The document provides an overview of Shariah, including defining Islam and its components of Aqidah, Shariah and Akhlaq. It explains the five pillars of Islam and six articles of belief. It distinguishes three types of Muamalah Ammah: Ibadat which governs the relationship between humans and God, Muamalat which governs human interaction, and Jinayat which governs criminal acts. The objectives and salient features of Shariah are also described.

1. OVERVIEW OF SHARIAH
MOHD GHADAFI BIN SHARI

2.  Definition of Islam, pillars of Islam, articles of
belief, the objectives and salient features of
Shariah.
 Assessment; Tutorial Exercise 1

3. DESCRIBE THE CONCEPT OF SHARIAH
1.1.1 Define Islam and its components
a. Aqidah
b. Shariah
c. Akhlaq
1.1.2 Explain five pillars of Islam and six articles of belief
1.1.3 Distinguish three types of Muamalah Ammah
a. Munakahat
b. Muamalat
c. Jinayat
1.1.4 Describe the objectives of Shariah
a. Happiness in life and success in the world hereafter
b. Promote human welfare based on Daruriyat, Hajiyat and
Tahsinyat
c. Five daruriyat necessities-preservatives of religion, life, intellect,
lineage and wealth
1.1.5 Explain the salient features of Shariah
a. Rabbaniyah (divine)
b. Syumul (complete)
c. Alammiyah and Ummumiyyah (universal)
d. Waqa’iyyah (realistic)
e. Murunah (flexible)

4. “This day I have perfected your religion for
you, complete My blessing on you and
approve Islam as the way of life for you”
(al-Maidah: 3)

5. 1.1.1 Define Islam
and its components

6.  The Arabic word 'Islam' simply means
'submission', and derived from the word meaning
'peace'. In a religious context it means complete
submission to the will of Allah (SWT) Islam is not
mere religion but a “ad-deen”, meaning „the way
of life‟. It touches upon the material as well as
spiritual dimensions of human existence.

7. The word Islam is derived from the Arabic root word “SALAM”
which means, among other things, peace, purity, submission and
obedience. In the religious sense the word Islam means
submission to the Will of God and obedience to His Law. Only
through submission to the Will of God and by obedience to His
Law can one achieve true peace and be in harmony with the
created and the creator Himself. Muslims are those who submit
themselves in obedience to Almighty God. Therefore anyone
who does not follow his or her own will but follows the will of
Almighty God is a Muslim.

8.  A person who believes in and consciously follows Islam
is called a Muslim. This is so as to differenciate a Muslim
from followers of other religions. The word also from the
same root word. So, the religion is called Islam, and a
person who follows it is a Muslim.

9.  Aqidah
;Aqidah is defined as the firm belief without any wavering or doubt in Allah
(SWT), His Prophets and Angels, the Hereafter, Holy Book and
predestination. It is the main foundation in Islam and a starting point in order
to be a good Muslim. It is reflected by the activities done by him. The
Prophet Muhammad (saw) described Islam as a building where its
foundation is aqidah. The foundation of aqidah in Islam is the six pillars of
faith (arkan al-iman).
 Shariah
;Shariah is the set of rules derived from both the Quran and the authentic
traditions (sunnah) of the Prophet Muhammad (saw) and the scholarly
opinions (ijtihad) based on Quran and Sunnah. The shariah contains
categories and subjects of Islamic law called the branches of fiqh (Islamic
jurisprudence).
 Akhlaq
;Practice of virtue, morality, and manners in Islamic theology and
philosophy. It consists of relationship between man and Allah (SWT),
man and man and man and other creatures.

12.  Aqidah governs the principles of faith and belief in
Islam. It is derived from the word aqad which means
tie or knot. Aqidah from an Islamic point of view
means strong beliefs in the heart of the person to
Allah the Almighty and His Prophet, Muhammad
p.b.u.h.
 Aqidah is the main foundation in Islam and a starting
point in order to be a good muslim. It is reflected in
the activities conducted by the prophet. Prophet
Muhammad describes Islam as a building whereby its
foundation is Aqidah.

14. ◦ Root word of shara`a, means to start, begin or
commence
◦ Literally: the way to watering place, all creation need it to
survive
◦ Technically: all the rulings that Allah has enacted for His
servants.
◦ In other words, Syariah is the way which directs man’s
life to the right path.
◦ From the words “to the right path” came the meaning of
“law”.

15.  Shariah is what has been sent down by Allah to His
Prophet as a revelation (wahyu) via al-Quran and the
prophetic tradition.
 It consists of every single aspect that relates to the
religion of Islam.
 It is not a set of codified law, but it is a general principle
derived mainly from Quran and hadith.
 Shari`ah, conceptually, refers to a set of rules, regulations,
teachings, and values governing the lives of Muslims.
However, these rules and regulations, contrary to how
they are often described by many non-Muslims, cover
every aspect of life. Shari`ah embraces worship, morals,
individual attitude and conduct, as well as the political,
social, economic, criminal, and civil spheres

16. ◦ Root word of faqiha, to understand, grasp, comprehend,
apprehend, realize, or to know or to have knowledge of
something.
◦ Literally: 1) a very deep understanding which recognizes
the objectives and purposes behind certain sayings and
actions. 2) the knowledge of the essence of something
and reaching the in depth of it. 3) the true understanding
of what is intended.

17.  The seven heavens and the earth, and all being
therein declare His glory, and there is not a single
thing but celebrates His praises; and yet you [O
mankind] understand not how they declare His glory.
(Surah al-Isra’, 17: 44)
 They said: O Shuib! Much of what thou sayest we do
not understand. (Surah
Hud, 11: 91)
 Moses said: O my Lord! Open up my heart [to Thy
light], and make my task easy for me, and remove the
impediment from my speech. So that they might fully
understand what I say. (Surah Taha, 20:
25-28)

18. 1. According The Mejelle: ‘Fiqh is to know the
practical propositions of the Shariah’.
2. According to Imam Abu Hanifah who devided into
2: ‘Minor fiqh – includes all the existing
components of fiqh such as ibadah, muamalat,
uqubah,munakahat, siyasah shariyyah, ets and
excluding the topic on belief and faith (aqidah) as
well as al-akhlaq (morality). Major fiqh –
comprise all the topics in the minor fiqh and
including the topics on belief and faith (aqidah) as
well as al-akhlaq (morality).

19.  The definition given by Imam Hanafi including
belief, faith and morality is because all these are
integrated and inter-related knowledge of Shariah.
 3) The most precise, specific and widely accepted
technical meaning as pronounced by Imam al-
Shafie: ‘The knowledge of the rulings of the
Shariah, relating to human’s acts and that
has been derived from specific sources
and evidence’.

20. Shariah Usul al-Fiqh Fiqh rulings Taqnin
Qanun
Applied Shariah = Fiqh
Applied Fiqh = Qanun

21.  It is reported that when Muaz bin Jabal was sent as the
Prophet’s delegate to Yemen, he was asked how he would
decide matters referred to him. He replied: I would refer to
the Holy Quran. The Prophet then asked him: What would
you do if you cannot find a definite ruling in the Quran?
Muaz replied: I will look into the Sunnah of the Prophet.
Once again the Prophet asked: How if you do not get a
definite ruling therefrom? Muaz replied: I will then use my
reasoning to arrive at a solution. The Prophet was pleased
with this answer and gave praise to Allah for giving him such
a worthy representative.

22.  Prime sources of Islamic law:
1) The Holy Quran
2) The Sunnah
 Secondary sources:
1) Ijma’. Allah says: ‘Obey God and obey
the Prophet and those amongst you who have
authority’
2) Qiyas (Analogical reasoning/
deduction)

23.  Istihsan (Juristic Preference)
 Maslahah Mursalah (Consideration of public
interest)
 Istishab (Presumption of continuity)
 Urf (Custom)
 Qawl al-Sahabi (Opinions of companions)
 Sad al-Zara’i (Blocking the means)
 Shar’u qablana shar’u lana (Revealed laws of the
previous prophets of Islam)

25.  Akhlaq defines the Islamic ethical code as it relates
to personal conduct. It covers all aspects of Muslim
behaviour, attitude, work ethics by which he
performs his practical actions. Akhlaq in Islam
consists of the relationship between man and man,
man and Allah, and man and others.
 In other words, akhlaq is based on the submission
of Muslim to Allah and the attitude of prophet
Muhammad as a role model to all Muslims.
 To summarise, akhlaq concern the behaviour,
attitude, works ethics by which a Muslim performs
his practical action.

26. 1.1.2 Explain five
pillars of Islam and
six articles of belief

27. 1. Testimony of Faith (Kalima) / Witnessing-
Shahadah
2. Prayer (Salat)
3. Fasting (Sawm)
4. Charity / Almsgiving (Zakat)
5. Pilgrimage (Hajj)

28.  This is simply the declaration, "I bear witness that
there is no deity but Allah, and I bear witness
that Muhammad is His servant and
messenger."When one declares this statement, one
testifies to the Unity of Allah, and to the message of the
Prophethood. When one bears witness that Muhammad is
His messenger, one is confirming that all of the prophets
before him were also His messengers - Allah is One and
His message is one (that is Al-Quran). A person becomes
a Muslim when he or she declares this statement with
purity of heart and conviction of faith.

29.  Formal prayer is the most important act of worship; it
is mankind's connection to Allah through which one
gathers strength, guidance and peace of mind. Islam
prescribes five formal prayers daily, through which
Muslims repeat and refresh their beliefs, taking time
out of their busy day to remember Allah and renew
the effort to follow His guidance. Five times each day
(before dawn, noon, afternoon, after sunset, and
evening) Muslims rise, cleanse with water, and
present themselves directly before Allah for prayer.

30.  What the prayers seek to do five times a day, fasting in the month
of Ramadan (9th month of the lunar year) does once a year.
During this month, Muslims do not eat anything nor drink even a
drop of water during the daylight hours. Each and every moment
during the fast, we suppress our desires and remember Allah
alone. This places in us a consciousness of duty and a spirit of
patience that helps strengthen faith in Allah. Discipline and
hardship during this month bring us face to face with the realities
of life and the suffering of so many throughout the year. The
whole month is filled with increased devotion, piety, and purity of
mind, soul and body.

31.  Obligatory charity giving is an act of worship and spiritual
investment. Zakah does not only purify the property of the
contributor but also purifies his heart from selfishness and
greed. It also purifies the heart of the recipient from envy
and jealousy, from hatred and uneasiness and it fosters
instead good-will and warm wishes for the contributors. It
also frees society from welfare, distrust and corruption.
Zakah is paid on the net balance after paying personal
expenses, family expenses, due credits, taxes, etc. Taxes
paid to government do not substitute for this religious
duty.

32.  Once in a lifetime, a Muslim who is financially and
physically able must go on the pilgrimage to Mecca,
Saudi Arabia, during the month of Hajj (12th month
of the lunar year). Mecca is the spiritual center of the
Muslim world. It was here that Abraham built the
first house of worship (the Kaaba), towards which all
Muslims stand in unity in their daily prayers.

33. 1. Faith in the Unity of God
2. Faith in Allah's Angels
3. Faith in Allah's Prophets
4. Faith in Allah's Revealed Books
5. Belief in Resurrection after Death and Day
of Judgment
6. Belief in Premeasurement (Qadar)

34.  There is One God, Supreme and Eternal, Creator and
Provider, Who is Merciful and Compassionate. God has
never fathered anyone, nor was He fathered, and no sons
or daughters. God has no equals. He is God of all
humankind, not of a special tribe, race, or group of
people. He is the God of all races and colours, of
believers and unbelievers alike. God is Mighty and
Supreme, yet is also very near to pious, thoughtful
believers, answering their prayers and helping them. God
asks us to know Him, to love Him, and to follow His Law,
for our own benefit and salvation.

35. Angels are pure and spiritually obedient beings,
created by God to fulfill His commands and worship
Him tirelessly.
All Messengers and Prophets of God such as Noah,
Moses, Solomon, Jesus and Muhammad were
mortal human beings endowed with Divine
Revelations and appointed by God to teach
humankind how to submit to His will and obey His
Laws.

36.  Muslims believe in the Revelations sent by
Almighty God to His Prophets and Messengers
including the Qur’an, the Torah, the Gospel, the
Scrolls of Abraham and the Psalms of David.

37.  After the world ends, Muslims believe that all
people who have died will be brought back to life
(or, resurrected) in order to face the Judgment
rendered to each of them by Almighty God.
Muslims believe in an appointed Day of Judgment
and in Heaven and Hell.

38.  We believe everything in this world happens by
the will of Allah, whether it is good or bad.
Muslims believe that Almighty God has knowledge
of, and control over, everything that exists in all
time and space.

39. 1.1.3 Distinguish
three types of
Muamalah Ammah

41. 1. Fiqh Ibadat – It is referred to the relationship
between human being and the Almighty God as
The Creator.
2. Fiqh Muamalat – It is referred to the interaction of
humans among themselves.
 In terms of application, they are no difference
between these two since both rulings are derived
from the same Quran and sunnah.

42.  Ibadat (Act of devotion & worship): Ibadat rulings
are related to specific ritual and religious
observance and governs the relationship between
human being and the Almighty God as the
Creator. It is made up of Compulsory (wajid/fard)
like 5 times prayers, Recommended
(sunnah/mubah) such as giving charity, and so on.

43.  The word ibadah is derived from abd which means
‘servant and slave’.
 Therefore the meaning of ibadah is servitude and
slavery.
 It is concerned with the practicalities of worship to
Allah, in the context of the relationship between man
and his Creator.
 The rules of ritual purification, prayer, pilgrimage,
fasting, war (jihad) and some other form of worship
are dealt with under this heading.
 Most of these rules deal with the rights owed to
Allah by the individuals alone or by the community
as a whole.

44.  Fiqh Ibadat:
1. Original ruling is prohibition unless there is clear evidence on
its permissibility.
2. Devotional matters are standardized and fixed with very strict
rules and regulations.
3. Devotional matters are made of guidance from the Quran
and sunnah.
4. Wisdom and rationale behind certain act of worship are
sometimes not easily understood by most people.
5. Basic norm in ibadat is based on total submission to Allah
without taking into account the rationale, meaning and
effective cause.

45.  Muamalat/adat (custom/practice): It governs the
relationship and interaction of humans among
themselves. Meaning to say, it indicates every
human actions and activities in general. It includes
Munakahat (Family law), Muamalat (commercial
law), siyasah shariyyah (constitutional law &
administration), alaqah dawliyyah (laws on
diplomatic relations).

46.  Fiqh Muamalat:
1. Original ruling is permissibility unless there is a clear
evidence on its prohibition.
2. To declare a transaction is valid, there is no need to search
for affirmative evidence in the sources.
3. Commercial matters are flexible, changeable, temporary and
varies according to the time, place, custom, and conditions
except for a certain rulings such as gambling, interest and
taking alcoholic drinks.
4. Basic norm in Muamalat is based on rationale, effective
cause and benefit.
5. The evidence that formed the basis of muamalat from Quran
and sunnah are mostly general and universal.

47.  Present a framework for conduct in the civil arena.
It is concerned with the practicalities of a person’s
daily life, in the context of relationship between
man and man, and other creatures which include
animal, plant and non-living things.
 Muamalat Ammah; 1)Munakahat, 2)Jinayat, and
3)Muamalat

48.  MUNAKAHAT; This area deals with marriage,
divorce, inheritance, guardianship and related matter.
 JINAYAT; Conduct related with offences against the
human body and tort are called jinayat. The term
jinayat also used for torts when the offence falls
under ghasb (usurpation, misappropriation) and italf
(destruction of property)
 MUAMALAT; Conduct that cover human activities
related to business, trade and efforts in accumulating
wealth and means or activities related to economic
development, in three areas:
◦ Political, Economic, and Social

49. 1.1.4 Describe
the objectives of
Shariah

51.  The purpose of Shariah is to make good persons and
a good society. Its whole objective is ethical and
moral.
 Shariah establishes what is good and beautiful. It is
impossible to fulfill the Shariah without becoming a
good person. A society that establishes the Shariah
must become a good and beautiful society.
 It is impossible to have a society compliant to Shariah
and have injustice, ugliness, and evil in it. It is also
impossible to have a good Muslim who is unjust,
unfair, unfaithful, and immoral

52. -Activities that brings benefit and avoiding badness
-Levels of priority
 Daruriyyat : Must have / Basic needs
 Hajiyyat : Should have
 Tahsiniyyat : Good to have

53.  These Necessities are defined as those activities and
things that are essential to the preservation of the five
foundations of individual and social life according to
Islam, Religion, Life, Mind, Lineage and Property. Their
neglect leads to total disruption and chaos in life.

54.  This category comprises all activities and things
that are not vital to the preservation of the five
foundations, but are necessary to relieve or
remove impediments and difficulties in life.
Conveniences promote and supplement the
Necessities and their neglect leads to hardship
but not to the total disruption of normal life.

55.  The Refinements refer to activities and things
that go beyond the limits of Conveniences and
whose realization leads to the improvement and
attainment of that which is desirable such as
jewellery, innocent hobbies, politeness in
behaviour and speech, Islamic manners in
cleanliness, moderation or avoiding
extravagance and etc.

56. 1. Protection of Religion (Din)
2. Protection of Life (Nafs)
3. Protection of Intellect (Aql)
4. Protection of Family (Nasb)
5. Protection of Property (Mal)

57.  First and foremost among the objectives of Shariah is the protection of
religion, as religion is the essence and spirit of life.
 Shariah also aims at protecting life. One cannot go and kill others nor
harm them in any way. The blood of others is sacred, and one of the
most serious sins in Islam is to kill innocent people.
 Shariah is also concerned with protecting the mind. Muslims should be
sober at all times and should not intake any intoxicants, whether
alcohol or drugs. Intoxicants are very harmful to societies and bring
much more destruction than benefit – if there is any benefit at all.
 Property in Shariah is also something that is highly protected.
Naturally, to feel a sense of security is to feel that the fruit of one’s
labor is protected and not subject to theft or molestation.
 Shariah is also very keen on keeping lineages clear and accurate.
Progeny is protected, and thus pre- and extramartial sexual relations
are forbidden and punishable. Shariah prohibits not only fornication and
adultery, but also all that lead to them.

58. 1.1.5 Explain the
salient features
of Shariah

59. Salient Feature of
Shariah
1. Rabbaniyah (divine)
2. Waqa’iyyah (realistic)
3. Alammiyah and Ummumiyyah (universal)
4. Murunah (flexibel)
5. Syumul (Complete)

60. Definition: Islam comes from Allah. Man simply executes
based on Allah’s orders
Category of Rabbaniah :
1. Rabbani in terms of goals and intentions
One’s intentions has to be specifically for Allah
One’s ultimate goal in life is to get Allah’s pleasure.
2. Rabbani in terms approach and resources
One’s approach and resources should be based on the
divine revelations to Prophet Muhammad (PBUH)

61. Al-Rabbaniyah
Objective and purpose
◦ To know the objective of life
◦ Recognize the stage of
preferences
◦ Free from internal conflicts,
anxiety and individualism
Problem
 Argue about the life
 Argue about the invisible
matter
Solution
 The concept of similarity
 The concept of taqwa
 Refusing of assabiyyah
Sources and methods
◦ Al-quran
◦ Al-hadith
 Mutawatir
 Masyhur
 Ahad
 Sahih
 Hassan
 Daif
 Maudu’
◦ Ijma’
 Kubra
 Sukuti
◦ Qiyas

62. Al-Rabbaniyyah
•Can be divided into:
• a. objective and concentration
• b. source and method

63. Al-Rabbaniyyah As An Objective
Know the objective of life
◦ To know our god by observing His creation
◦ as a garden to plant as much as u can
To recognize the stage of preferences
◦ fiqh al-awlawiyat
to free someone oneself from internal conficts and anxiety
about servant and his God
◦ the 20 attributes of Allah

64. Al-Rabbaniyyah As An Objective
(cont..)
• To free oneself from individualism
• the concept of ta`awun
• Tithe
• Sadaqah
• the concept of similarity
• Taqwa
• Refusing the concept of assabiyyah

65. Al-Rabbaniyyah As A Source &
Method
Mujma’ Alaih (Undisputed Sources)
◦ Al-Quran
◦ Al-Hadith
Muttafaq Alaih
◦ Ijma’ (Consensus)
◦ Qiyas
Mukhtalaf Fih
◦ Istihsan, Maslahah Mursalah, Al-Urf, Istishab

66. Definition:
The teaching of Islam is complete and
comprehensive.
The scope of Islam is all-encompassing with
guidance for all aspects of human life not
excluding the smallest to the biggest of
human conduct.

67. Syumul (Complete)
• The universality of
Islamic Revelation
• The sealed messenger
of God who came to
complete the message
of his fellow prophets
• The universality of
Islamic teaching
• Aqidah
• Syariah
• Morality

68. Definition:
The teaching of Islam is not for a
certain race or community but it
is for all ummah from all layers of
society.

69.  Alamiyyah also means:
- Universal/ Suitable in the sense that the teachings
of Islam transcend across time, space and
geographical boundaries.
- Applicable anywhere and anytime from past to the
present and the future.

70. Waqa’iyyah is realistic.
Islamic religious teachings may be used in daily life.
It’s not heresy or a myth like the other religions are
not so realistic.
Islamic religious teachings are used in the life of our
day. This proved to rule our country make the rules
using the guidelines contained in Islam although only
a few simple rules are applied.

71.  Murunah are springy and flexible.
 Islam is murunah (suitable for every age)
 Islamic teaching is flexible to everyone and can be apply
anywhere in the world.
 For an example: a few decade ago relegion of Islam has
been in existence and used until today, regardless nations
and cultures.
 Islamic teching is free for all human that live in this world.

73. ‫خير‬ ‫ا‬ ‫جزاكم‬
‫الجزاء‬
THANK YOU