Scribd Logo
Upload

Welcome to Scribd!

  • 24 views

    Topic 1, Intro To Shariah

    Uploaded by

    fatihah malik
    This document provides an overview of Shariah (Islamic law) including its primary and secondary sources. The primary sources are the Quran and Sunnah. Secondary sources include Ijma (scholarly consensus), Qiyas (analogical reasoning), Istinbat (deriving rulings), and Maslahah Mursalah (consideration of public interest). It also discusses the evolution of the major schools of jurisprudence - Hanafi, Maliki, Shafi'i, and Hanbali - which differ in their relative emphasis on sources like Hadith, Qiyas, customs, and more.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Topic 1, Intro To Shariah

    Uploaded by

    fatihah malik
    24 views2 pages
    This document provides an overview of Shariah (Islamic law) including its primary and secondary sources. The primary sources are the Quran and Sunnah. Secondary sources include Ijma (scholarly consensus), Qiyas (analogical reasoning), Istinbat (deriving rulings), and Maslahah Mursalah (consideration of public interest). It also discusses the evolution of the major schools of jurisprudence - Hanafi, Maliki, Shafi'i, and Hanbali - which differ in their relative emphasis on sources like Hadith, Qiyas, customs, and more.

    Original Title

    Topic 1, Intro to Shariah (1)

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This document provides an overview of Shariah (Islamic law) including its primary and secondary sources. The primary sources are the Quran and Sunnah. Secondary sources include Ijma (scholarly consensus), Qiyas (analogical reasoning), Istinbat (deriving rulings), and Maslahah Mursalah (consideration of public interest). It also discusses the evolution of the major schools of jurisprudence - Hanafi, Maliki, Shafi'i, and Hanbali - which differ in their relative emphasis on sources like Hadith, Qiyas, customs, and more.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    24 views2 pages

    Topic 1, Intro To Shariah

    Uploaded by

    fatihah malik
    This document provides an overview of Shariah (Islamic law) including its primary and secondary sources. The primary sources are the Quran and Sunnah. Secondary sources include Ijma (scholarly consensus), Qiyas (analogical reasoning), Istinbat (deriving rulings), and Maslahah Mursalah (consideration of public interest). It also discusses the evolution of the major schools of jurisprudence - Hanafi, Maliki, Shafi'i, and Hanbali - which differ in their relative emphasis on sources like Hadith, Qiyas, customs, and more.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    INTRODUCTION TO SHARIAH ● Different hadith regarded with

    different levels of importance


    SHARIAH :
    ● Types of sunnah ;
    ● Body of moral & religious law
    ➔ Qawliyyah - sayings
    ● Basic legal system
    ➔ Fi’liyah - Actions
    ● Derived particularly from Quran &
    ➔ Taqririyyah - approvals
    Sunnah
    by Prophet (kept
    silent/show pleasure
    MAQASID SHARIAH
    on it)
    ➔ Goals / purposes
    ➔ Level :
    ● Dharuriyyah
    SECONDARY SOURCES OF SHARIAH
    ● Hajiyyah
    ● Tahsiniyyah 1. Ijma’
    ● Community of Muslims
    1. Dharuriyyah ● Agreement of muslim scholars
    ➔ 5 foundations of goals :
    (Mujtahid)
    a. Religion - Ad Din
    ● Rules of being Mujtahid ;
    b. Life - Nafs
    ➔ Has knowledge of
    c. Lineage - Nasl
    Al-Quran
    d. Intellect - Aql
    ➔ Has knowledge of
    e. Property - Mal
    Sunnah
    ➔ Has knowledge about
    PRIMARY SOURCES OF SHARIAH
    Ijma’s problem

    1. AL QURAN previously
    ● Central religious text of Islam ➔ Has knowledge in usl
    ● Contexts means the act of God fiqh
    addressing individual ➔ Has knowledge of
    ● 114 chapters (surah) maqasid shariah &
    ● Surah Makkiyyah ; master in languages
    ➔ Shorter
    ➔ Belief in Allah 2. Qiyas
    ➔ Good moral value ● Process of analogical
    ● Surah Madiniyah ; reasoning
    ➔ Islamic jurisprudence & ● Teachings of the Quran
    legal system compare & contrast with those
    ➔ Activities related to of the hadith.
    mankind daily life & acts ● Example : if the new issues are
    not mentioned directly in the
    2. As Sunnah Quran / hadith, scholars might
    ● way / manner of life followed by use qiyas to analyze the
    Muslims similarities
    ● Teachings, deeds & saying of
    Prophet Muhammad S.A.W 3. Maslahah Mursalah
    ● Public interest ● Excels in technique of
    ● Consider what would be good Istin’baat
    for society in general 4. HANBALI
    ● Components in maslahah ; ● Ahmad bin Muhammad bin
    a. Maslahah Mu’tabarah Hanbal
    ● To achieve dharuri (human ● Emphasizes taking hadith
    interest) literally
    ● Qisas punishment to maintain ● Not acknowledge Imamah of
    few interest (soul & property) Ahlul Bayt

    b. Maslahah Mulghah
    ● Not dealt with syara’ Ps ; Istin’baat = allows scholars to apply the
    ● Right of inheritance, right for general principles and teachings of Islam to
    both girls & boys cannot be specific situations and issues that may not
    equalize have been explicitly addressed in the primary
    sources.

    c. Maslahah Mursalah
    ● Relevant circumstances to be
    basis of law
    ● Provide good & avoid harm
    ● No dalil in Quran & hadith to
    support it can be
    accepted/rejected.

    EVOLUTION OF SCHOOLS OF JURISPRUDENCE

    1. HANAFI
    ● Abi Hanifah
    ● Fiqh rules & regulations
    ● More emphasis on Qiyas &
    Raa’y (observation)
    ● Not acknowledge imamah of
    Ahlul Bayt

    2. MALIKI
    ● Imam Malik bin Anas bin Malik al
    - Asbahi
    ● Product of rules & regulations
    ● Emphasize the authenticity of
    Hadith

    3. SHAFI’I
    ● Product of Fiqh
    ● Stands between Maliki & Hanafi

    You might also like