INTRODUCTION TO

FIQH MUAMALAT

 CONTENTS:

Overview of Islam
Meaning of Islam
Meaning of Shariah
Components of Shariah
Characteristics of Shariah
Sources of Shariah
Meaning of Fiqh
Characteristics of Fiqh
Sources of Fiqh

 Components

of fiqh
Differences between Shariah and Fiqh
Differences between Islamic Law and Man
made law

ISLAM AND SHARIAH OVER VIEW

ISLAM
AQIDAH

SHARIAH

(Faith & Belief)

(Practices & Activities

IBADAH
(Man-to God Worship

POLITICAL
ACTIVITIES

AKHLAQ
(Moralities & Ethics)

MUAMALAT
(Man-to Man Activities

ECONOMIC
ACTIVITIES

BANKING &
FINANCIAL
ACTIVITIES

SOCIAL
ACTIVITIES

 Islam

is derived from the Arabic root

"Salema": peace, purity, submission
and obedience. In the religious sense,
Islam means submission to the will of
God and obedience to His law

 SHARIAH
The

root Arabic word of Shariah is the verb

sharaa. The literal meaning of sharaa is
to open upon a street, like to open a door
upon a street.

From

sharaa, comes mashraa which

means the road to the watering place; the
straight path to be followed

 In

legal term sharaa means to make

or establish laws. From sharaa also
comes Shariah which in legal term
means laws relating to all aspects of
human life established by Allah SWT
for his servants.

 It

also refers to the sum total of Islamic laws

which were revealed to the prophet
Muhammad S.A.W. and which are recorded in
the Quran as well as deducible from the
prophets S.A.W. divinely guided life style

Laws

relating to human life are divided into

three, i.e. those relating to belief, those
relating to deeds and those relating to ethics.
Thus, in this meaning Shariah is another
word for Islam.

Evidence of Shariaah in the Quran

Surah

al-Jathiyah (45:18)

Then We have put you (O Muhammad

SAW) on a plain way of (Our)
commandment, so follow you that, and
follow no the desires of those who know
not.

 Surah

al-Maidah ( 5: 48)
and We have sent down to you (O
Muhammad) the Book (al-Quran) in truth,
confirming the Scripture that came before
it and a trustworthy witness over it (old
Scriptures). So judge between them by
what Allah has revealed, and follow not
their vain desires, diverging away from the
truth that has come to you. To each
among you, We have prescribed a law
and a clear way

SOURCES OF SHARIAH
The
The

Quran

Sunnah or traditions of the Prophet

SAW which can be in the forms of:
- sunnah qawliyyah/hadith (sayings)
- sunnah filiyyah
- sunnah taqririyyah

COMPONENTS OF SHARIAH
Aqidah

or belief and faith this is the foundation

of the Shariah
Akhlaq or morality and ethics
Fiqh or legal rulings governing the acts of human
beings (al-ahkam al-fiqhiyyah)
Aspects

of aqidah and akhlaq are fixed and

eternal for all time and societies
Aspects of fiqh change and vary from one
nation/ummah to the other.

Characteristics of Shariah
Shariah

is God-given
Based on Divine revealation
Comprehensive
Emphasize on general
Fixed and eternal

The importance of Shariah

A guidance

to mankind in performing
business transactionsProvides regulation
that are liable to put right all of mans
activities and decision
To safeguard the interest of all parties eg. By
having contracts (ijab and qabul)
All transactions must be legal based on
Shariah
It is also a condition that the parties possess
capacity where a person is qualified for
acquiring rights and undertaking duties and
responsibilities

DEFINITION OF FIQH
The

laws governing human deeds are called

Fiqh,
i. The true understanding of what is intended
ii. The science of deducing Islamic laws from
evidence found in the sources of islamic law/
understanding the laws relating to human
deeds derived from their respective particular
evidences
Rasulullah

SAW said: To whomsoever Allah

wishes good, He gives the fiqh (true
understanding) of the religion.

CHARACTERISTICS OF FIQH
Humanly

acquired
Gives more detailed rulings
A result of deduction and analysis of the
Shariah sources
Is subject to change and modification

 COMPONENTS
(i)

OF FIQH

Ibadat (rituals)
(ii) Munakahat (marriage or family laws)
(iii) Muamalat (commercial
transactions)
(iv) Jinayat (offences, crimes and
punishments)
Toharah
International relations etc

 From

the above components of fiqh,

muamalat or commercial transactions are
the component most relevant to Islamic
financial system

The

basis or backbone of fiqh almuamalat is contract (aqd) between the

parties involved.

SOURCES OF FIQH
Primary sources:
The Quran and Sunnah
Secondary sources:
Ijma or consensus of the Muslim scholars
Qiyas or analogy to extend the law provided
in the Divine text to new or unprecedented
cases when both the text and the new case
share the same effective cause (illah)

 Istihsan

or juristic preference-to depart

from the legal precedent due to a
reason which is more appealing or just
(equitable considerations)

Urf

or customary practice recognising

customary practices and usages which
do not contradict the Quran and
Sunnah as good and authoritative
especially in resolving disputes

 Maslahah

or public interst considerations: to

argue that what is good is lawful and what is
lawful must be good
Maqasid al-Shariah or the consideration of
the objectives and purposes of Islamic Law;
recognizing the need to safeguard the five
fundamentals of islamic law. i.e. life, religion,
intellect, property and lineage, according to
three priorities dharuriyyat (neccessities),
hajiyat (general needs) and tahsiniyyat
(complementary needs)

 Objectives
1.

of Islamic Law are the protection of:

faith
2. life
3. intellect
4. posterity and
5. Property
These objectives are of three levels, that is:
1. dharuriyyat (life and death)
2. hajiyyat (removing hardship), and
3. tahsiniyyat (beutifying)

The Quran
Al-Quran

is the words of Allah revealed to the

Prophet Muhammad s.a.w in Arabic conveyed
by the angel Jibrail.
The authenticity of the Quran as revelation:
Surah al-Nisa(4:163); Surah al-Najm (53):3 and
4; and Surah al-Araf (7): 203.
It represented the blueprint for the Islamic way of
life

 Al-Quran

consists of 114 Chapters (surahs) and

about 6235 verses (ayats).
Al-Quran is the miracle of Prophet Muhammad
s.a.w.
It is the proof of the prophethood of Muhammad
s.a.w.
It is a miracle in the following aspects :
1. Its language is in clear and pure Arabic of the
highest standard. No one can surpass its linguistic
excellence.

 2.

It contains information and stories about

peoples of the past.
3. It foretells future events which really
took place afterwards as foretold.
4. it tells about realities of nature : the
creation of life and the universe, the orbits
of the earth, the sun, the moon and the
stars; and the formation of clouds and
rains.

 5.

It contains laws and rules on how to

regulate
political, legal, economic, social and moral
matters in society.
There are 350 legal verses (ayat ahkam)
in the Quran:
-140 verses concern ibadat
-70 verses concern munakahat
-70 verses concern muamalat

Examples:
A)

Dealings between Allah SWT and

man
These are the religious rites which are
not valid without correct intentions.
(Surah al-Araf (7:85)
-performing solat. Fasting etc

 Dealings

among men and other

creations
The laws which govern human activities
such as:
Family law- marriage, divorce and
inheritance
Trade-business transactions, rental,
contracts production, consumption
Criminal law- punishment,
compensation
Etc.

 MUAMALAT
Muamalat

is plural and the singular is

muamalah.
Muamalah is from the verb aamala
literally meaning to interact.
Muamalat means interactions or
transactions.
Commercial transactions are concluded
through contracts which are permitted by
the Shariah as evidenced by the Quran, the
Sunnah and other sources of Islamic Law.