The document discusses the origin and sources of Sharia law in Islam. It states that Sharia originated with divine revelation from Allah in the Quran and teachings of the Prophet Muhammad. Between the 7th-10th centuries, Islamic legal scholars interpreted Sharia and adapted it as the Muslim Empire expanded. The five primary sources of Sharia law are listed as the Quran, hadiths, qiyas, ijma, and ijtihad. Key features and the goals/objectives (maqasid) of Sharia are also summarized, including its focus on justice, public interest, and protecting religion, life, intellect, lineage, wealth, and honor.

1. DEPARTMENT OF HISTORY
TOPIC :
ORIGIN OF SHARIAH
SUBMITTED BY:
BITINA BEHERA
COLLEGE ROLL NO - BA22-131
UNIVERSITY ROLL NO -16R0022008
UNDER THE GUIDANCE OF:
Mr. Paramjit Singh
RAMA DEVI WOMEN’S UNIVERSITY
Vidhya vihar, Bhubaneswar- 751022

2.  What is there to fear about the Islamic
Shari'ah ?
 Islam is the most misunderstood
religion.
 Orientalist academics mostly question
the historical development of the
Islamic Shari'ah Law.
 Shari'ah is a complete way of life, not
just lawbased. A heavenly divine, not
man made legislation.
INTRODUCTION

3. Ibn Al-qayyim Al-jawziyyah States;
"Islam will always stand for justice and any
path that is taken towards justice is bound to be in
harmony with the Shari’ah and can never be against it."

4. What Is Shari’ah?
 Sharia is the moral code and religious law of Islam.
 The Shari'ah is all justice, kindness, common good and wisdom.
(Ibn Qayyim Al-jawziya).
 It is divine Law revealed in Quran and exemplified in the life of
Muhammad.
 Sharia is interpreted by Islamic judges (Qadis).
Definition of Shari’ah
 Literal:
- Watering place, path, broad way, pathway to seek salvation.
 Technical:
- What Allah the Almighty has prescribed unto mankind through
the medium of the Qur'an and the last and final Messenger, Prophet
Muhammad (saw).

5. ORIGIN OF SHARIAH
Since the Sharia originated with Allah, Muslims consider it sacred.
Between the seventh century when Muhammad died and the 10th
century, many Islamic legal scholars attempted to interpret the Sharia
and to adapt it to the expanding Muslim Empire.
Statements From the Classic Sharia
• A Muslim could be tried and punished for not performing his religious duties.
• A woman counted as one-half a man if called as a witness in a trial.
• When the owner of a female slave acknowledged her child as his own, the child
became free. The mother became free when her owner died.
• The most serious crimes in the Sharia included adultery, highway robbery, theft,
and drinking alcohol.
• Islamic criminal courts exercised due process of law.
• If witnesses were not produced, the defendant could be asked to take an oath
before Allah that he was innocent.
• Punishments included death by sword and stoning, mutilation, lashes, retaliation,
“blood money,” reparation, and imprisonment.

6. Sources Of The Shariah
There are 5 main sources of Islamic
Sharia as follow:
• Qur'an (The Holy book)
• Sunnah (Examples of Prophet)
• Qiyas (Analogical Reasoning)
• Ijma (Consensus)
• Ijtahd (Extrapolation)

7.  The Qur’an (The Holy Book)
- Contains historical accounts, legal injunctions, signs for contemplation,
eschatological matters: paradise and Hell, day of judgement and so on.
 Sunnah (Examples Of Prophet)
- Literal: a way, a path
-Technical: sayings, actions and tacit approvals of the Prophet (saw).
 Qiyas (Analogical deduction)
-Literal: Estimation and measuring
-Technical: Transferring of a ruling from the precedent to the subsidiary
(new case) on the basis of a common underlying cause existing between them
both Asl & Far’a.
 Ijma (Consensus)
-literal: determination and resolution
-Technical: The consensus of Mujtahids from the Ummah of the Holy Prophet
(saw) after his death in a determined period upon a legal ruling.

8.  Ijtahd (Extrapolation)
- Ijtahd is an Islamic legal term referring to independent
reasoning by an expert in Islamic law, or the thorough
exertion of a jurist's mental faculty in finding a solution to a
legal question.
CONTINUE…

9. Branches Of Shari’ah
 Belief- Attributes of Allah, Prophets, revelation,
unseen & eschatological matters.
 Worship- five pillars, spirituality, meditation,
devotion, contemplation.
 Commercial Transaction
 Social conduct- Family life, respect of parents,
neighbours, society and so forth.
 Moral conduct- Honesty, integrity, demency,
compassion, charitable, forgiveness and so on.
 Political Islam -legal punishments, administration of
land, protection of the boarders and so on.

10. Features of the Shari'ah
 Justice- To place things in their rightful places where
they belong.
-Justice is determined by Allah the Almighty, not by
humans .
-no discrimination between colour, racial background or
gender; all equal before the law.
-Ihsan and sincerity.
• Not individualistic or totalitarian.

11. • Continue…
 Consideration of Public interest-
- Gives priority to human welfare over human
liberty.
- The larger interests of society take precedence
over the interests of individual.
- Secures and promotes benefit and dismisses
hardship and corruption.
- A smaller harm is tolerated to avoid a bigger
harm, not vice -versa.
- A smaller benefit will be sacrificed to attain a
larger benefit, not vice versa.
 Not to over burden the Mukallaf (legally
commissioned person).

12. What is HAAD?
• Hadd literal meaning "limit", or "restriction“
• Hudud usually refers to the class of punishments that are fixed for
certain crimes that are considered to be “claims of God”.
• “Hudood” is one of four categories of punishment in Islamic Penal
Law as Qisas,Dia, Hadood and Tazir.
• There is no plea-bargaining or reducing the punishment for a Had
crime.

13. Crimes in Islam
 “Crime is an unlawful act for which punishment has been
prescribed by the Shariah by way of fixation or discretion.”
 Crimes under Islamic Law can be broken down into three major
categories.
I. Had Crimes (most serious).
II. Tazir Crimes (least serious).
III. Qisas Crimes (revenge crimes restitution).

14. Maqasid of Shari'ah
• Imam Ghazali (ra) states;
“What we mean by Maslaha (Maqasid) is
the preservation of the ends (and goals) of
the Shari'ah.”
 It is predicated upon securing the benefit
for the individual and community and
averting what is Harmful.

15. The three classifications of
objectives:
1. Dharoorat (Absolute Essential)-
Preservation of the five absolute essentials i.e.
religion, life,intellect, progeny and wealth.
2. Hajiyyat (Necessity)- Seek to remove the
hardship ensuring the smoothness of the
primary essentials. This category protects and
facilitates the above five essential.
3. Tahsiniyyat (Embellishment) - It seeks to
attain refinement and purification of the
primary essentials e.g. apply fragrance, to
bath, dress well, optional charity.

16. Maqasid of Shari'ah
(Protection of Religion)
• Establish places of worship.
• Freedom of other faiths to practice their
religion and construct places of worship.
• Permissibility to engage in healthy
dialogues.
• Allowing minority faiths to set up their
court systems.
• Permissibility of armed struggle to defend
the religion.

17. Maqasid of Shari'ah
(Protection of Life)
Human sanctity [17:33]
Providing the basic living necessities -
Food, shelter, clothing, medication.
Capital punishment
-To deter murder and genocidal act [2:179].
- Overrules rehabilitation [5:32-33].
-Victims family can forgive if they want to
[2:178].

18. Maqasid of Shari'ah
(Protection of Intellect)
 To seek knowledge is a religious obligation.
- Able to distinguish between right from
wrong.
- Studying to become a religious scholar is
Fardh ul- kifayah(communal obligation).
 Muslim’s invaluable contribution towards
civilization.
 Prohibition of anything that clouds or
damages the mind e.g. intoxication [5:90].
- Legal punishment to preserve the mind.

19. Maqasid of Shari'ah
(Preservation of the Progeny)
 Family unit is the foundation for a healthy
society.
- Marriage serves an integral aspect in
Islam [4:3].
- Compassion, affection, love and mercy in
marital relationship (30:21].
-Moral upbringing of children.
 Punishment prescribed for the fornicator
to preserve the progeny [24:2].

20. Magasid of Shari'ah
Protection of Wealth and Property
 Business made permissible [2:275], in
order to earn a lawful living.
 To spend on lawful things.
 To give in charity to support the destitute
people.
 Prohibition of cheating, exploitation and
deceiving.
 Punishment of theft and misappropriation
of other people's wealth.

21. Maqasid of Shari'ah
(Preservation of Honor)
 Every human is sanctified By Allah [17:70].
 Presumption of innocence until proven guilty
with evidence.
 Prohibition of slandering, backbiting and
verbal abuse.
 Preserving the integrity of all humans.
 Punishment of false accusation.
e.g. falsely accusing an innocent woman of
adultery [24:4].

22. Misconceptions of the Shari'aha
Penal Laws
 Shari'ah entails all aspects of human life.
 It aims to preserve all human essentials
and integrity.
 Spiritual reformation.
 Everyone is accountable to Allah the
Almighty.
 Stringent rules are applied before
enacting punishment.
 Strives to primarily remove the crime.

23. Conclusion
Shari'ah is a source of Mercy.
Shari'ah is a holistic and a monolithic
religion dealing with every facet of
human life.
Criticism are mainly related to penal laws,
historical events and misapplication.
Shari'ah aims to protect all human
essentials (human rights).
Shari'ah is predicated on Justice.