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(In the Name of Allah, the Most Gracious, the Most

Merciful)
1
RABBANIYYAH

3.
8.
TAYSIR
SHUMUL
AND TAKHFIF

CHARACTERISTICS
OF ISLAMIC
SYSTEM
7. 4.
TAWAZUN ALAMIYYAH

6. 5.
WAQIIYYAH MASLAHAH

4/16/17 Dr. Musaddiq Majid 2


1. Rabbaniyyah
Definition:
Islam as a whole is a divine
revelation.
Therefore, one of the distinguishing
features of the syariah is the fact
that it comes only from Allah.
Rabbaniyyah denotes that Islam is a religion
which is based on godliness and religious
values. The sources, objectives, method and
the purpose of life of human being in Islam
have been determined by Allah SWT.
Furthermore, the godliness value indicates
that the ultimate goal of Muslims is to attain
Allahs love and pleasure (ridhwan). Islam
allows the Muslims attain the worldly
pleasure but all their efforts to attain the
pleasure in the world must serve the
ultimate goal of life, which is to please Allah
and win His rewards. Thus, every item of
the Islamic law aims at preparing man to be
a pure servant of Allah alone.
Cont

)

( 50 : ( )





Do they then seek after a judgment of (the days of)
ignorance? But who, for a people whose faith is assured, can
give better judgment than Allah?. (al-Maidah: 50).
Prophet Muhammad (a.s.w.) never said something except what
he had received from Allah (s.w.t.), and all his words, deeds
and silent approval are based on the commandments of Allah
(s.w.t.).




*



)

( 4-3 :( ( )
4/16/17 Dr. Musaddiq Majid
Nor does he say (aught) of (his own) Desire. 5It is no less than
Cont

)











( 79 : ( )
It is not (possible) that a man, to whom is given the Book,
and Wisdom, and the prophetic office, should say to people:
"Be ye my worshippers rather than Allah": on the contrary (He
would say) "Be ye worshippers of Him Who is truly the
Cherisher of all: For ye have taught the Book and ye have
studied it earnestly Dr.
4/16/17 .... (Al-Imran:
Musaddiq Majid 79) 6
Example of revelation
1. Verses related to spiritual matters
2.Verses related to family affairs
3. Verses related to contract and
financial matters
4. Verses related to criminal matters
5. Verses related to political system
Category of Rabbaniah :
1. Rabbani in terms of goals and
intentions
Ones intentions has to be
specifically for Allah
Ones ultimate goal in life is to get
Allahs pleasure.

2. Rabbani in terms approach and


resources
Ones approach and resources
should be based on the divine
revelations to Prophet Muhammad
( PBUH)

1.Rabbani dari sudut matlamat dan tujuan.


2. Alamiyyah
(Universal)
Definition:
The teaching of Islam is not for a
certain race or community but it
is for all ummah from all layers
of society.

Risalah Islam ditujukan untuk semua umat dan bangsa serta


untuk semua lapisan masyarakat. Ia bukan risalah untuk
bangsa tertentu.
Alamiyyah also means:

Universal/ Suitable in the sense that the


teachings of Islam transcend across time,
space and geographical boundaries.
Applicable anywhere and anytime from
past to the present and the future.

Islam is a universal religion directed to humanity as a whole


without any restriction in its call to any particular race or any
particular time in human history. Allah (s.w.t.) says:
)
(13 :( )
O mankind! We have created you from a male and a female, and
made you into nations and tribes, that you may know one another.
Indeed, the best among you with Allah is those who are pious. (Al-
Hujraat: 13).
Universal Principles
1. The principle of mutual
consultation
2. The principle of equality
3.The principle of justice
4. The principle of no harm shall be
inflicted. (la darar wa la dirar)
3. Syumuliyyah
Definition:

The teaching of Islam is complete and


comprehensive.
The scope of Islam is all-encompassing with
guidance for all aspects of human life not
excluding the smallest to the biggest of
human conduct.

Ajaran Islam lengkap dan menyeluruh. Ruang lingkup ajaran Islam


adalah mencakupi seluruh aspek kehidupan manusia tanpa kecuali
dari sekecil-kecil urusan sampailah ke sebesar-besar perkara.
The completeness of the
Syariah
Covers all aspects of life and fulfill all
needs of mankind.
1.Sanctions related to beliefs(al-
ahkam al-Itiqadiyyah)
2. Sanctions relating to moral and
ethics(al-ahkam al-akhlaqiyyah)
2.Sanctions relating to the saying and
doing of the individuals and his
relations with others. (Amaliyyah)

.


.

) teaches you about everything, even about( Your Apostle


excrement. He replied: Yes, he has forbidden us to face the
Qibla at the time of excretion or urination, or cleansing with
right hand or with less than three pebbles, or with dung or
bone.
4. Thabat dan Murunah
Definition:

Fixed in principles and flexible in


practice

Tetap dari segi prinsip dan hukum tetapi anjal atau fleksibel dari segi
perlaksanaannya.

Sebagai contohnya: Solat adalah wajib dan perlaksanaannya


boleh dibuat secara jama dan qasar bagi mereka yang bermusafir.
Begitu juga ketika seseorang Muslim itu sedang sakit maka dia
boleh melaksanakannya dalam keadaan duduk atau baring
mengikut kemampuannya.
Syariah revealed by Allah is suitable
to be implemented at all time
because of flexibility.
1. The injunctions al-Ahkam related
to belief, which is the fundamental
matter in Islam.
2.The injunctions related to ibadah
such as the order for prayers and
times of prayers.
3. The injunctions related to ethics
including the good and bad. For
instance, the Quran ordered Muslim
to respect their parents and refrain
from using abusive word towards
them.
4.The injunctions of Syariah which
change
With changes in circumstances,
custom, time and place. This includes
the rulings related to muamalah.
5. Waqiiyyah
Definition:
Islam is realistic.
He has forbidden you only the dead animal, and blood, and
the flesh of swine, and that which is slaughtered as a
sacrifice for others than Allah. But if one is forced by
necessity without willful disobedience nor transgressing due
limits, then there is no sin on him. Truly Allah is Oft-
Forgiving, Most Merciful. (Al-Baqarah:173).
There is no compulsion in religion. Quran 2:256
For you your religion, and for me my religion. Quran

109:6
And we have not sent thee but as a mercy for all peoples.

Quran 21:107
And if Allah had not repelled some people by means of

others, cloisters and churches and synagogues and


mosques, wherein the name of Allah is oft remembered,
6. Inqilabiyyah
Definition:
Islam should be strictly practiced
in all situations. It is clearly
distinguished and should not be
intermingled with any jahiliyyah
practice or system.

Menegakkan Islam atas keruntuhan jahiliyyah. Islam tidak


boleh bercampur dengan jahiliyyah. Islam juga tidak boleh
ditempel-tempelkan pada sistem jahiliyyah.
This is proven during the time of the
prophet, when the rulings of Islamic
law were revealed by Allah.
The companions of the prophets
would immediately implement them
without hesitation. Example: Muslims
ceased from consuming liquor, even
though it was their habit and part of
their life to consume such drink.
With regard to hijab (covering the
required parts of the body). When
the commandment of Allah regarding
hijab was revealed they immediately
abided by this directive from Allah.
7. Taysir (Easiness) and
Takhfif (Lightening)
Islamic System would help in advocating taysir
(easiness) and not tasir (making things difficult
and hard).
The Prophet (a.s.w.) said:

( )
Make it easy and dont make it difficult. Tell good
news and dont make people run away from you.
(Sahih al-Bukhari, Kitab al-Maghazi)
.

4/16/17 UHR1012 - Dr. Musaddiq Majid 22


Cont
Change has to come about with the preaching of the
message of Islam first. After that, society will undergo a
gradual change.
A sudden and premature revolution is not the right way.




...)
(185 : ( )...
Allah intends for ease, and He does not want to
make things difficult for you. (al-Baqarah:185).
The Prophet (a.s.w.) said: The religion of Islam is a
lenient one. So go into it with ease and patience. No
one who attempts to storm his way into it will come out
victorious" (Bukhari)
4/16/17 UHR1012 - Dr. Musaddiq Majid 23
8. Maslahah (Interest or
Welfare )
Islamic System is concerned with mans fate
and welfare.
Islamic System is considered as the most
precious gift for mankind. It is warning against
imminent danger.
Al-Faruqi has mentioned:
To alert ones fellows or neighbors to a fire that is
spreading is regarded by all as an obligatory
charity. How much greater a charity is to alert ones
neighbor against infinitely more threatening fire!
Finally, human life presents hardly any pleasure
that of aiding another human to perceive the truth.

4/16/17 UHR1012 - Dr. Musaddiq Majid 24
Cont
Malaah concerns with the subsistence
of human life, the completion of mans
livelihood, and the acquisition of what his
emotional and intellectual qualities
require of him in an absolute sense.
(Shib)
Shib divides the mali (or maqi)
into three main categories:
1) Necessities (arriyyt)
2) Needs (Hjiyyt)
3) Commendable (Tasniyyt)
4/16/17 UHR1012 - Dr. Musaddiq Majid 25
1. Necessities ( arriyyt)

They are indispensable in sustaining the


mali of dn (religion) Akhirah (the
hereafter) and duny [world], in the sense
that if they are disrupted the stability of the
world is disrupted.
Their disruption results in the termination of
life in the world, and in the hereafter it
results in losing salvation and blessings.
The necessities category consists of the
following: Religion (Dn), Life (Hayh),
Intellect (Aql), Progeny (Nasl), and
Property (Ml).
4/16/17 UHR1012 - Dr. Musaddiq Majid 26
Cont
To observe the necessities, there are
obligations under the Sharah:
1) acts of worship (ibdt)
2) habits and customs (dt),
3) transactions (mumalt), and
4) penalties (jinyt).
The significant elements in the meaning of
malaah are the sense of preservation
(ibq) and protection (if) of interests.

4/16/17 UHR1012 - Dr. Musaddiq Majid 27


Cont
Preservation (ibq) will take place through:
1. The establishment of din: The interest of din is secured by
the creation of conditions that facilitate worship and
establish the other pillars of Islam.
2. The creation of conditions for the healthy flourishing of
life (hayah). The interest of life is secured by creating
conditions for the existence of life as well as by the
provision of sustenance and the maintenance of good
health.
3. The strengthening of the family system. The interest of
progeny (nasl) is supported by facilitating and
establishing healthy family life and the institution of
marriage.
4/16/17 UHR1012 - Dr. Musaddiq Majid 28
Cont
4. The creation of conditions for the development of
the mind (aql). The interest of intellect is secured
by promoting means for the growth of the intellect
through education
5. The striving for the growth of communal and
individual wealth (mal). The interest of wealth is
secured by creating proper conditions for the
wealth. (Nyazee, 2003, pp. 105, and 207)

4/16/17 UHR1012 - Dr. Musaddiq Majid 29


Cont
Protection will take place through:
1. Interests are secured by preventing the destruction or
corruption of din. Thus jihad is prescribed for
defending din while prayer, fasting, pilgrimage, and
zakat help establish it.
2. Life is protected or defended through provision of
penalties for those who destroy without legal
justification.
3. Progeny is protected through provision of penalties
for those who corrupt family life and the institution of
marriage and its virtues
4. Penalties are provided for the consumption of
substances that destroy or corrupt the mind
5. Theft or misappropriation of wealth is punished
through penalties (Nyazee, 2003, p. 207)
4/16/17 UHR1012 - Dr. Musaddiq Majid 30
9. Al-Tawazun:
We must understand each aspect of Islam in light of its
relative priority and not be excessive in one aspect at the
cost of neglecting another. Abuse of this leads to
imbalance.





)


(

( 143 : ( )...
"Thus have We made you an Ummah justly balanced, that
ye may be witnesses over the nations, and the Messenger a
witness over yourselves " (al-Baqarah: 143).

4/16/17 UHR1012 - Dr. Musaddiq Majid 31


Anas (May Allah be pleased with him) reported:
Three men came to the houses of the wives of the Prophet
( )to inquire about the worship of the Prophet (). When
they were informed, they considered their worship
insignificant and said: "Where are we in comparison with
the Prophet ( )while Allah has forgiven his past sins and
future sins". One of them said: "As for me, I shall offer Salat
all night long." Another said: "I shall observe Saum
(fasting) continuously and shall not break it". Another said:
"I shall abstain from women and shall never marry". The
Prophet ( )came to them and said, "Are you the people
who said such and such things? By Allah, I fear Allah more
than you do, and I am most obedient and dutiful among you
to Him, but still I observe fast and break it; perform Salat
and sleep at night and take wives. So whoever turns away
from my Sunnah does not belong to me".
:SCL ACTIVITIES:

Produce one example of Islamic


Institution.
How does this institution use all of
these Islamic character in it?

Berikan satu contoh institusi Islam.


Terangkan bagaimana karakter ini diamalkan di dalamnya.
Continue
Sources in Islam
Primary Sources
1. Al-Qurn ()
2. As-Sunah ()
3. Ijma/ consensus of opinion ()
4. Qiyas / analogical deductions ()
Secondary sources of
Syariah
Secondary Sources
1. Istihsan/ Juristic Preference ()
2. Maslahah Mursalah/ consideration of public interest
()
3. Sadd al-Zaraie/ blocking the means to an evil (
)
4. Urf/ customary practice of society ()
5. Istishab/ Presumption of continuity ()
6. Amal ahl Madinah/ The practice of the Medinian
people ()
7. The provisions of the previous laws. ()
AL-QURAN

Al-Qura'n is an Arabic word, literally meaning 'reading' and


'recitation'.
Al-Quran is the word of Allah, the one and only GOD. Quran
is The Book of Islam and is the final divine guidance in the
line of Holy Scriptures.

Quran was revealed to Prophet Muhammad (PBUH) in a


period of 23 years starting 13 Before-Hijrah (610 AD).

The Quran is a guide and beacon for humanity till the end
of time. It is not bound by time, not bound by race or
nationality. The Quran is for all humanity, for the past, the
present, and for all times to come.
The Quran is best defined in its own verses, in the words
of Allah, as:
This is the Book, no doubt in it, guidance from the God
fearing. (2:2)
Fundamentals Themes of the Quran

The
Creator

Physical
Human
world

Unseen
Thematic classifications of
the verses of the Quran
1. Related to Islamic belief system
2. Worship
3. Family
4. Related to the stories of the earlier
prophets of Allah.
5. Related to the saying and doings of
the individuals and his relations
with others which are also called
ayat ahkam.
AS-SUNNAH @ HADITH
Arabic:
Sunnah:Refers to all that is narrated
from the prophet saw including his
action, saying and whatever he has
tacitly approved.
Hadis: Narration of the sayings of the
prophet saw.
In Quran, Allah mentions:
So take what the Apostle assigns to
you, and deny yourselves that which
he withholds from you.

Firman Allah SWT :


Apa yang diberikan Rasul kepadamu maka terimalah ia, dan
apa yang ditegahnya maka tinggalkan ia.
(Al-Hasyr: 7)
TYPES OF HADITH

Hadith can be divide into 3 types:


Words All direction in oral
communication by Rasulullah SAW.
Behavior All behavior are conduct
by Rasulullah SAW.
Taqrir Just silent, not telling
whether agree or not.

Mohd Fauzwadi Mat Ali 42


THE FUNCTIONS OF HADITH

The functions of hadith are:


To clarify details of general statement in the
Qur'an
To make it specific and particular
To explain the instructions of the Quran
To provide essential ingredients and details
To clarify what the Qurn leaves ambiguous or
difficult to understand
To qualify what the Qurn leaves unqualified
To bring up issues that the Qurn does not
mention

Mohd Fauzwadi Mat Ali 43


DEFINITIONS OF CONSENSUS

Consensus laterally as Ijma


Ijma defined as the consensus of the
jurists of a certain period over a matter
Ijma is considered a sufficient evidence
for action because the Prophet Of Islam
said, "Muslim will never agree on a wrong
matter."

Islamic Institutions 44
Cont

Consensus refers to the unanimous


agreement of the jurists of a given era on
a legal ruling
It makes no difference whether the jurists
are from the era of the Companions after
the death of the Messenger or any era
thereafter

Islamic Institutions 45
Cont

In situations when Muslims have not been


able to find a specific legal ruling in the
Qur'an or Sunnah, the consensus of the
community is sought (or at least the
consensus of the legal scholars within the
community). The Prophet Muhammad
once said that his community (i.e. the
Muslim community) would never agree on
an error.

Islamic Institutions 46
DEFINITIONS OF ANALOGY

Analogy laterally a analogical deduction or


reasoning
Recourse to analogy is only warranted if the
solution of a new case cannot be found in the
Qur'an and the Sunnah
Analogical deduction cannot operate
independently of the nusoos. Its means a
derivation of the law on the analogy of another
law if the basis (illah) of the two is the same
Its refers to take an injunction that applies in one
case and applying it in another because they
share a characteristic that is the effective cause
of the injunction being applied in the first case

47
Cont

The scholars have developed detailed principles


of analogical deductions or Qiyas in the books of
Islamic jurisprudence
The Prophet has permitted Ijtihad which literally
means 'to exert'. Technically it means to exert
with a view to form an independent judgement on
a legal issue
Ijtihad is the Islamic method of facing the new
situations and problems in the light of the general
principles of the book of Allah SWT, the Quran
and the traditions of the Prophet or the Sunnah.

Islamic Institutions 48
Cont

The scholars have derived law through


analogical deduction on the basis of the
provisions of the Quran and the hadith on
some similar situation
Analogy is resorted of problems about no
specific provision in the Quran or the
hadith
In cases when something needs a legal
ruling, but has not been clearly addressed
in the other sources, judges may use
analogy, reasoning, and legal precedent to
decide new case law
Islamic Institutions 49
THE ELEMENTS OF ANALOGY

The 4 elements of analogy are:


a principle (asl), means root, origin,
source, principle
Branch
`Illah, means effective cause or ratio of a
particular ruling.
Analogy then consists in extending a
principle (asl) derived from the Qur'an and
the Sunnah to the new case

Islamic Institutions 50
THE SECONDARY SOURCES

The secondary sources is the sources


that not consensus between ulama
Its derive on Islamic legal injunctions,
besides the four primary sources
School of thought are differences only in
aspect of fiqh. Cause a differences of
interpretations

Islamic Institutions 51
ISTIHSAN

Istihsan laterally preference from different


interpretations
Its refers to the abandonment of one legal
ruling for another which is considered
better or more appropriate to a given
circumstance.
Istihsan refers to when a "hidden" qiyas
(qiyas khafi) is given preference to a
"clear" qiyas (qiyas jali), or when a partial
exception is made to an otherwise general
rule because of some indication elsewhere
in the Shariah.
Islamic Institutions 52
MASALIH AL-MURSALAH

Masalihul means something of benefit, and


al-mursalah literally, set free or
unrestricted
i.e. that there is no text either expressly
allowing or forbidding the particular
matter.
Masalih al-mursalah refers to matters
about which there is no definitive
judgement or precedent in the Sharia but
which are allowed because of their general
benefit to the community, as long as they
do not go against an existing judgement.
Islamic Institutions 53
Cont

A consideration which is proper and


harmonious with the objectives of the
Lawgiver;
it secures a benefit or prevents a harm,
but the Shari`ah provides no indication as
to its validity or otherwise.
For example, the Companions decided to
issue currency, to establish prisons, and to
impose a tax on agricultural lands despite
the fact that no textual authority could be
found for these measures.
Islamic Institutions 54
Cont

An examples: Umar b. al-Khattb


established the act of general registry for
the armed forces to set their salaries and
their terms of service, then established
registries for other purposes.

Islamic Institutions 55
Cont

Writing down the Qur'an and vocalising


the written text. After many of those who
knew the Qur'an are killed during the Wars
of the Ridda, Abu Bakr had the Qur'an
collected together in a written form. This is
considered a maslaha mursala because, in
the time of the Prophet the Qur'an was not
collected together in a written form. Later,
people also began to vocalise the text in
order to preserve it from corruption

Islamic Institutions 56
Cont

The factors are encourage jurist to


consider the general welfare are the
following:
Attaining that which is beneficial
Avoiding that which is harmful
Preventing wrongdoing
Changing times

Islamic Institutions 57
URUF

Urf literally a custom, practice or usage


by the community
Urf is means a local custom which is not
in conflict with the Qur'an or the Sunnah
and a justification of a particular matter
provided that a urf does not contravene
any divine sanction
This principle applies to things such as use
of language, food, clothing, etc

Islamic Institutions 58
Cont

An example:
the word dabba (riding-beast) as used in
certain areas to refer to a donkey rather
than any other type of animal.
In other words, certain words are
understood in a certain way in certain
areas, which might be different from the
"dictionary" definition. In cases involving
the interpretation of such words, their
customary meaning is taken into account.
Islamic Institutions 59
Cont

A dividing the dowry into 2 parts, one of which is


paid at the time of the marriage (hall), and the
other of which is delayed until later (muajjal). If a
case arises in which a wife says she has only
received half of her dowry (i.e. not the "delayed"
part) and her husband says that he has paid it all,
the urf, or customary practice, in such matters is
taken into account in arriving at a judgement, and
preference given to what is normally understood
by the relevant words.
A handing over goods without saying anything
can, in certain circumstances, be considered the
same as actual words of acceptance as far as
buying and selling are concerned.
Islamic Institutions 60
ISTISHAB

Istishab laterally presumption of


continuity, or presuming continuation of
the status.
For example, istishaab requires that once
a contract of sale, or of marriage, is
concluded it is presumed to remain in
force until there is a change established by
evidence.

Islamic Institutions 61
THE AMAL OF COMPANIONS

For Imam Malik, there is another source


which is as important as these first four.
In fact, in many ways whether amal, or
"practice", of the Companions.
the amal of Madina as a whole includes
points about which there were sometimes
significant differences of opinion among
the Madinan ulama

Islamic Institutions 62
Cont

Term of amal is not merely "local


custom", as its opponents (both
Muslim and non-Muslim) claim, but
rather - in its earliest form, at least -
a non-textual source of sunna on the
level of mutawatir hadiths (i.e.
hadiths with multiple, and parallel,
chains of authority).
Islamic Institutions 63
Cont

For examples:
We have referred to the question of sadl al-
yadayn, or doing the prayer with one's hands by
one's sides. The judgement based on the amal of
the Companions, with Malik denying the
applicability of the hadith-based judgement that
one's hands should be clasped in front of one
(qabd) when doing obligatory prayers but
allowing it for voluntary prayers: I don't know of
this practice [i.e. qabd] as far as obligatory
prayers are concerned, but there is no harm in
someone doing it in voluntary prayers, if he has
been standing for a long time, in order to make it
easier for himself
Islamic Institutions 64
Cont

Khalil refers to the "transaction of the


Companions (bayat ahl al-Madina)" when he
says: It is permissible to buy from someone
whose work is continuous, like a baker, and this is
considered ordinary sale; if it is not continuous, it
is considered a pre-payment transaction (salam)."
The Companions used to buy meat from the
butcher's, taking a certain amount day by day,
and then pay for it when they had received their
salaries, which might be only once a month.

Islamic Institutions 65
SADD AL-DHARA'I

Sadd al-dhara'i means, literally, "blocking


the means"
e.g: to undesirable ends, in other words,
forbidding what is likely to lead to the
haram.
This is thus an extension of the general
principle that what leads to the haram is
haram, just as what leads to the obligatory
is obligatory, and what leads to the
permitted is permitted
Islamic Institutions 66
The important consideration to sadd al-dharai is
the result of the action, and whether it leads to
benefit or harm. Under this principle come certain
sub-principles, e.g: preventing harm is given
preference over gaining benefit.
For example, if someone does wudu and is not
sure whether he has washed his face three times
or only twice, he assumes it is three, because he
shouldn't wash it more than three times, whereas
washing it twice is acceptable

67
) ( The provisions of the previous laws.

What has been mentioned in Quran and Sunnah about previous civilizations
from the provisions of the previous laws, but it is not mentioned whether it
obligatory for us as it was for them or it is not clear that it has been waved off
and abrogated afterward.

} { ][183 :

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