The Quran has emphasized the completeness of the revelation from Allah and the teachings of Prophet Muhammad S.A.W.
In Surah Al Ma'idah: 3: "This day, I have perfected your religion for you, completed My Favour upon you, and have chosen for you Islam as your religion."
The word Syariah is derived from the root of shin ra'ayn which literally means the road to the watering place, the straight path to be followed. As a technical term, the word is defined by Al-Qurtubi as the canon law of Islam. Some scholars say the word means, following strictly the injunction of Allah or the way of Islam (din).
The Syariah is regarded as the total of Islamic teachings and system, which was revealed to Prophet Muhammad S.A.W. recorded in the Quran as well as deducible from the Prophet's divine-guided lifestyle called the Sunnah.
The Syariah which contains all the different commandments of Allah to mankind can be divided into 3-fields:
(1) Al-Ahkam Al-Tiqadiyyah (sanctions relating to beliefs) such as the belief in Allah and the Say of Judgment.
(2) Al-Ahkam Al-Akhlaqiyyah (sanctions relating to moral and ethics) such as the injunction to tell the truth, sincerity and to be honest etc.
(3) Al-Ahkam Al-Amaliyyah (sanctions relating to the sayings and doings of the individuals and his relations with others) which is also called "fiqh".
Fiqh is the science of Islamic law - the whole science of Islamic jurisprudence, which include the knowledge of one's rights and obligations derived from the Quran or Sunnah of the Prophet, or the consensus of opinions among the learned (ijma) or analogical reasoning (qiyas).
Fiqh implies the exercise of intelligence in deciding a point of law in the absence of a binding text (nass) of the Quran or Sunnah.
Prophet Muhammad S.A.W. was reported to have sent Mu'adh b. Jabal, one of his companions, as a governor to Yemem and also appointed him as a judge. Before sending him the Prophet asked him: "According to what will you judge if a problem is brought to you?" He replied, "According to the Scriptures of Allah. "And if you did not find anything in it?" the Prophet asked. "According to the Sunnah of the Messenger of Allah," Mu'adh replied. "And if you did not find anything in it?" "Then I shall strive to interpret with the exertion of my reason." And thereupon the Prophet said: "Praise be to Allah who has favoured the messenger of His Messenger with what His Messenger is willing to approve of."
Fiqh is flexible and there are two kinds of fiqh rulings:
(1)Ruling that are deduced from the decisive evidence from the Quran or Sunnah. Most of the rulings relate to "Ibadah" (example: rulings related to prayer, fasting, punishment for adulterers, distribution of inheritance, etc). The ruling may be deferred if the situation does not permit for it to be implemented. An example of deferment took place during the reign of Caliph Umar Al-Khattab when he suspended the implementation of the punishment for theft due to the draught season in al-Madinah during which some people were prompted to steal food in order to survive.
(2) Rulings that are deduced by the scholars resulting from their efforts in understanding and interpreting the texts of Al Quran or Sunnah and various other Islamic sources such as juristic preference (al-istihsan), consideration of public interest (masalih al-mursalah), presumption of continuity (al-istishab), custom ('urf) and others. This kind of ruling depends largely on the ability of the jurists to utilize the power of reasoning in deciding a certain fiqh issue. This type of rulings are flexible and can be changed according to the changes of time, place and circumstances.
The Quran in most cases have provided general principles and it is up to the jurists to utilize these principles to resolve the different issues of fiqh.
Shariah is the body of revealed injunctions found in the Quran and Sunnah, whereas fiqh is confined to human acts as far as their legality and illegality are concerned. Syariah is fixed and unchangeable, whereas certain ruling of fiqh changes according to the changes of the circumstances under which they are applied.
The Syariah is based on revelations in which the knowledge is only obtained from the Quran or Sunnah. In fiqh, the power of reasoning is stressed and deductions based upon knowledge are continuously referred to with approval.
In fiqh, an action is either legal or illegal; in Syariah there are various degrees of approval or disapproval. Fiqh can generally be divided into 2-main categories:
(1) Fiqh Al-Ibadah that covers the ruling that govern the relationship between man and Allah, and include ruling related to prayers (solah), rulings related to fasting (saum), rulings related to almsgiving (zakah), and rulings related to pilgrimage (hajj).
(2) Fiqh Al-Mu'amalah or Al-Adah covers the ruling that govern the relationship between man and man, and other creatures of Allah. This category concerns about the rules and regulations involving man and how they should respect the rights of each other. It include rulings related to family law (Al-Ahwal Al-Shakhsiyyah), the law of inheritance, rulings governing commercial transactions (Al_Ahkam Al-Mu'amalah), business contracts, rulings concerning management of finance or economy (fiqh Al-Iqtisad), rulings related to the administration of justice in Islam (Al-Ahkam Al-Qada Wa Turuq Al-Ithbat), rulings governing the rights of non-Muslims in an Islamic state (Al-Ahkam Al-Dhimmi Wa Al-Musta'min), rulings regarding foreign relations (Al-Ahkam Al-Siyar), rulings governing the political system in Islam (Al-AShkam Al-Siyasah or Nizam Al-Siyasah), criminal law of Islam (Al-Ahkam Al-Jinayah), and other laws governing the relatiomnship between man and other Allah's creatures.
The primary objective of the Syariah is the realization of benefit (masalih) to the people, concerning to their affairs both in this world and the hereafter. It is generally held that the Syariah in all of its part aims at securing a benefit for the people or protecting them against corruption and evil. The Quran explained the main objectives of Syariah when it declares: "And We sent thee not, but as a mercy for all creatures". (Al-Anbiya: 107).
The message in this verse transcend all barriers that divide humanity; none must stand in the ay of the mercy and beneficence that Allah has intended for all human beings. The verse include compassion, kindness, beneficence, and goodwill.
The Syariah is aimed at safeguarding people's interest and preventing them from harm in this world and the next.
In another verse, the Quran describes the Syariah as a healing, guidance and mercy for mankind: "O mankind! There hath come to you a direction from your Lord, and a healing for the disease in your hearts, and for those who believe, a guidance and a mercy". (Yunus: 57)
Further examination of the verses of Al-Quran and Sunnah will prove the above claim that the Syariah was revealed with the main objective of providing benefit and preventing harm. All the benefits are for mankind and Allah will not gain and does not need to gain anything from these injunctions. It is in its entirety for the benefits of mankind. Allah says: "And if any is grateful, truly his gratitude is for his own soul, but if any is ungrateful, truly my Lord is free of all needs, Supreme in honour (Al-Naml:40).
Al-Quran also explains the different objectives of the Quranic injuctions in several verses, such as: "...and establish regular prayer, for restrains from shameful and unjust deed ... (Al-Ankabut:45)
This verse explains that the main objective of prayer is to act as a shield for those who perform it. if prayer is performed according to its strict requirements by fulfilling all of its conditions and stipulations, then it will be a protection for the believers from committing all kinds of evil.
Al-Quran also explains that Allah did not intend to burden mankind through different injunctions revealed to them: "...He has not laid upon you in religion any hardship ..." (Al-Haj:78). "...Allah intends for you ease, and He does not want to make things difficult for you ..." (Al-Baqarah:185)
Reference:In Surah Al Ma'idah: 3: "This day, I have perfected your religion for you, completed My Favour upon you, and have chosen for you Islam as your religion."
The word Syariah is derived from the root of shin ra'ayn which literally means the road to the watering place, the straight path to be followed. As a technical term, the word is defined by Al-Qurtubi as the canon law of Islam. Some scholars say the word means, following strictly the injunction of Allah or the way of Islam (din).
The Syariah is regarded as the total of Islamic teachings and system, which was revealed to Prophet Muhammad S.A.W. recorded in the Quran as well as deducible from the Prophet's divine-guided lifestyle called the Sunnah.
The Syariah which contains all the different commandments of Allah to mankind can be divided into 3-fields:
(1) Al-Ahkam Al-Tiqadiyyah (sanctions relating to beliefs) such as the belief in Allah and the Say of Judgment.
(2) Al-Ahkam Al-Akhlaqiyyah (sanctions relating to moral and ethics) such as the injunction to tell the truth, sincerity and to be honest etc.
(3) Al-Ahkam Al-Amaliyyah (sanctions relating to the sayings and doings of the individuals and his relations with others) which is also called "fiqh".
Fiqh is the science of Islamic law - the whole science of Islamic jurisprudence, which include the knowledge of one's rights and obligations derived from the Quran or Sunnah of the Prophet, or the consensus of opinions among the learned (ijma) or analogical reasoning (qiyas).
Fiqh implies the exercise of intelligence in deciding a point of law in the absence of a binding text (nass) of the Quran or Sunnah.
Prophet Muhammad S.A.W. was reported to have sent Mu'adh b. Jabal, one of his companions, as a governor to Yemem and also appointed him as a judge. Before sending him the Prophet asked him: "According to what will you judge if a problem is brought to you?" He replied, "According to the Scriptures of Allah. "And if you did not find anything in it?" the Prophet asked. "According to the Sunnah of the Messenger of Allah," Mu'adh replied. "And if you did not find anything in it?" "Then I shall strive to interpret with the exertion of my reason." And thereupon the Prophet said: "Praise be to Allah who has favoured the messenger of His Messenger with what His Messenger is willing to approve of."
Fiqh is flexible and there are two kinds of fiqh rulings:
(1)Ruling that are deduced from the decisive evidence from the Quran or Sunnah. Most of the rulings relate to "Ibadah" (example: rulings related to prayer, fasting, punishment for adulterers, distribution of inheritance, etc). The ruling may be deferred if the situation does not permit for it to be implemented. An example of deferment took place during the reign of Caliph Umar Al-Khattab when he suspended the implementation of the punishment for theft due to the draught season in al-Madinah during which some people were prompted to steal food in order to survive.
(2) Rulings that are deduced by the scholars resulting from their efforts in understanding and interpreting the texts of Al Quran or Sunnah and various other Islamic sources such as juristic preference (al-istihsan), consideration of public interest (masalih al-mursalah), presumption of continuity (al-istishab), custom ('urf) and others. This kind of ruling depends largely on the ability of the jurists to utilize the power of reasoning in deciding a certain fiqh issue. This type of rulings are flexible and can be changed according to the changes of time, place and circumstances.
The Quran in most cases have provided general principles and it is up to the jurists to utilize these principles to resolve the different issues of fiqh.
Shariah is the body of revealed injunctions found in the Quran and Sunnah, whereas fiqh is confined to human acts as far as their legality and illegality are concerned. Syariah is fixed and unchangeable, whereas certain ruling of fiqh changes according to the changes of the circumstances under which they are applied.
The Syariah is based on revelations in which the knowledge is only obtained from the Quran or Sunnah. In fiqh, the power of reasoning is stressed and deductions based upon knowledge are continuously referred to with approval.
In fiqh, an action is either legal or illegal; in Syariah there are various degrees of approval or disapproval. Fiqh can generally be divided into 2-main categories:
(1) Fiqh Al-Ibadah that covers the ruling that govern the relationship between man and Allah, and include ruling related to prayers (solah), rulings related to fasting (saum), rulings related to almsgiving (zakah), and rulings related to pilgrimage (hajj).
(2) Fiqh Al-Mu'amalah or Al-Adah covers the ruling that govern the relationship between man and man, and other creatures of Allah. This category concerns about the rules and regulations involving man and how they should respect the rights of each other. It include rulings related to family law (Al-Ahwal Al-Shakhsiyyah), the law of inheritance, rulings governing commercial transactions (Al_Ahkam Al-Mu'amalah), business contracts, rulings concerning management of finance or economy (fiqh Al-Iqtisad), rulings related to the administration of justice in Islam (Al-Ahkam Al-Qada Wa Turuq Al-Ithbat), rulings governing the rights of non-Muslims in an Islamic state (Al-Ahkam Al-Dhimmi Wa Al-Musta'min), rulings regarding foreign relations (Al-Ahkam Al-Siyar), rulings governing the political system in Islam (Al-AShkam Al-Siyasah or Nizam Al-Siyasah), criminal law of Islam (Al-Ahkam Al-Jinayah), and other laws governing the relatiomnship between man and other Allah's creatures.
The primary objective of the Syariah is the realization of benefit (masalih) to the people, concerning to their affairs both in this world and the hereafter. It is generally held that the Syariah in all of its part aims at securing a benefit for the people or protecting them against corruption and evil. The Quran explained the main objectives of Syariah when it declares: "And We sent thee not, but as a mercy for all creatures". (Al-Anbiya: 107).
The message in this verse transcend all barriers that divide humanity; none must stand in the ay of the mercy and beneficence that Allah has intended for all human beings. The verse include compassion, kindness, beneficence, and goodwill.
The Syariah is aimed at safeguarding people's interest and preventing them from harm in this world and the next.
In another verse, the Quran describes the Syariah as a healing, guidance and mercy for mankind: "O mankind! There hath come to you a direction from your Lord, and a healing for the disease in your hearts, and for those who believe, a guidance and a mercy". (Yunus: 57)
Further examination of the verses of Al-Quran and Sunnah will prove the above claim that the Syariah was revealed with the main objective of providing benefit and preventing harm. All the benefits are for mankind and Allah will not gain and does not need to gain anything from these injunctions. It is in its entirety for the benefits of mankind. Allah says: "And if any is grateful, truly his gratitude is for his own soul, but if any is ungrateful, truly my Lord is free of all needs, Supreme in honour (Al-Naml:40).
Al-Quran also explains the different objectives of the Quranic injuctions in several verses, such as: "...and establish regular prayer, for restrains from shameful and unjust deed ... (Al-Ankabut:45)
This verse explains that the main objective of prayer is to act as a shield for those who perform it. if prayer is performed according to its strict requirements by fulfilling all of its conditions and stipulations, then it will be a protection for the believers from committing all kinds of evil.
Al-Quran also explains that Allah did not intend to burden mankind through different injunctions revealed to them: "...He has not laid upon you in religion any hardship ..." (Al-Haj:78). "...Allah intends for you ease, and He does not want to make things difficult for you ..." (Al-Baqarah:185)
Dr Muhamad Akram Laldin, A Mini Guide to Shariah & Legal Maxims
15 comments:
Mave,
Thanks for the post. Very Illuminating. Btw how do get the time to do what you are doing? I salute you..
Gukita,
Thanks for your compliment. My whole intention and passion is to educate myself and fellow Malaysians to truly love Islam, and not fear Islam. Many people just fail to understand Islam and the beauty of the religion.
IMHO : the problem of Shariah are due to non-existent check and balance system, thus subject Shariah to abuse by those holding power.
This is a sad truth that those who use Shariah always refuse to adapt the universal human value. To make things worst, most fundamentalist make Shariah as a stagnant law that refuse to adapt Shariah for modern world.
I am not afraid of Shariah or Quran, but the people that implement Shariah.
moo_t,
The sad thing is that you are right. We have heard of implementors of `Proximity Law' abusing the system and causing public distress; acting on whims and fancies rather than the way of The Prophet and his Sahabahs.
Moo_t and Gukita,
If the greater Muslim community have been given a better understanding of Islam and Syariah, we will see improvements and those with power to influence will not take advantage by giving interpretations that are questionable.
Similarly, if the non-Muslim community will also make an effort to understand Islam and Syariah, we will be able to understand the Muslims better as well as motivate them to enhance their knowledge on Islamic values. At the same time, we will be less paranoid about Islam and Islamic values.
I truly hope that the non-Muslims community will learn more about Islam and sicover the beauty and virtues of Islam.
Last Para re-write: I truly hope that the non-Muslim community will learn more about Islam and discover the beauty and virtues of a pure Islam.
Then why are ALL muslim countries FAILED STATES, CESSPOOLS given life by non muslims?
mave,
perhaps you may want to read this which i find truly enlightening, more so since the author is non muslim...
http://www.nytimes. com/2008/ 03/16/magazine/ 16Shariah- t.html?_r= 1&pagewanted=all&oref=slogin
I agree Islam is beauty, but the problem is that the religion is not up to you to deciper and inteperate according to your wisdom.
Islam unlike other religion is closely guarded by Iman and it's estabilishment. Only their interpretation is the official and correct ones. Sometimes when the establishment did a good job, we can see a period of Islamic Renaissance, as in 8th century to the 13th century. In fact I would have love to be a muslim during that period.
But if the religion is sabotage by those holding power with evil intent, eg people like Osama and radical militants. Then you can imagine what will happen.
Don't get me wrong, I am not against Islam, but I am against those with evil intentions.
Dinoor,
The link doesn't work.
Anon 3:48,
You are treating Islam as property. There are Imams who closely guard their interpretations and they may have power or influence within their establishment. But that is political institution, not the universal Islam. There are also Imams in China, USA and UK. They have their thoughts too and may differ. You could be referring to those Imams from Afgan, Iran and Pakistan.
http://www.nytimes.com/2008/03/16/magazine/16Shariah-t.html?_r=1&pagewanted=all&oref=slogin
http://www.nytimes.com/2008/03/16/magazine/16Shariah-t.html?_r=2&pagewanted=all&oref=slogin&oref=slogin
i dont know why the link address is truncated...
alternatively you may want to reach the link thru this
http://aisehman.org/?p=547
the title of the article is "Why shariah?"
Dinoor,
Thanks. I have this article in my archive. I thought there's another one.
thats a good article ...enlightening.
I hope muslims and non muslims understand that syaria law is not supposed to be burdensome and discriminate agst muslims and non muslims.
After all, all religion teach abt being good ...
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