Urf, or customary practices, plays an important role in Islamic law. Customs can help specify matters not clearly defined in sharia and adapt the law to different times and places. To be valid, a custom must be widely practiced and accepted, consistent with reason, and not contradict sharia or agreed contracts. Examples of valid customs include determining delivery responsibilities in contracts and resolving disputes based on normal practices. Customs help Islamic law account for cultural and historical context while upholding core religious principles.
Explain about How the Quran is used as the first source of Syariah, referring to Principles of Islamic Jurisprudence book by Prof. Mohammad Hashim Kamali,
3rd edition (2005)
Explain about How the Quran is used as the first source of Syariah, referring to Principles of Islamic Jurisprudence book by Prof. Mohammad Hashim Kamali,
3rd edition (2005)
Maqasid as-Shariah is very important subject in understanding the whole picture of Islamic law. Without the knowledge about maqasid as-Shariah, people will not be able to see the beautiful of Islam as it has been described in the Quran as the rahmah or mercy to the universe. Maqasid as-Shariah shows that every single law or regulations in the Islamic teaching are meant for the benefit of the whole universe since Islam was revealed to the universe. Shari'ah aims at the welfare of the people in this life and in the life hereafter, and for this purpose it has advised people to adopt such means and measures that may give advantage benefit/well-being to them and may ward off evil/injury/loss, from them.
Maqasid al-Shari'ah comprises those benefits/welfare/advantages behind the revelation of Islamic Laws.
It aims at the attainment of good, welfare, benefits, and warding off evil, injury, loss, etc. for the creatures. (All this in Arabic terminology can be stated as Masalih al-'Ibad.)
Many jurists have tried to explain the aims and objectives of Shari'ah upon which it is established.
Among the outstanding figures are the Malikite Abu Ishaq al-Shatibi, the Shafite al-'Izz ibn 'Abd aI-Salam, and the Hanbalite Ibn Qayyim al-Jawiziyyah.
Many jurists have tried to explain the aims and objectives of Shari'ah upon which it is established.
Among the outstanding figures are the Malikite Abu Ishaq al-Shatibi, the Shafite al-'Izz ibn 'Abd aI-Salam, and the Hanbalite Ibn Qayyim al-Jawiziyyah.
One of very important objective is:
Rahmah (Mercy or Compassion), that seek to eliminate prejudice, alleviate hardship and establish justice. The laws of the Qur’an and Sunnah also seek to promote co-operation and support within the family and the society at large.’Adl or Qist (Justice), is indeed a manifestation of God’s Mercy, but may also be seen as a principal objective of the Shari’ah.
One of very important objective is Rahmah (Mercy or Compassion), that seek to eliminate prejudice, alleviate hardship and establish justice. The laws of the Qur’an and Sunnah also seek to promote co-operation and support within the family and the society at large.’Adl or Qist (Justice), is indeed a manifestation of God’s Mercy, but may also be seen as a principal objective of the Shari’ah. An adequate knowledge of the maqasid
thus equips the student of Shari’ah with insight and provides him with a theoretical framework in which the attempt to acquire detailed knowledge of its various doctrines can be more meaningful and interesting.
Acts and Obligation (Islamic jurisprudence II)EHSAN KHAN
ACTS AND OBLIGATIONS
Shari`ah has been loosely defined as “Islamic law” and so has fiqh. These terms are not synonymous either in the Arabic language or to the Muslim jurists.
Maqasid as-Shariah is very important subject in understanding the whole picture of Islamic law. Without the knowledge about maqasid as-Shariah, people will not be able to see the beautiful of Islam as it has been described in the Quran as the rahmah or mercy to the universe. Maqasid as-Shariah shows that every single law or regulations in the Islamic teaching are meant for the benefit of the whole universe since Islam was revealed to the universe. Shari'ah aims at the welfare of the people in this life and in the life hereafter, and for this purpose it has advised people to adopt such means and measures that may give advantage benefit/well-being to them and may ward off evil/injury/loss, from them.
Maqasid al-Shari'ah comprises those benefits/welfare/advantages behind the revelation of Islamic Laws.
It aims at the attainment of good, welfare, benefits, and warding off evil, injury, loss, etc. for the creatures. (All this in Arabic terminology can be stated as Masalih al-'Ibad.)
Many jurists have tried to explain the aims and objectives of Shari'ah upon which it is established.
Among the outstanding figures are the Malikite Abu Ishaq al-Shatibi, the Shafite al-'Izz ibn 'Abd aI-Salam, and the Hanbalite Ibn Qayyim al-Jawiziyyah.
Many jurists have tried to explain the aims and objectives of Shari'ah upon which it is established.
Among the outstanding figures are the Malikite Abu Ishaq al-Shatibi, the Shafite al-'Izz ibn 'Abd aI-Salam, and the Hanbalite Ibn Qayyim al-Jawiziyyah.
One of very important objective is:
Rahmah (Mercy or Compassion), that seek to eliminate prejudice, alleviate hardship and establish justice. The laws of the Qur’an and Sunnah also seek to promote co-operation and support within the family and the society at large.’Adl or Qist (Justice), is indeed a manifestation of God’s Mercy, but may also be seen as a principal objective of the Shari’ah.
One of very important objective is Rahmah (Mercy or Compassion), that seek to eliminate prejudice, alleviate hardship and establish justice. The laws of the Qur’an and Sunnah also seek to promote co-operation and support within the family and the society at large.’Adl or Qist (Justice), is indeed a manifestation of God’s Mercy, but may also be seen as a principal objective of the Shari’ah. An adequate knowledge of the maqasid
thus equips the student of Shari’ah with insight and provides him with a theoretical framework in which the attempt to acquire detailed knowledge of its various doctrines can be more meaningful and interesting.
Acts and Obligation (Islamic jurisprudence II)EHSAN KHAN
ACTS AND OBLIGATIONS
Shari`ah has been loosely defined as “Islamic law” and so has fiqh. These terms are not synonymous either in the Arabic language or to the Muslim jurists.
Pacta Sunt ServandaIslamic PerceptionMd Anowar Zahid& .docxgerardkortney
Pacta Sunt Servanda:
Islamic Perception
Md Anowar Zahid�& Rohimi Shapiee��
Pacta sunt servanda - agreements must be obeyed - is a peremptory principle of
modern international law of treaty. What are the origin and nature of this doctrine?
Some say, its Latin wording indicates that it is of Roman origin. And this doctrine is
a must for the social good; without it the society will be a chaos. But how does Islam
perceive the notion? This paper finds that this doctrine came into being with the very
beginning of the creation of human souls by Allaah Whom they accepted as their Sole
Lord and made a commitment to follow His commands. And it is a principal tenet for
Muslims to adhere to because it is an inseparable part of their faith (Iman), a
command from their Lord and a practice (Sunnah) of their Prophet Muhammad
(peace be upon him). It is, therefore, obligatory not merely because it is good for the
society, but is also rooted in the teachings of Islamic doctrine and a Muslim’s
accountability in the life hereafter.
Keywords
Pacta Sunt Servanda, Shari’ah, Siyar, Treaty Obligation, Hudaibiyah
1. Prologue
The principle of reciprocity is the very backbone of both Siyar and international law. It
posits that unilateral acts by any State cannot create a law for another State unless the
other State willingly agrees to it either explicitly or implicitly. The reason behind this is
that States are sovereign entities which are not subject to any mundane superstate
authority.1 International treaties are an example of express agreement between States
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* Senior Lecturer, Faculty of Law at Universiti Kebangsaan Malaysia (National university of Malaysia). LL.B.(Hon.
Dhaka), LL.M.(Dalhousie), Ph.D.(Manchester). The author may be contacted at: [email protected]
/Address: Faculty of Law, National University of Malaysia, UKM Bangi 43600, Selangor Darul Ehsan, Malaysia.
** Professor, Faculty of Law at Universiti Kebangsaan Malaysia (National university of Malaysia). LL.B (Hon. Malaya),
LL.M (Monash), Ph.D. (Manchester). The author may be contacted at: [email protected] / Address: Faculty of
Law, National University of Malaysia, UKM Bangi 43600, Selangor Darul Ehsan, Malaysia.
1 L. OPPENHEIM, I INTERNATIONAL LAW 119 (H. LAUTERPACHT ED. 1955).
and international customs are typically an example of their implicit agreement. Both
treaties and customs are two important sources of Siyar and international law with one
fundamental difference that for Siyar these two sources must be friendly with Shari’ah
fountain sources such as the Qur’an and Sunnah. International law is, however, not
bound by this qualification because of its secular character. However, it is an interesting
question to ask: why should the States obey laws made by treaty or custom? The answer
is - because States have agreed to make them. In other words, agreements must be
obeyed, which is well-known in Latin terms as pacta sunt servanda. (Popularly known .
My slides during The Islamic Civilization class. We also organized one day exhibition at National Mosque,Malaysia with the same title. This class was facilitated by Dr Elmira Akhmetova.
Abu Hamid Al Gharnati is the figure that given by my lecturer, Dr Elmira Akhmetova from Department of History and Civilization, IIUM to discuss about it in our class, Muslim Historiography. This was little tough for me because of language barrier as many of the reference comes from Spanish language.
Biological screening of herbal drugs: Introduction and Need for
Phyto-Pharmacological Screening, New Strategies for evaluating
Natural Products, In vitro evaluation techniques for Antioxidants, Antimicrobial and Anticancer drugs. In vivo evaluation techniques
for Anti-inflammatory, Antiulcer, Anticancer, Wound healing, Antidiabetic, Hepatoprotective, Cardio protective, Diuretics and
Antifertility, Toxicity studies as per OECD guidelines
Acetabularia Information For Class 9 .docxvaibhavrinwa19
Acetabularia acetabulum is a single-celled green alga that in its vegetative state is morphologically differentiated into a basal rhizoid and an axially elongated stalk, which bears whorls of branching hairs. The single diploid nucleus resides in the rhizoid.
Introduction to AI for Nonprofits with Tapp NetworkTechSoup
Dive into the world of AI! Experts Jon Hill and Tareq Monaur will guide you through AI's role in enhancing nonprofit websites and basic marketing strategies, making it easy to understand and apply.
Read| The latest issue of The Challenger is here! We are thrilled to announce that our school paper has qualified for the NATIONAL SCHOOLS PRESS CONFERENCE (NSPC) 2024. Thank you for your unwavering support and trust. Dive into the stories that made us stand out!
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Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
Welcome to TechSoup New Member Orientation and Q&A (May 2024).pdfTechSoup
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3. Custom plays an important role in the
development of Islamic law.
One of the feature of Islamic law is that
some of its ruling can change according to
the changes of circumstances, i.e.place,
time,custom and the behavior of people.
This is why it is possible for this law to be
practiced at any time and place.
However, there are some laws, which
were fixed and cannot be changed. These
are held to be immutable and suitable to
be implemented at all times.
5. Technical Definition
Various definitions of urf have been given by
Muslim jurists. According to:
Khallaf: What is established and practiced by
people from their sayings and doings,or not
doing.
Badran: What is established and common in a
group of people (jumhur) from their sayings and
doings, and is consistently repeated until it
influences them and is therefore accepted by
their reason. He further noted that not all that is
established and common can be considered
as„ urf, but it is that which is established and
common to the people with wise reason and
sound behaviour.
6. Zarqa’:The behaviour of a group of people
in their sayings or doings.
These definitions indicate that in order for
urf to be valid (as a hukm) it must be
consistent with the practice of a group of
people. Accordingly the practice of an
individual is not considered as an urf, but
a personal habit (adah fardiyyah).
Uruf= adah:known recurring practices
(words/action) acceptable by people of
sound nature/mind.
7. Custom plays an important role in the
growth of Islamic law. Although, it is not
recognized as a major source of the law,
but it can be relied upon in matters where
the Shara did not give the exact details.‟
„Adah/custom have the authority and
therefore may;
specify a general matter
(takhsisal- amm)or;‟
restrict an unrestricted matter (taqyidal-
mutlaq).
8. Example:
If a contract does not specify whether the
delivery of the goods is the responsibility
of the purchaser or retailer, the prevailing
custom(normal practice) should be
depended upon to specify and clarify the
matter which is not stated in the contract.
9. Therefore, if there arises any dispute
among the people in a particular
transaction, the normal practice in that
particular transaction should be the
arbitrator to resolve the dispute.
However,if the custom contradicts a
stipulated agreement between the parties
involved, it(custom)is nullified.
The agreement should prevail & not the
practice because the statement or
condition which is agreed on in the
contract has greater authority over the
customary practice of the people.
10. THE INFLUENCE OF CUSTOM IN ISLAMIC
JURISPRUDENCE
Before Islam, the traditions and customs
were the basis of the Arab’s life, including
their religion, morality trade and
transactions.
With the rise of Islam, some customs were
abolished, and some of them remained.
Urf or adat is considered as having impact
in the formation of Islamic law.
11. 1.A number of texts, particularly of the
traditions were based upon custom and
usages.
Example:the principle of blood money or
diyah-is based upon customs.
2.The part of the sunnah based upon the
tacit approval of the Prophet comprises
many of the Arab customs .
Example: the Prophet was silent in a
number of commendable customs based
upon the Prophet s Sunnah.‟
12. 3.The customary of citizen of Madinah was
regarded as a sufficient concensus of
opinion.
Example:Maliki school of thought accepted
practice of Madinah people in the absence
of an explicit text.
According to Imam Malik the customary
conduct of the citizens of medinah(amal
ahli madinah)is accepted as source of law
in the absence of an explicit text.
13. The conducts of the citizens of medinah
was in most cases based uponc ustoms
and usages which had prevailed in that
city.
When the Arabs in their conquest were
introduced to customs unknown to them
which were not inconflict with any nass of
shariah, such customs accepted in the
shariah by means of consensus of jurists.
Example:Istihsan(JuristicPreference) like
the contract of istisna’.
14. CLASSIFICATION OF ‘URF
The Verbal (Qawli) and
Practical (Amali) Urf.
The General (Amm) and
Particular (Khass) Urf.
The Valid (Sahih) and
Invalid (Fasid)„Urf.
15. Verbal ‘Urf
Consists of the general agreement of the
people on the usage and meaning of
words for purposes other than their literal
meaning.
Example:The word solah–literally means
al-du a or request. However it has been‟
used in the Quran to describe the
obligatory prayers of Muslims, and this
second usage eventually become
predominant.
16. Practical Urf
Consists of commonly recurrent practices
of the people in daily life
Example: Taking vacations on certain days
(like travelers of Arab, or Europe in a
particular time in the year). and easy
transactions like bay al-ta’aati (buying or
selling something that cheap. The price as
such Rm2 or Rm3, like buying fried
banana- goreng pisang and etc), which is
accepted and valid as a form buying and
selling something.
17. General Urf
Common custom which is prevalent every
where among all people regardless of
time.
Example:Taking public bath, in relation to
payment made and the amount of water
consumed. This kind of contract is valid,
which is a necessity and is commonly
practiced and accepted every where.
Or the word nazar is known generally for
something compulsory) to do by a Muslim,
when we promised something to Allah,
because it is not an ordinary promise.
18. Particular Urf
Urf which is prevalent in a particular
locality, profession or trade.
This type of „urf is accepted by the people
in a particular place and not in all places.
Example: Muslim in Malaysians enter
homes leaving shoes out side their homes,
but Jordanians are not.
19. Valid Urf
Urf which does not contradict the Shari’ah
or deny the interest of people and at the
same time does not bring corruption.
Invalid Urf
Against the principle of Shari ah or it‟
denies the interest of people or it brings
corruptions.
Example:The practice of usury or riba in
transactions. Although it is common
among many people, it is against Shari ah,‟
therefore, such transactions are invalid
and must be avoided.
20. CONDITIONS OF VALID ‘URF
1.Reasonable and acceptable to the people
with wise reason and sound behavior.
2.Common and frequent recurrence-it must
be practiced by people commonly and
frequently regardless of location.
3.The custom must be in existence at the
time of the transaction,not an extinct
(passed) customary practice or a later
(not yet occur) custom.
21. Example:the price of an item accords to
the present currency known by both
parties even if it not mentioned in the
contract.
4.Does not contradict the text(whether nass
Quran or sunah, agreed contract)
Example:the practice of riba in
transaction-although it is widely practiced,
it has no legal validity.
Example:a person cannot breach an
agreed contract, as stipulated in the
contract.
22. EVIDENCES
QURAN
“Keep to forgiveness,enjoin urf and turn
away from the ignorant”(al-A raf:199)‟
Many mufassirun suggested that the
meaning of urf in this verse is synonymous
to ma ruf which means anything that is‟
good.Therefore, the custom of people shall
be considered in making legal judgment.
23. Al-Quran also has considered some of the
urf of the early Arab community as a legal
basis in its law. For instance, the principle
of diyat,which was practiced in the early
community,has been approved by the
Quran.
25. Evidence
HADITH
Reported by Aishahr.a:“Hind,the daughter
of Utbah,wife of Abu Sufyan, came to Allah
Messenger and said Abu Sufyan is a
miserly person. He does not give adequate
maintenance for me and my children, but
if I take from his wealth(some part of
it),with out his knowledge. Is there any sin
for me?”there upon,Prophet (SAW)
said,“take from his property what is
customary which may suffice you and your
children”.
26. Some commentators of Sunnah
(muhaddithun) suggested that this hadith
indicates the important role of custom and
it should be relied upon in matters where
Shara’ did not provide exact details.
Saying of Abdullah b.Mas ud:“what the‟
Muslims deem to be good. Is good in the
sight of Allah”.
27. The proof that can be deducted from this
quotation is that custom,if not against
Islamic teachings, is normally considered
as good practice to the Muslims and
acceptable by people and reason.
Therefore, such practice is accepted by
Allah. So, it can be regarded as a source
of law in Islam.
28. ROLES OF ‘URUF
Referring to the above sources,
earlier and more recent scholars of Islamic
law have agreed that custom is an
important source of Islamic law.
They have not objected to the role of
custom in solving the problem that arise in
Islamic law.
Imam Malik bin Anas for instance has
considered the practice of Madinah people
(amalahlal-Madinah) as a source of Islamic
law.
29. Similarly,Al-Syafie has made many ijtihads
on issues that arose when he was in Iraq,
but when he moved to Egypt he changed
some of his earlier opinions because of the
different circumstances and customs in
Egypt (old and new opinion of Shafie).
This is obvious in the past and present
literature of fiqh in which custom has been
utilized by the jurists to solve many issues
of fiqh.
30. RELATED MAXIMS
It can not be denied that with a change of
times the requirements of the law.
Example:It is permitted in our time to
shut the door of the mosque,when it is not
prayer time to avoid theft.
Offer and acceptance in electronic based
contract (ATM,internet banking and etc)
31. A thing known by common usage is like a
stipulation, which has been made.
Meaning:
The custom must be accepted by people
or society
Example: In manufacture of cloth, as a
custom, customer will give cloth and size
of body to tailor.
Subsequently, a tailor will make clothes to
customer without giving any remaining
items back to the costumer.
32. A thing known amongst merchants is as
though fixed by a stipulation between
them (Art44)
Example:
If a merchant sold a commodity to a
purchaser without agreement as to the
time or a manner of payment and it was
customary for merchant to obtain the
price by weekly installment then the
contract of sale should be interpreted
according to particular customs.
33. A matter established by custom is like a
matter established by a legal text
Example:
A contract of sale using local currencies.
Therefore, any dispute over currency
payment, must be referred to the type of
currency used in that place of transaction,
unless it is stipulated otherwise.
34. RELATED MAXIMS
Effect is only given to custom where it is
regular occurrence or when universally
prevalent.
Meaning:
Custom is regular happen as well as not
against by shariah. Activity that have been
determined in the Quran or hadith can’t be
called customs like solat,hajj,fasting and
etc.
35. Customs is easy to accept in the society
and recurring practices by people.
Example:
Read Yaseen on Friday night
Reciting Doa after the solat
Reminder: Some Muslims consider these
kind of activities as Bid’ah. For some
Muslims, these are among the good
customs, as the bid’ah itself according to
them is divided into Bid’ah Hasanah and
Bid’ah Dalalah
36. The practice of people of certain places to
divide dowry in marriage contract into two
types.
The first is the dowry paid when the
contract is concluded, and second is the
dowry paid at a later period of time.
The custom that involves transactions is
the sale of offering and accepting or bayal-
ta’ati, which is normally concluded without
the utterance of offer and acceptance.
37. The customary images of certain words
among certain group of people such as the
usage of the word “doctor”.
In universities normally this title refers to
a person who holds a Ph.D degree, but
among a common people, this word
normally refers to a medical practitioner.
The End