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[Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

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WHAT IS SHARI-’AH ?
ITS SOURCES, AIMS AND PURPOSE

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[Slideshare] fiqh-course(batch-5-january 2016) -introdn #3 -maqasid shariah-(10-february-2016)

  1. 1. IN THE NAME OF ALLAH,IN THE NAME OF ALLAH, MOST COMPASSIONATE,MOST COMPASSIONATE, MOST MERCIFUL.MOST MERCIFUL. All Rights Reserved © Zhulkeflee Hj Ismail (2016)) LESSON # 3 –LESSON # 3 – WHAT IS SHARI-’AH ?WHAT IS SHARI-’AH ? ITS SOURCES, AIMS AND PURPOSEITS SOURCES, AIMS AND PURPOSE Using text & curriculum he has developed especially forUsing text & curriculum he has developed especially for Muslim converts and young Adult English-speaking Muslims.Muslim converts and young Adult English-speaking Muslims. ““To seek knowledge is obligatory upon every Muslim (male & female)”To seek knowledge is obligatory upon every Muslim (male & female)” UPDATED – 10UPDATED – 10 February 2016February 2016 BATCH # 5 INTAKE – [ January - May 2016 ] Intermediate Level course in English for AdultsIntermediate Level course in English for Adults conducted by Ustaz Zhulkeflee Hj Ismailconducted by Ustaz Zhulkeflee Hj Ismail And say: O Lord! Increase for me my knowledgeAnd say: O Lord! Increase for me my knowledge
  2. 2. All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  3. 3. AMONGST THEM WHICH IS RELEVANT TODAYAMONGST THEM WHICH IS RELEVANT TODAY  Always remember to always comply withAlways remember to always comply with ADABADAB of a student, andof a student, and ADABADAB towards all teachers.towards all teachers.  As we may have to re-learn or even unlearn, be patient especiallyAs we may have to re-learn or even unlearn, be patient especially when new ‘revelation’ seem to negate (or even refute) what youwhen new ‘revelation’ seem to negate (or even refute) what you may already know. As students our ‘ego’ had to firstly be put in theirmay already know. As students our ‘ego’ had to firstly be put in their place, before it can be deserving of clarification and illumination.place, before it can be deserving of clarification and illumination.  How you are learning and being taught (method) is unique forHow you are learning and being taught (method) is unique for yourself, not a template to be applied for others .yourself, not a template to be applied for others . All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  4. 4. AMONGST THEM WHICH IS RELEVANT TODAYAMONGST THEM WHICH IS RELEVANT TODAY  Remember as student, you must resist the tendency to teach others –Remember as student, you must resist the tendency to teach others – what more to be the judge of others.what more to be the judge of others.  Instead, resist it by makingInstead, resist it by making DU’ADU’A for them. As for yourself, thisfor them. As for yourself, this DZIKRDZIKR sufficient:sufficient:  Avoid platforms and gatherings that incite mostAvoid platforms and gatherings that incite most JIDALJIDAL (acrimonious(acrimonious argumentations) regardingargumentations) regarding HUKUMHUKUM. It is difficult to remain humble,. It is difficult to remain humble, yet, as a student patience and humility are very crucial lest youryet, as a student patience and humility are very crucial lest your knowledge gained may become, not only unbeneficial ,but harmful.knowledge gained may become, not only unbeneficial ,but harmful. There is no power nor strength except with Allah The Most High, the MostThere is no power nor strength except with Allah The Most High, the Most Esteem.Esteem. All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  5. 5. AMONGST THEM WHICH IS RELEVANT TODAYAMONGST THEM WHICH IS RELEVANT TODAY  Now that internet users (on Youtube; Facebook, etc.) are exposed to manyNow that internet users (on Youtube; Facebook, etc.) are exposed to many ‘discourses’ regarding Islam which can negatively influence our‘discourses’ regarding Islam which can negatively influence our ADABADAB in ourin our learning of Islam, we should be reminded again of the warning from ourlearning of Islam, we should be reminded again of the warning from our ProphetProphet ‫ﷺ‬‫ﷺ‬ :: All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  6. 6. AMONGST THEM WHICH IS RELEVANT TODAYAMONGST THEM WHICH IS RELEVANT TODAY All Rights Reserved © Zhulkeflee Hj Ismail (2016)) ““Whoever seeks knowledge (intending) to argue withWhoever seeks knowledge (intending) to argue with the learned (scholars), or to brag with the foolish;the learned (scholars), or to brag with the foolish; or with it to attract peoples’ attention to himself;or with it to attract peoples’ attention to himself; Allah will make him to enter the Hell-fire.”Allah will make him to enter the Hell-fire.” ((Hadith also reported by Tirmidzi and Ibn MajahHadith also reported by Tirmidzi and Ibn Majah))  Now that internet users (on Youtube; Facebook, etc.) are exposed to manyNow that internet users (on Youtube; Facebook, etc.) are exposed to many ‘discourses’ regarding Islam which can negatively influence our‘discourses’ regarding Islam which can negatively influence our ADABADAB in ourin our learning of Islam, we should be reminded again of the warning from ourlearning of Islam, we should be reminded again of the warning from our ProphetProphet ‫ﷺ‬‫ﷺ‬ ::
  7. 7. AMONGST THEM WHICH IS RELEVANT TODAYAMONGST THEM WHICH IS RELEVANT TODAY  Always be wary of your own ego.Always be wary of your own ego. ADABADAB is to be acted upon, notis to be acted upon, not something to be discussed. Even to try to impress and convince others assomething to be discussed. Even to try to impress and convince others as to what should beto what should be ADABADAB or not to those who are heedless and ignorant,or not to those who are heedless and ignorant, itself may actually be contrary toitself may actually be contrary to ADABADAB..  Be careful of negative emotions, especially of ‘Be careful of negative emotions, especially of ‘angeranger’ towards others for’ towards others for this may indicate arrogance. Beware of instigators and their instigations.this may indicate arrogance. Beware of instigators and their instigations. Ask yourself honestly “Ask yourself honestly “why am I angry at him or her?why am I angry at him or her?” If there is no” If there is no SHAR’IESHAR’IE (lawful-valid) reason, then be angry at your own ‘(lawful-valid) reason, then be angry at your own ‘angeranger’.’. All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  8. 8. TO CONTINUE ON …TO CONTINUE ON … All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  9. 9. ““Then We put you, [O Muhammad], on an ordainedThen We put you, [O Muhammad], on an ordained way (way (SHARI-’ATINSHARI-’ATIN) concerning the matter [of) concerning the matter [of religion]; so follow it and do not follow thereligion]; so follow it and do not follow the inclinations of those who do not know.―”inclinations of those who do not know.―” ((Qur’an: Ja-thiyah: 45: 18Qur’an: Ja-thiyah: 45: 18)) All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  10. 10. AAS-SHARI-’AHS-SHARI-’AH :: The Revealed Law, or Canonical Law of Islam.The Revealed Law, or Canonical Law of Islam. All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  11. 11. - Path to be followed,Path to be followed, - Source of water, drinking place, approach- Source of water, drinking place, approach to a watering hole,to a watering hole, All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  12. 12. - sail,sail, - tent,tent, All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  13. 13. - lawfulness, legality, legitimacylawfulness, legality, legitimacy All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  14. 14. - From these meanings of the root word, we can understandFrom these meanings of the root word, we can understand that for Muslims,that for Muslims, SHARI-’AHSHARI-’AH is the path to be followed, notis the path to be followed, not only leading to Allah, the Most High, but the path believedonly leading to Allah, the Most High, but the path believed by Muslims to be the path shown by Allah, the Creatorby Muslims to be the path shown by Allah, the Creator Himself through the Messenger MuhammadHimself through the Messenger Muhammad ‫ﷺ‬‫ﷺ‬ , the, the Divinely approved path, a total way of living leadingDivinely approved path, a total way of living leading ultimately to the Eternal Life.ultimately to the Eternal Life. All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  15. 15. ““Guide us uponGuide us upon the straight waythe straight way ((SWSWIRAT). TheIRAT). The way of thoseway of those onon whom Thou hast bestowedwhom Thou hast bestowed Thy GraceThy Grace (NI’MAH), Those whose(NI’MAH), Those whose (portion)(portion) is not wrathis not wrath (GHADB) and who go(GHADB) and who go not astraynot astray ((DWDWALL).”ALL).” ((Qur’an: al-Fatihah: 1: 6-7Qur’an: al-Fatihah: 1: 6-7)) All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  16. 16. All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  17. 17. O ye who believe! put not yourselves forward before AllahO ye who believe! put not yourselves forward before Allah and His Messenger: but (be conscious of and) fear Allah: forand His Messenger: but (be conscious of and) fear Allah: for Allah is He who hears and knows all things.Allah is He who hears and knows all things. ((Qur’an: Hujurat: 49: 1Qur’an: Hujurat: 49: 1)) All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  18. 18. All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  19. 19. “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 (2016))
  20. 20. All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  21. 21. ““And We sent down the Book to thee (O Muhammad)And We sent down the Book to thee (O Muhammad) for the express purpose that thou shouldst make clearfor the express purpose that thou shouldst make clear to them those things in which they differ, and that itto them those things in which they differ, and that it should be a guideshould be a guide andand a mercya mercy to those who believe.”to those who believe.” ((Qur’an: An-Nahlu: 16: 64Qur’an: An-Nahlu: 16: 64)) All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  22. 22. All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  23. 23. “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 (2016))
  24. 24. All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  25. 25. ““And this (He commands):And this (He commands): Judge thou between themJudge thou between them by what Allah hath revealed and follow not their vainby what Allah hath revealed and follow not their vain desiresdesires, but beware of them lest they beguile thee, but beware of them lest they beguile thee from any of that (teaching) which Allah hath sentfrom any of that (teaching) which Allah hath sent down to thee. And if they turn away, be assured thatdown to thee. And if they turn away, be assured that for some of their crimes it is Allah's purpose to punishfor some of their crimes it is Allah's purpose to punish them. And truly most men are rebellious.”them. And truly most men are rebellious.” ((Qur’an: Maa-idah: 5: 49Qur’an: Maa-idah: 5: 49)) All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  26. 26. All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  27. 27. ““O Messenger! proclaim the (Message) which hath beenO Messenger! proclaim the (Message) which hath been sent to thee from thy Lord. If thou didst not thousent to thee from thy Lord. If thou didst not thou wouldst not have fulfilled and proclaimed His Mission:wouldst not have fulfilled and proclaimed His Mission: and Allah will defend thee from men (who meanand Allah will defend thee from men (who mean mischief). For Allah guides not those who reject Faith.”mischief). For Allah guides not those who reject Faith.” ((Qur’an: Maa-idah: 5: 67Qur’an: Maa-idah: 5: 67)) All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  28. 28. All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  29. 29. ““O ye who believe! Obey Allah and obey the MessengerO ye who believe! Obey Allah and obey the Messenger and (and (ULIL-’AMRI MINKUMULIL-’AMRI MINKUM) those charged with authority) those charged with authority among you.among you. If ye differ in anything among yourselves,If ye differ in anything among yourselves, refer it to Allah and His Messengerrefer it to Allah and His Messenger if ye do believe inif ye do believe in Allah and the Last Day: that is best, and most suitable forAllah and the Last Day: that is best, and most suitable for final determination.”final determination.” ((Qur’an: An-Nisa’: 4: 59Qur’an: An-Nisa’: 4: 59)) All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  30. 30. ““And I leave behind me for you all, for clarifying in yourAnd I leave behind me for you all, for clarifying in your affairs (of this religion), whosoever holdfast to them shallaffairs (of this religion), whosoever holdfast to them shall never be led astray – (these are) thenever be led astray – (these are) the Book of AllahBook of Allah andand thethe SunnahSunnah (Way or tradition) of His Messenger.”(Way or tradition) of His Messenger.” ((From Sermon reported by Ibnu Hisham in his “Seerah”From Sermon reported by Ibnu Hisham in his “Seerah”)) All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  31. 31. All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  32. 32. ““(Honour) My successors ((Honour) My successors (Khulafa’Khulafa’), may Allah s.w.t. be), may Allah s.w.t. be Merciful towards them!.”Merciful towards them!.” He was asked: “Who are your successors (He was asked: “Who are your successors (Khulafa’Khulafa’) O) O Messenger of Allah?”Messenger of Allah?” And he said:And he said: ““They are those who revive myThey are those who revive my SunnahSunnah (the Way or(the Way or traditions) and teaches them to the servants of Allah.”traditions) and teaches them to the servants of Allah.” ((Hadith of the Prophet s.a.wHadith of the Prophet s.a.w.).) All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  33. 33. All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  34. 34. “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 MuslimReported by Bukhary and Muslim)) All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  35. 35. All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  36. 36.  From Allah SWT and His Messenger MuhammadFrom Allah SWT and His Messenger Muhammad ‫ﷺ‬‫ﷺ‬ are theare the SHARI’AHSHARI’AH is to be derived - the primary sources.is to be derived - the primary sources.  Thus the legacy for this is contained within two importantThus the legacy for this is contained within two important corpuses – thecorpuses – the QUR’ANQUR’AN andand AS-SUNNAHAS-SUNNAH – which have always– which have always been unanimously acknowledged by every Muslims since thebeen unanimously acknowledged by every Muslims since the Prophetic era, meticulously collected, checked for itsProphetic era, meticulously collected, checked for its authenticity, applied in practice which thus expanded theauthenticity, applied in practice which thus expanded the wisdom of thewisdom of the UMMAHUMMAH with juristic precedence, and faithfullywith juristic precedence, and faithfully preserved until today.preserved until today. All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  37. 37.  Yet, extracting the rulings and guidance from these require one whoYet, extracting the rulings and guidance from these require one who is competent, possessing adequate knowledge and proficiency in theis competent, possessing adequate knowledge and proficiency in the Arabic language (classical); the relevant sciences of theArabic language (classical); the relevant sciences of the QUR’ANQUR’AN; the; the sciences ofsciences of AAHHADITHADITH; the principles of Jurisprudence (; the principles of Jurisprudence (USUL AL-USUL AL- FIQHFIQH), etc.), etc.  For those not competent, they have to (For those not competent, they have to (TAQLEEDTAQLEED) rely upon those) rely upon those specialised and qualified Islamic scholar to do what is technicallyspecialised and qualified Islamic scholar to do what is technically referred to as,referred to as, ISTINBATISTINBAT ((the ability to extract and codify rulingsthe ability to extract and codify rulings from these primary sourcesfrom these primary sources).). All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  38. 38.  These scholars are called “These scholars are called “MUJTAHIDUNMUJTAHIDUN” – from the verb (word)” – from the verb (word) IJTIHADIJTIHAD – “– “exertionexertion” of a scholar in extracting a ruling from the” of a scholar in extracting a ruling from the primary sources.primary sources.  The significance to note is that such rulings are called “The significance to note is that such rulings are called “FIQHFIQH” –” – which mean “which mean “understanding ofunderstanding of ” – and not the “” – and not the “SHARI’AHSHARI’AH “ itself .“ itself .  We use of the term by the earlyWe use of the term by the early MUJTAHIDUNMUJTAHIDUN refers to theirrefers to their understanding of theunderstanding of the DEENDEEN, according to their school usually named, according to their school usually named after one of the notable scholar, which are generally categorisedafter one of the notable scholar, which are generally categorised intointo USULIYYAH -I’TIQODIYAHUSULIYYAH -I’TIQODIYAH (Principles-Belief),(Principles-Belief), FURU’IYAH-FURU’IYAH- ‘AMALIYAH‘AMALIYAH (Branches – Practices).(Branches – Practices). All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  39. 39.  As regards rules derived by the scholarly “exertion”As regards rules derived by the scholarly “exertion” IJTIHADIJTIHAD, we, we affixed the name of the scholar’s who made them. Thus we sayaffixed the name of the scholar’s who made them. Thus we say ““FIQH AS-SHAFI-’IEFIQH AS-SHAFI-’IE” or “” or “FIQH AL-HANAFIFIQH AL-HANAFI” etc. meaning” etc. meaning “(the“(the SHARI’AHSHARI’AH rulings from the) understanding of Imam As-Shafi-’ie orrulings from the) understanding of Imam As-Shafi-’ie or of Imam Abu Hanifaof Imam Abu Hanifa” respectively.” respectively.  This fact is important to be appreciated by followers of whicheverThis fact is important to be appreciated by followers of whichever MADZHABMADZHAB today, to avert ignorant fanatics amongst them claimingtoday, to avert ignorant fanatics amongst them claiming exclusivity, as though theirs is the only right interpretation, whileexclusivity, as though theirs is the only right interpretation, while those who differ from them are therefore deviant.those who differ from them are therefore deviant. All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  40. 40.  Also, what this means is that these rulings are a particular scholar’sAlso, what this means is that these rulings are a particular scholar’s best understanding of thebest understanding of the SHARI’AHSHARI’AH to a given matter, which implyto a given matter, which imply that thethat the SHARI’AHSHARI’AH itself remaining also open to other possibleitself remaining also open to other possible scholarly interpretations, by other qualifiedscholarly interpretations, by other qualified MUJTAHID -MUJTAHID - in other timesin other times and or in other circumstances pertaining to how it was applied or to beand or in other circumstances pertaining to how it was applied or to be applied.applied.  Also to note, there are already enough principles and rulingsAlso to note, there are already enough principles and rulings unanimously and universally upheld by Islamic scholars inunanimously and universally upheld by Islamic scholars in Qur’anQur’an andand AhadithAhadith, clear and unequivocal, preserved and continually referred to,, clear and unequivocal, preserved and continually referred to, in these primary sources and cannot be reinterpreted byin these primary sources and cannot be reinterpreted by IJTIHADIJTIHAD. This. This agreement is termedagreement is termed IJMA’IJMA’ (consensus).(consensus). All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  41. 41.  But this is not a totally rigid legal system for there are alsoBut this is not a totally rigid legal system for there are also inherent flexibility too within theinherent flexibility too within the SHARI’AHSHARI’AH , especially, especially regarding its implementations with many provisos andregarding its implementations with many provisos and guidelines – ensuring it remains relevant and dynamic.guidelines – ensuring it remains relevant and dynamic.  Ample and adequate areas are left open for scholars to seek outAmple and adequate areas are left open for scholars to seek out a specific rulings, or for rules of exceptions to be invoked due toa specific rulings, or for rules of exceptions to be invoked due to new and extenuating circumstances etc. – by applying well-new and extenuating circumstances etc. – by applying well- established and universally accepted general principles . Theseestablished and universally accepted general principles . These usually pertains to secondary matters or involving matters ofusually pertains to secondary matters or involving matters of specifics and details.specifics and details. All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  42. 42.  Here is whereHere is where IIKHKHTILAFTILAF (differences) usually occur, which is to be(differences) usually occur, which is to be expected and toleratedexpected and tolerated as long is it is from a valid interpretationas long is it is from a valid interpretation..  What Islamic scholars are vigilant of is when an interpretation is aWhat Islamic scholars are vigilant of is when an interpretation is a deviancy or an obvious error (opposed to unanimously accepteddeviancy or an obvious error (opposed to unanimously accepted established principles ) – which are to be corrected.established principles ) – which are to be corrected.  An Islamic scholar’s role is not merely to pronounce a ruling, but toAn Islamic scholar’s role is not merely to pronounce a ruling, but to guide the community upon the right guidance whichguide the community upon the right guidance which SHARI’AHSHARI’AH waswas meant for.meant for. All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  43. 43.  And the purpose ofAnd the purpose of AD-DEEN AL-ISLAMAD-DEEN AL-ISLAM especially theespecially the SHARI’AHSHARI’AH established by our Prophetestablished by our Prophet ‫ﷺ‬‫ﷺ‬ which has been perfectedwhich has been perfected (“(“KAAMILKAAMIL”) – therefore it needed no more revision. Its aim is to”) – therefore it needed no more revision. Its aim is to bring solution not problems as historically demonstrated in thebring solution not problems as historically demonstrated in the Prophet’s lifeProphet’s life ‫ﷺ‬‫ﷺ‬ ..  It seeks to relieve mankind of hardship not accentuating norIt seeks to relieve mankind of hardship not accentuating nor condoning them; primarily it enjoins the upholding of justice ascondoning them; primarily it enjoins the upholding of justice as well as spreading Mercy ; it is neither too rigid nor too relaxed;well as spreading Mercy ; it is neither too rigid nor too relaxed; firm upon principles yet not stifling but tolerant; etc. in otherfirm upon principles yet not stifling but tolerant; etc. in other words –words – “just, balanced, the middle path, equilibrium etc. –”“just, balanced, the middle path, equilibrium etc. –” fromfrom the Qur’anic term “the Qur’anic term “WASOTIYYAHWASOTIYYAH”.”. All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  44. 44. All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  45. 45. ““This day have those who reject Faith given up allThis day have those who reject Faith given up all hope of your religion: yet fear them not but fear Me.hope of your religion: yet fear them not but fear Me. This dayThis day have I perfected your religion for youhave I perfected your religion for you,, completed my favour upon you, and have chosen forcompleted my favour upon you, and have chosen for you ‘AI-Islam’ as your religion (DEEN).”you ‘AI-Islam’ as your religion (DEEN).” ((Qur’an: al-Maa-idah: 5: 3Qur’an: al-Maa-idah: 5: 3)) All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  46. 46. All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  47. 47. ““And thus have We willed you to be a community of theAnd thus have We willed you to be a community of the middle way (middle way (UMMATAN WASOTANUMMATAN WASOTAN) [i.e. justly balanced],) [i.e. justly balanced], so that [with your lives] you might bear witness to theso that [with your lives] you might bear witness to the truth before all mankind (truth before all mankind (SHUHADAA-A ‘ALAN-NAASSHUHADAA-A ‘ALAN-NAAS) ,) , and the Messenger as a witness over you.“and the Messenger as a witness over you.“ ((Qur’an: al- Baqarah: 2:143Qur’an: al- Baqarah: 2:143)) All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  48. 48. All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  49. 49.  The primary concern of the Shari’ah can be summed up, generally as : “(towards ensuring a better life by) providing “MASLAHAH ” (benefits) and the removal of “MAFSADAH ” (harm) for mankind.” All Rights Reserved © Zhulkeflee Hj Ismail (2016)) JAL-BUL – MASw-LA-HAH - DAR – UL – MAF – SA-DAH
  50. 50.  Thus the Shari’ah – as 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 (2016))
  51. 51.  The five important essentials (human rights) which it seeks toThe five important essentials (human rights) which it seeks to preserve are:preserve are: 1.1. right of religionright of religion,, 2.2. right to life,right to life, 3.3. right to proper use of the intellect,right to proper use of the intellect, 4.4. right to ownership of property,right to ownership of property, 5.5. right of progeny (including preservation of honour andright of progeny (including preservation of honour and dignity).dignity). DharuriyyahDharuriyyah: the essential rights of mankind.: the essential rights of mankind. All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  52. 52.  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. Haa-jiatHaa-jiat: the needs of mankind.: the needs of mankind. All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  53. 53. TaTahhsiniyyatsiniyyat: the perfection in well-being.: 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-’AADAH All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  54. 54. MAKARIM AL-AKHLAQMAKARIM AL-AKHLAQ:: ““the nobility of character of citizens”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: ISLAH ‘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 (2016))
  55. 55. MAKARIM AL-AKHLAQMAKARIM AL-AKHLAQ:: ““the nobility of character of citizens”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 ‫ﷺ‬‫ﷺ‬ 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 (2016))
  56. 56. MAKARIM AL-AKHLAQMAKARIM AL-AKHLAQ:: ““the nobility of character of citizens”the nobility of character of citizens” All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  57. 57. MAKARIM AL-AKHLAQMAKARIM AL-AKHLAQ:: ““the nobility of character of citizens”the nobility of character of citizens” ““It is part of the Mercy of Allah that thou dost dealIt is part of the Mercy of Allah that thou dost deal gently with them. Wert thou severe or harsh-heartedgently with them. Wert thou severe or harsh-hearted they would have broken away from about thee; so passthey would have broken away from about thee; so pass over (their faults), and ask for (Allah's) forgiveness forover (their faults), and ask for (Allah's) forgiveness for them; and consult them in affairs (of moment). Thenthem; and consult them in affairs (of moment). Then when thou hast taken a decision, put thy trust in Allah.when thou hast taken a decision, put thy trust in Allah. For Allah loves those who put their trust (in Him).”For Allah loves those who put their trust (in Him).” ((Qur’an: Aali ‘Imran: 3:159Qur’an: Aali ‘Imran: 3:159)) All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  58. 58. MAKARIM AL-AKHLAQMAKARIM AL-AKHLAQ:: ““the nobility of character of citizens”the nobility of character of citizens” ““Ye are the best of peoples, evolved for mankind,Ye are the best of peoples, evolved for mankind, enjoining what is right, forbidding what is wrong,enjoining what is right, forbidding what is wrong, and believing in Allah.”and believing in Allah.” ((Qur’an: Aali ‘Imran: 3: 110Qur’an: Aali ‘Imran: 3: 110)) All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  59. 59. MAKARIM AL-AKHLAQMAKARIM AL-AKHLAQ:: ““the nobility of character of citizens”the nobility of character of citizens” All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  60. 60. MAKARIM AL-AKHLAQMAKARIM AL-AKHLAQ:: ““the nobility of character of citizens”the nobility of character of citizens” All Rights Reserved © Zhulkeflee Hj Ismail (2016)) ““And not equal are the good deed (And not equal are the good deed (HHASANAHASANAH) and) and the bad (the bad (SAI-YI-’AHSAI-YI-’AH).). ((ID-FA’ – BIL-LA-TI – HI-YA – AID-FA’ – BIL-LA-TI – HI-YA – AHH-SAN-SAN) Repel [evil] by) Repel [evil] by that [deed] which is better; and thereupon the onethat [deed] which is better; and thereupon the one whom between you and him is (whom between you and him is (‘ADUWWAH‘ADUWWAH) enmity) enmity [will become] as though ([will become] as though (WALIY-YUN- HA-MEEMWALIY-YUN- HA-MEEM) he) he was a devoted friend .”was a devoted friend .” ((Qur’an: Fussilat: 41: 34Qur’an: Fussilat: 41: 34))
  61. 61. MAKARIM AL-AKHLAQMAKARIM AL-AKHLAQ:: ““the nobility of character of citizens”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 awe) to Allah and the Last Day, and remembers Allah unceasingly''. (Qur'an: Al Ahzab 33:21) All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  62. 62. MAKARIM AL-AKHLAQMAKARIM AL-AKHLAQ:: ““the nobility of character of citizens”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 (2016))
  63. 63. MAKARIM AL-AKHLAQMAKARIM AL-AKHLAQ:: ““the nobility of character of citizens”the nobility of character of citizens” Prophet MuhammadProphet Muhammad ‫ﷺ‬‫ﷺ‬ said:said: ““Verily I have not been raised (as a Prophet) except to perfect the noble nature (AKHLAQ) of mankind''. (Kitab al-Adab al-Mufrad) All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  64. 64. MAHASIN-AL-’AADAHMAHASIN-AL-’AADAH:: ““perfecting customs or life-style”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 (2016))
  65. 65. MAHASIN-AL-’AADAHMAHASIN-AL-’AADAH:: ““perfecting customs or life-style”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 in the life embodiment of its adherent (Muslims) interacting with others, through what I termed as CIVILIZATIONAL OSMOSIS. Even if others do not accept to embrace Islam, we wish to share the universal human morality which are also inherent naturally (FITRAH) in people, so that life becomes better if not the best. All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  66. 66. MAHASIN-AL-’AADAHMAHASIN-AL-’AADAH:: ““perfecting customs or life-style”perfecting customs or life-style” ““There is no compulsion in religion. Verily, the RightThere is no compulsion in religion. Verily, the Right Path has become distinct from the wrong path.”Path has become distinct from the wrong path.” ((Qur’an: Baqarah: 2: 256Qur’an: Baqarah: 2: 256)) All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  67. 67. MAHASIN-AL-’AADAHMAHASIN-AL-’AADAH:: ““perfecting customs or life-style”perfecting customs or life-style” All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  68. 68. MAHASIN-AL-’AADAHMAHASIN-AL-’AADAH:: ““perfecting customs or life-style”perfecting customs or life-style” ““Allah commands justice, the doing of good, and the givingAllah commands justice, the doing of good, and the giving to kith and kin (their dues), and He forbids all shamefulto kith and kin (their dues), and He forbids all shameful deeds, and injustice and rebellion: He instructs you, that yedeeds, and injustice and rebellion: He instructs you, that ye may receive admonition.”may receive admonition.” ((Qur’an: Nahlu: 16: 90Qur’an: Nahlu: 16: 90)) All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  69. 69. MAHASIN-AL-’AADAHMAHASIN-AL-’AADAH:: ““perfecting customs or life-style”perfecting customs or life-style” All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  70. 70. MAHASIN-AL-’AADAHMAHASIN-AL-’AADAH:: ““perfecting customs or life-style”perfecting customs or life-style” ““So set thou thy face steadily and truly to the faith:So set thou thy face steadily and truly to the faith: (establish) Allah's handiwork according to ((establish) Allah's handiwork according to (FIFITwTwRAHRAH) the) the pattern on which He has made mankind: no change (let therepattern on which He has made mankind: no change (let there be) in the work (wrought) by Allah: that is (be) in the work (wrought) by Allah: that is (DEE-NUL-QOY-DEE-NUL-QOY- YIMYIM) the standard Religion: but most among mankind) the standard Religion: but most among mankind understand not.”understand not.” ((Qur’an: Rum: 30: 30Qur’an: Rum: 30: 30)) All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  71. 71. MAHASIN-AL-’AADAHMAHASIN-AL-’AADAH:: ““perfecting customs or life-style”perfecting customs or life-style” All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  72. 72. MAHASIN-AL-’AADAHMAHASIN-AL-’AADAH:: ““perfecting customs or life-style”perfecting customs or life-style” ““And thus have We willed you to be a community of theAnd thus have We willed you to be a community of the middle way (middle way (UMMATAN WASOTANUMMATAN WASOTAN) [i.e. justly balanced],) [i.e. justly balanced], so that [with your lives] you might bear witness to theso that [with your lives] you might bear witness to the truth before all mankind (truth before all mankind (SHUHADA-A-’ALAN-NAASSHUHADA-A-’ALAN-NAAS) , and) , and the Messenger as a witness over you.“the Messenger as a witness over you.“ ((Qur’an: al- Baqarah: 2:143Qur’an: al- Baqarah: 2:143)) All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  73. 73. MAHASIN-AL-’AADAHMAHASIN-AL-’AADAH:: ““perfecting customs or life-style”perfecting customs or life-style” All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  74. 74. MAHASIN-AL-’AADAHMAHASIN-AL-’AADAH:: ““perfecting customs or life-style”perfecting customs or life-style” ““Ye are the best of peoples, evolved for mankind, enjoining whatYe are the best of peoples, evolved for mankind, enjoining what is right, forbidding what is wrong, and believing in Allah.is right, forbidding what is wrong, and believing in Allah. If only the People of the Book had faith it were best for them;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 areamong them are some who have faith, but most of them are perverted transgressors. “perverted transgressors. “ ((Qur’an: Aali ’Imran: 3: 110Qur’an: Aali ’Imran: 3: 110)) All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  75. 75. ““O you who have believed,O you who have believed, do not betraydo not betray AllahAllah and the Messenger or betray your trustsand the Messenger or betray your trusts ((AMANAHAMANAH) while you know [the consequence].”) while you know [the consequence].” ((Qur’an: Surah al-Anfal: 8: 27Qur’an: Surah al-Anfal: 8: 27)) All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  76. 76. UNDERSTANDING OF THE DEEN (AL-ISLAM) Intermediate Islamic (FIQH) course in English Conducted by Ustaz Zhulkeflee Hj Ismail Extracted from: DIGRESSION
  77. 77. UNDERSTANDING OF THE DEEN (AL-ISLAM) Intermediate Islamic (FIQH) course in English Conducted by Ustaz Zhulkeflee Hj Ismail Extracted from:
  78. 78. UNDERSTANDING OF THE DEEN (AL-ISLAM) Intermediate Islamic (FIQH) course in English Conducted by Ustaz Zhulkeflee Hj Ismail Extracted from:
  79. 79. UNDERSTANDING OF THE DEEN (AL-ISLAM) Intermediate Islamic (FIQH) course in English Conducted by Ustaz Zhulkeflee Hj Ismail Extracted from:
  80. 80. UNDERSTANDING OF THE DEEN (AL-ISLAM) Intermediate Islamic (FIQH) course in English Conducted by Ustaz Zhulkeflee Hj Ismail Extracted from:
  81. 81. CHECK THE ‘FACTS-DATA’ PRESENTED Source and veracity? Partial or complete? What is the context? Consistency or with possible discrepancy CHECK ARGUMENT USED Fallacious arguments? Alien standard used? Relevance? AN-NASEEHAH – Sincere Advice : How to dispel misconceptions? By correcting these inherent flaws, the picture will become clearer, false arguments refuted and INSHA-ALLAH the misconceptions will be removed. UNDERSTANDING OF THE DEEN (AL-ISLAM) Intermediate Islamic (FIQH) course in English Conducted by Ustaz Zhulkeflee Hj Ismail Extracted from:
  82. 82. All Rights Reserved © Zhulkeflee Hj Ismail (2016))  .SHARI’AH is cruel and barbaric law. We can see it being implemented in many Muslim country. • SHARI’AH means ‘law’ encompassing many aspects of justice – not only the criminal law (here reduced to its punishment) as assumed above. • To judge Islam fairly, we have to refer to its teachings, not assume by what Muslims do or claim to be doing in the name of Islam. • Punishment should fit the crime. What is abhorrent or cruel is actually the crime - for which Islamic punishment is meant to reflect (as deterrence). • Do not forget that as in any justice system there is due process. To be fair do you know how strict its standard for proving are demanded of Islamic judges? And QISTW is to be preferred (if possible) rather that mere ‘ADL. • Apart from HUDUD, do you know about QISAS, DIYYAT and TA’ZIR?
  83. 83. All Rights Reserved © Zhulkeflee Hj Ismail (2016)) UNDERSTANDING OF THE DEEN (AL-ISLAM) Intermediate Islamic (FIQH) course in English Conducted by Ustaz Zhulkeflee Hj Ismail Extracted from:
  84. 84. - “Limit” – for the most serious category offences where strict punishment has been mandated by Allah SWT and includes category of crimes specified in the Qur’an and As-Sunnah. ”Retaliation” - law of equal punishment as suffered by victim ”Compensation” – amount to be paid to the heirs of a victim ”Discretionary” – other punishment administered at the discretion of the judge, called a Qadi (judge) as when the HUDUD punishment cannot be applied for the crime committed All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  85. 85. AND ALLAH KNOWS BEST All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  86. 86. TO BE CONTINUEDTO BE CONTINUED All Rights Reserved © Zhulkeflee Hj Ismail (2016))
  87. 87. All welcome to visit my web-blog: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 (2016))

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