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1.

Explain and/or define the concepts mentioned in the INTRODUCTION


part of the syllabus (in not more than 50 words per definition).

 Shariah is Islamic law derived from the teachings of the Quran. It is not
a list of rules but rather a set of principles on aspects of life, including
marriage, divorce, finance and rituals such as fasting and prayer.

 Shariah as a divine system of law

Shariah is a way of life. It promulgates the teachings of Quran which


contains the rules by which the Muslim world is governed and forms
the basis for relations between man and God, between individuals,
whether Muslim or non-Muslim, and between man and things which
are part of creation.

 Quranic basis of Shariah

The Qur'an is the principal source of Islamic law, the Sharia.

 Essential elements of Shariah

The essential elements of Shariah are the following: (1) Ilm; (2) Amal;
and (3) Iklas.

Ilm is about acquiring knowledge about Shariah. Amal is about sharing


the knowledge on Shariah. Iklas is about practicing the knowledge
acquired and shared.

 Objective of Shariah
The objective of Shariah is to lead man into a straight path. It aims to
construct human life on the basis of Marufat (virtues) and to cleanse it
of the Munkarat (vice).
 Proof of Shariah

Quran is the most important source or basis of Shariah. Believed to be


the direct word of God as revealed to Muhammad through angel
Gabriel in Mecca and Medina, the scripture specifies the moral,
philosophical, social, political and economic basis on which a society
should be constructed.

 Classification of proofs of Shariah


The proofs of Shariah may be: (1) Dalil (interpretation itself) or Amarah
(literal sign or allusion); (2) transmitted proofs or rational proofs; (3)
Mustaqil (independent proof) or Muqayyad (dependent prof); and (4)
Qat’i (definitive) or Zanni (speculative).

 Shariah distinguished from other legal tradition

The most important difference between other laws and Islamic law is
the source of law.
In civil law systems, one has only to look at the appropriate code. In
common law systems one needs to look at legislation and at
jurisprudence. The source of Islamic law is revelation in Quran.

 The science of Fiqh

Fiqh is the science of ascertaining the precise terms of the Sharīʿah,


or Islamic law. The collective sources of Muslim jurisprudence are
known as uṣūl al-fiqh.

 Fiqh defined
Fiqh is Islamic jurisprudence. Fiqh is often described as the human
understanding of the sharia, that is, human understanding of the divine
Islamic law as revealed in the Quran and the Sunnah (the teachings
and practices of the Islamic prophet Muhammad).
 Development of Fiqh

The formative period of Islamic jurisprudence stretches back to the


time of the early Muslim communities, when jurists were more
concerned with issues of authority and teaching than with theory and
methodology.

Progress in theory and methodology happened with the coming of the


early Muslim jurist Muhammad ibn Idris ash-Shafi`i (767–820), who
codified the basic principles of Islamic jurisprudence in his book ar-
Risālah.

 Scope or Coverage of Fiqh

Fiqh deals with the religious observances along with the transactions.
It covers all aspects of religious, political and civil life in addition to other
laws regulating ritual and religious observances as concerns
performance and abstinence. It includes a whole field of family law,
laws of inheritance and contracts providing all questions that arise in
social life (mu’aamalat). It also includes criminal law and procedures
and finally the constitutional law and the administration and regulation
of the state and the conduct of war and all aspects of public and
personal life and business.

 Fiqh distinguished from Shariah

While Sharīʿah is considered to be divine and immutable, Fiqh, the


human effort to know the Sharīʿah, is imperfect and changeable.

Shariah stands for the normative order that Muslims have developed
as an Islamic way of life. It covers a wider range of meanings than “law”
usually does. Fiqh, the jurists’ law, is jurists’ interpretation of Shariah.

 Fiqh distinguished from European

The science of Usul corresponds to European jurisprudence but they


are not the same thing. Usul is not a purely formal science.

While Usul includes the theories and general properties of law, the
application of law to men’s actions through media of rights and
obligations, and the classification of legal concepts, the main object of
Usul is to discuss the rules relating to the interpretation of the texts of
Quran and the Hadith, the constitution of ijma, and analogical
extension of the laws established by these three sources to cases not
within the language of the texts, but coming within their intendment.

 Fiqh distinguished from “Ilm”

The term Ilm or knowledge also gives the same meaning, as


knowledge or understanding of the Muslim law. However, when
specialization in law and tradition came into existence toward the end
of the first century of Hijrah, the term “fiqh” and “ilm” were seprated. Ilm
now means knowledge that comes through reports or traditions
(Hadith), and athar. Whereas, the fiqh came to be used exclusively for
the knowledge of law.

 Division of Fiqh

The two divisions of Fiqh are Usul al-fiqh and Furu al fiqh.

Usul al-fiqh means the doctrines of the “roots”, the sources of law, and
the methodology of their application. Usul literally means intelligence,
knowledge, discernment. Usul is the plural of asl which means root,
origin, source, foundation.

On the other hand, Furu al-fiqh means the doctrines of branches i.e is
applied fiqh. It also means the systematic elaboration of the positive
law, their particular injunctions (akham), technically or the substantive
law, as we call it, which follow from the science of usul.

2. Compare and contrast Shariah law and Civil law tradition

Sharia law follows Islamic doctrines, while civil law has no connections to
any religious belief.

Sharia bases most of its legal principles on Prophet Mohammed’s


teachings in the Quran and Sunnah, whereby civil law’s provisions use
concepts related to peaceful human existence; ethical principles that are
universally accepted and formulated.

Lawmakers can change or make changes to Civil laws of a nation


depending on the jurisdiction country, a case different from Sharia laws,
which are unchangeable.

There exist a set of civil laws governing in almost all countries, as


compared to Sharia law, which is used in only Islamic countries.

3. Kindly state what do you believe are the weaknesses and advantages of
Shariah law as compared to Civil law

I believe that one of the weaknesses of Shariah law as compared to civil


law is that it is unchangeable. Its rules do not adapt to the fast changing
norms or way of life in the society. Rules like the prohibition of investing
to insurances or savings in the bank that may be reasonable during the
period where the sources of Shariah law was articulated, but doing such
would be very practical nowadays because of economic instability and
many factors now contribute to the fast diminishing of our health.

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