith, hadith is narrated by a narrator that is fair, but not so strong memory (hafalannya), connected to the chain,
and there is no awkwardness illat and substantially. Hasan hadith including hadith which are typically made effective arguments
for a case that is not too heavy or not too important
6. Dhoif hadith, hadith is that the loss of one or more conditions Shohih conditions or hadith hasan hadeeth. Dhoif hadith has
many kinds of types and degrees of difference from each other, due to a lot or at least the conditions Shohih or hasan hadith
are not met.
 Six officially adopted canonical collections of Hadith (Kutub Sittah):
(i) Sahih Bukhari
(ii) Sahih Muslim
(iii) Sunnan of Abu Dawood
(iv) Sunnan of Tirmidhi
(v) Sunnan Nasai
(vi) Sunnan Ibn Maajah
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3. Ijmak
Mujtahid scholars deal
Rule of ijmak :
All mujtahid scholars agree on Islamic law on the
problems associated
The existence of a number of scholars at the time of
mujtahid a problem or matter
All scholars agree on the law involved
mujtahid
Scholars agree mujtahid scholars produce their
views firmly, whether in the form of word or deed,
either alone or in groups
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Four main Islamic schools of legal thought
– Mazhab
1. Hanafi, Abu Hanifa, Kufa, d. 767 A.D., prevalent in Turkey, Central Asia, Balkan, Iraq,
Syria, Lebanon, Jordan, Afghanistan, Pakistan, India, Bangladesh and Egypt.
Emphasis on human reason. The school with the most followers.
2. Maliki, Malik ibn Anas, Arabian Peninsula, d. 795A.D., prevalent in North Africa,
Mauritania, Kuwait and Bahrain. Uses the practice of the people of Medina as an
additional source. Limited reliance on Hadith
3. Shafii, Muhammad ibn Idris al-Shafii, d. 819 A.D.,prevalent in Sudan, Ethiopia,
Somalia, Indonesia,Malaysia. Founder of the the usul al-fiqh, Islamic jurisprudence.
Book: Risala – standard reference
4. Hanbali, Ahmad Hanbal, d. 855, prevalent in Saudi Arabia, Qatar, United Arab
Emirates, very conservative, only recognises primary sources
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4. Qiyas
Comparison between :
the new
problem
The exist
problem
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Analogy of Qiyas
A principle (asl), means root, origin, source, principle
- Illah, means effective cause or ratio legis of a particular ruling.
- Analogy then consists in extending a principle (asl) derived from the
Qur'an and the Sunnah to the new case
Reasoning by analogy or analogical deduction
- Requirements:
- Original case (asl) – wine drinking
- New case (far) – taking drugs
- Effective cause (illa) – intoxicating effect
- The rule (hukm) – prohibition
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4 pillars of qiyas:
Origin of the problems listed above player medals ruling in the
Qur'an, Hadith or consensus as sickle liquor ordinance in the Holy
Qur'an.
Original ruling of Islamic law in the problems explained in one of
the sources of law such as illegal alcohol
Branch or furu 'of the problems described in one of the sources of law in the
Qur'an, the Hadith, and consensus.
Illah or illat, the nature of the form reasonable cause birth original law just like
the law furu 'or new
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3.0: Secondary Sources/ Zonni
 Uruf- “ Adat”. Uruf often refers to three different types of legal
categories: 1) the way common people maintain order, 2)engage in
social interactions, or 3)conduct business locally
 Maslahah Mursalah- the considerations which secure the benefit or
prevents harm but is in harmony with the aims and objective of the
Shariah.
These objectives consist in protecting the five essential values and
principles (Al Dharuriyat) of the Shariah which include, the right to
religion, the right to life, the right to property, the right to mind and
the right to community (offspring)
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The Secondary Sources
 The secondary sources is the sources that not consensus
between ulama
 It’s derived on Islamic legal injunctions, besides the four
primary sources
 School of thought are differences only in aspect of fiqh. Cause
a differences of interpretations
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ISTIHSAN
 Determining the ruling based on their importance (maslahah) by pushing
the qiyas legal because it is against to the interests of specific
 Example-Islamic law forbids doing contract or purchase of goods that are
not available at the time of contract
 Istihsan-should contract of sale for items which are not in the contract.
 buying online, make a reservation, wage hires or all kinds of procedures
are no items in the contract
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Masalih Al- Mursalah
 Refers to matters about which there is no definitive judgement or precedent in the
Shari‘a but which are allowed because of their general benefit to the community, as long
as they do not go against an existing judgement
 A consideration which is proper and harmonious with the objectives of the Lawgiver
 it secures a benefit or prevents a harm, but the Shari`ah provides no indication as to its
validity or otherwise
 Example? driving license, fine
The factors are encourage jurist to consider the general welfare are the following:
 Attaining that which is beneficial
 Avoiding that which is harmful
 Preventing wrongdoing
 must be of a general nature and not for personal benefit
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URUF
 Uruf literally a custom, practice or usage by
the community
 Uruf is means a local custom which is not
in conflict with the Qur'an or the Sunnah
and a justification of a particular matter
provided that a ‘uruf does not contravene
any divine sanction
 This principle applies to things such as use
of language, food, clothing, etc
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CONDITIONS OF VALID URF
 Must represent a common and recurrent phenomenon
 Must not violate nass that is the definitive principles of the law
 Must be in existence at the time a transaction is concluded
 Must not contravene clear stipulation of an agreement
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ISTISHAB
 Put things in the second period on the first time law
 For example, istishab requires that once a contract of sale, or of
marriage, is concluded it is presumed to remain in force until there
is a change established by evidence
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MAQASID AL-SHARI`AH
• The goal, objective or purpose of the law of Allah be secret.
• The importance of knowing Masqasid al-Shari'ah is to
understand the Islamic texts and applied to the new problems
arise mainly mujtahid
• This objective of Shari’ah can be divided into three categories
namely:
• The essential (Daruriyyat)
• The complementary (Hajiyyat)
• The embellishments (Tahsiniyyat)
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Cont…
• There Masqasid al-Shariah in relation with human have five
things under al-Daruriyyat (al-daruriyyah al-khomsah):
• 1. Hifzud din = preserve religion
• 2. Hifzun nafs = preserve soul / life
• 3. Hifzul `aql = preserve common sense
• 4. Hifzun consanguinity = preserve offspring
• 5. Hifzul mal = preserve propety
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4.0 Fiqh Rules
1. Matters are determined by intentions
2. Certainty is not overruled by doubt
3. Hardship begets facility
4. Custom is law
5. Harm must be removed
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FIQH METHOD
Definition
 fiqh rules may be arguments to a problem,if the method is a strengthened by
evidences from the Al Quran or Sunnah. If the problem has evidences in Islamic
law, then the problem can be made as a reference but in the event of a problem
occurring, there is no mentioned evidences or discussed, so the method can be
arguments for the problem
There are five rule of fiqh
1. Matters are determined by Intentions
Definition
• Every action or thing should be started with the intention. Good intention will be
rewarded, and bad intention, but as long as the act not be done, it is not a sin.
• Intention is not just a pronouncement but should be done with sincerity and to
control the passions themselves.
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Cont..
• ‫الخطاب‬ ‫بن‬ ‫عمر‬ ‫حفص‬ ‫أبي‬ ‫المؤمنين‬ ‫أمير‬ ‫عن‬
(
‫عنه‬ ‫هللا‬ ‫رضي‬
)
‫قال‬
:
‫هللا‬ ‫رسول‬ ‫سمعت‬
(
‫عليه‬ ‫هللا‬ ‫صلى‬
‫وسلم‬
)
‫يقول‬
" :
‫فهجرته‬ ،‫ورسوله‬ ‫هللا‬ ‫إلى‬ ‫هجرته‬ ‫كانت‬ ‫فمن‬ ،‫نوى‬ ‫ما‬ ‫امرئ‬ ‫لكل‬ ‫إنما‬ ‫و‬ ‫بالنيات‬ ‫األعمال‬ ‫إنما‬
‫إليه‬ ‫هاجـر‬ ‫ما‬ ‫إلى‬ ‫فهجرته‬ ،‫ينكحها‬ ‫امرأة‬ ‫أو‬ ‫يصيبها‬ ‫لدنيا‬ ‫هجرته‬ ‫كانت‬ ‫ومن‬ ،‫ورسوله‬ ‫هللا‬ ‫إلى‬
( ."
‫إماما‬ ‫رواه‬
‫ثين‬ّ‫د‬‫المح‬
:
‫الح‬ ‫وأبو‬ ،‫الجعفي‬ ‫البخاري‬ ‫بردزبه‬ ‫بن‬ ‫المغيرة‬ ‫بن‬ ‫إبراهيم‬ ‫بن‬ ‫إسماعيل‬ ‫بن‬ ‫محمـد‬ ‫عبدهللا‬ ‫أبو‬
‫سين‬
‫المصنفة‬ ‫الكتب‬ ‫أصح‬ ‫هما‬ ‫اللذين‬ ‫صحيحيهما‬ ‫في‬ ‫النيسابوري‬ ‫القشيري‬ ‫مسلم‬ ‫بن‬ ‫الحجاج‬ ‫بن‬ ‫مسلم‬
• Hadis daripada Saidina Umar (riwayat Muslim)
"....sesungguhnya setiap pekerjaan itu diambil kira berdasarkan niat, dan
sesungguhnya bagi setiap orang apa yang diniatkannya. Sesiapa yang berhijrah
kerana Allah swt dan Rasul-Nya maka hijrah itu kerana Allah swt dan Rasul-
Nya. Sesiapa yang berhijrah kerana dunia yang ingin diperolehinya atau sesiapa
yang berhijrah kerana wanita yang ingin dikahwininya, maka hijrahnya itu
berdasarkan apa yang ia hijrahkannya
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2) Certainty is not overruled by doubt (Al-yaqinu la yazulu bish-shakk)
• It also meant, something that was believed, should not be abandoned just because
of doubt or suspicion.
• ِ‫ل‬‫و‬ُ‫س‬ َ‫ر‬ ‫ى‬َ‫ل‬ِ‫إ‬ ‫ا‬َ‫ك‬َ‫ش‬ ُ‫ه‬َّ‫ن‬َ‫أ‬ ِ‫ه‬ِ‫م‬َ‫ع‬ ْ‫ن‬َ‫ع‬ ٍ‫يم‬ِ‫م‬َ‫ت‬ ِ‫ْن‬‫ب‬ ِ‫د‬‫َّا‬‫ب‬َ‫ع‬ ْ‫ن‬َ‫ع‬
‫ال‬ َ‫م‬َّ‫ل‬َ‫س‬ َ‫و‬ ِ‫ه‬ْ‫ي‬َ‫ل‬َ‫ع‬ ‫هم‬َّ‫الل‬ ‫ى‬َّ‫ل‬َ‫ص‬ ِ َّ
‫اَّلل‬
ُ‫ل‬ُ‫ج‬َّ‫ر‬
ِ‫ة‬ َ
‫َل‬َّ‫ص‬‫ال‬ ‫ي‬ِ‫ف‬ َ‫ء‬ْ‫ي‬َّ‫ش‬‫ال‬ ُ‫د‬ ِ‫ج‬َ‫ي‬ ُ‫ه‬َّ‫ن‬َ‫أ‬ ِ‫ه‬ْ‫ي‬َ‫ل‬ِ‫إ‬ ُ‫ل‬َّ‫ي‬َ‫خ‬ُ‫ي‬ ‫ي‬ِ‫ذ‬َّ‫ال‬
َّ‫ت‬َ‫ح‬ ْ
‫ف‬ ِ
‫ر‬َ‫ص‬ْ‫ن‬َ‫ي‬ َ
‫َل‬ ْ‫و‬َ‫أ‬ ْ‫ل‬ِ‫ت‬َ‫ف‬ْ‫ن‬َ‫ي‬ َ
‫َل‬ َ‫ل‬‫ا‬َ‫ق‬َ‫ف‬
َ‫ع‬َ‫م‬ْ‫س‬َ‫ي‬ ‫ى‬
‫ا‬ً‫ح‬‫ي‬ ِ
‫ر‬ َ‫د‬ ِ‫ج‬َ‫ي‬ ْ‫و‬َ‫أ‬ ‫ا‬ً‫ت‬ ْ‫و‬َ‫ص‬
Dari Abbad bin Tamim dari pamannya berkata : “Bahawasanya ada seseorang yang mengadu
kepada Rasulullah bahawa dia merasakan seakan-akan kentut dalam solatnya. Maka Rasulullah
bersabda : “Janganlah dia batalkan solatnya sampai dia mendengar suara atau mencium bau.” (HR.
Bukhari : 137, Muslim : 361)
• It is based on many evidences that indicate when there is doubt, then have to go back to
the original conviction.
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• There are two things that confidence and suspicion .
 Confidence
Confidence is a feeling in heart when he have confidence because there is something
relevant or strong evidence.
 Suspicion
something doubt in heart when do not have evidence or inconclusive evidence.
• Therefore, when there is a confuse between confidence and doubt, then confidence will
be taken
• Islam teaches us to be trying to avoid something that may cause suspicion. This is
because doubt can cause confusion in many instances, it can bring trouble to us.
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3. Hardship begets facility
Hadis daripada Abu Hurairah yang diriwayat oleh Bukhari dan Muslim :
‫ميسرين‬ ‫بعثتم‬ ‫إنما‬
,
‫معسرين‬ ‫تبعثوا‬ ‫ولم‬
Terjemahan : Sesungguhnya kamu diutus untuk memudahkan dan bukan diutus untuk
menyusahkan.
• When there is a difficulty or hardship or difficulty (the accepted
Islamic law) in the performance of God's commandments then enabled
made something easier or more convenient.
• There is no burden in religion (Islam).
• “Allah menghendaki kamu beroleh kemudahan dan ia tidak
menghendaki kamu menanggung kesukaran”(Surah Al-Baqarah:185)
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4. Harm Must be Removed
• Every hands off can be a danger to be eliminated
• Hadis Nabi Muhammad, sejarah Malik dari 'Umar ibn Yahya, al-Hakim, al-Bayhaqi dan al-Daruquthni
daripada Abu Said al-Khudri dan Ibn Majah sejarah Ibn' Abbas dan 'Ubadah bin al-Samit:
• َ‫ار‬َ‫ر‬ ِ
‫ض‬ َ‫َل‬ َ‫و‬ َ‫ر‬َ‫ر‬َ‫ض‬ َ‫َل‬
"Tidak perlu membuat madharat kepada diri sendiri dan tidak perlu membuat madharat
kepada orang lain".
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35

There are 5 methods
1. Emergency Rules require that the prohibited substance which eats carrion.
2. What is allowable in accordance with the rate of emergency fire escape only
3. Harm can not be removed by evil
4. When there are two evil then take a lighter and leave heavier
5. (Law Criminals)-Pushing the world's top evil is taking good
 Everything detrimental to the individual or another individual strongly prohibited.
Therefore, any activity amar makruf nahi mungkar committed to taking
injuriously and can be faced by the individual)
 Examples of things that harm is an infringement of intellectual property
rights.This is because Islamic law prohibits individuals from doing harm to others
like stealing other people's work
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5. Custom is law
 This method means that custom, urf or familiarity of a place that can be a
source of law in determining the specific laws that there are no explicit
resources existing Islamic law.
 What Muslims see or think is right, it is also right in the sight of Allah swt.
 Hadis :”Apa –apa yang dipandang baik oleh kaum muslimin maka ia
dianggap baik disisi Allah sementara apa-apa yang dipandang
buruk oleh kaum muslimin itu maka ia diangggap buruk oleh Allah.”(HR
Bukhari)
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P.O.L.C FROM QURAN
PLANNING-Allah the best planner (Ali-Imran, 173)
ORGANIZING- task assignment for qualified person(An-nisa, 58)
LEADING-follow the right path (Al-Baqarah, 38)
CONTROLLING- control the nafs ( desire) (Al-Isra, 32)
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38

ACTIVITY 2
1. Find one Hadis about wealth management and one surah about
health management.
2. Complete your Activity 2 through poster (A4 saiz)
3. Suggestion Apps : Canva, Poster Maker, etc
4. Submit via Online Learning
Adib Abd Muin 2020
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Chapter 2: The Sources of Management in Islamic Perspective

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Chapter 2: The Sources of Management in Islamic Perspective