Islamic Fiqh and Shariah Concepts

Chapter 3: Shariah (Islamic Laws)

• Shariah, linguistically, means a straight path.
• Shariah is also viewed as a religious teaching (manhaj).
• Shariah refers to the laws in the Quran and Sunnah relating to faith (aqidah) and actions of those obligated (mukallaf), which can be definitive (qath'ie) or speculative (zhanni).
• Allah, in Surah al-Maidah verse 48, prescribed a law and a method for each individual.
• Allah, in Surah al-Jathiah verse 18, instructed following an ordained way concerning the matter of religion and not following inclinations of those who do not know.

Features of Shariah

• Rabbaniah (ربانية): Revelation from Allah; a set of laws and a moral system free from weaknesses like injustice and oppression. It is protected and refined by Allah.
• Syumuliah (شمولية): Comprehensive; covers all aspects of human life, no unanswered matter within it.
• 'Alamiah (العالمية): Universal; transcends boundaries of color, race, and geography; always suitable for human life.
• Waqi'iyyah (الواقعية): Realistic and practical; not solely visionary or idealistic. It replaced impractical actions and values in Arabic culture with better practices and values.

The Purpose of Shariah (Maqasid Shariah)

• Maqasid Shariah refers to the meaning of the objectives of Shariah, based on facts and statements.
• It is explained by usul fiqh scholars as the meaning and purpose of syara' in prescribing laws to ensure the wellbeing of mankind, taking benefits and rejecting disadvantages based on Quran and Sunnah values.
• Maqasid al-Shariah consists of three parts:
• Daruriyah: The fundamental necessities for life
• Hajiah: The needs for betterment in life
• Tahsiniyah: The enhancements for raising standards in life

Maslahah Daruriyah

• Essential needs that include protection of necessities (preservation of religion, life/self, intellect, progeny/dignity, and property).
• Maintains order and security in society.

Maslahah Hajiah

• Needs for a better life, ease difficulties, and reduce hardship.
• Examples include owning a vehicle, more clothing, or better conveniences.

Maslahah Tahsiniyah

• Aims to provide a better quality of life, improve human conduct, and encourage moral virtues.
• Examples include having fine cars and high-quality clothes.

The Fiqh Knowledge

• Al-fiqh (الفقه) linguistically means understanding (al-fahmu (الفهم)) based on the Prophet's prayer (SAW) to Ibn 'Abbas (RA): "O Allah, grant understanding in religion."
• Fiqh decodes practical legal rules from Shariah relating to human conduct.
• A knowledgeable person in religious matters is known as a faqih.
• The law of Fiqh is divided into: Fard, Mandub, Mubah, Makruh, and Haram.

The Law of Fiqh - Wajib/Fard

• Divided into four classifications:
• Based on the subject required to perform an action.
• Based on the time available for performance.
• Based on the extent of the required act.
• Based on the identification of the object required.
• Wajib 'ayni: An individual's obligation to perform an act based on ability, such as prayer, fasting, or pilgrimage (haj).
• Wajib kifai: An act obligatory on a society; if one person performs it, the responsibility is lifted from the rest of the community. Example is burying a corpse.
• Wajib mutlaq: An act without a set time for performance; for example, paying kaffarah for not fasting in Ramadan.
• Wajib muqayyad: An obligatory act with a specific time frame, for instance, performing Sahur and breaking the fast in the month of Ramadan.

The Law of Fiqh - Mandub

• Sunnah Mu'akkadah: recommended by The Prophet consistently. Examples include daily congregational prayers, azan and iqamah before prayer, reciting qunut during Subuh prayers.
• Sunnah Ghayr Mu'akkadah: recommended but not consistently practiced by the Prophet, for example, giving charity, praying before Asar and Isya, and helping people.
• Sunnah Zawa'id: actions recommended by The Prophet during daily life, for instance, his clothing, food and drink, and relations with family members.

The Law of Fiqh - Makruh

• Makruh Tahriman: close to haram actions; for example, marrying someone with HIV/AIDS.
• Makruh Tanzihan: disliked actions in themselves, for example, eating durian or eating whilst standing or praying in congregation after eating durian.

The Law of Fiqh - Haram

• Haram li zatihi: prohibited in itself, for instance, eating pork, engaging in pre-marital sex, theft and drinking alcohol..
• Haram li ghairihi: prohibited due to external factor, for instance, eating a stolen chicken or drinking contaminated water.

Islamic Fiqh Knowledge

• Fiqh Ibadah: laws relating to acts of worship in Islam.
  • Sub-categories: Taharah (Purification), Wudu' (Partial Ablution), Bath (Full Ablution), Tayamum (Dry Ablution), Prayers (Salat), Fasting, Zakat, Hajj & Umrah, Corpse Management
• Fiqh Muamalah: laws governing transactions and dealings among Muslims.
• Fiqh Munakahah: laws concerning marriage, divorce, and related issues.
• Fiqh Jinayah: Islamic criminal law.

The Corpse Management

• The corpse is a person who has died.
• The Quran and Sunnah specify methods for arranging corpses.
• Organizing the funeral is the heirs' or present Muslims' obligation.
• The maintenance of the funeral is fardu kifayah.
• The burial process includes bathing, shrouding, praying, and burying the corpse.

Prayer (Salat/Solat)

• Salat (Prayer) is a form of worship with specific words and actions starting with takbir and ending with salam.
• Allah, in surah al-Bayyinah verse 5, commanded Muslims to worship Him sincerely and establish prayer.

Fasting (Sawm)

• Fasting is an act of worship involving abstaining from food, drink, and sexual intercourse from dawn until sunset.
• The white thread of dawn marks the start of the fast, and sunset marks its end.
• Some categories of fasting include Ramadan, Qada', Nazar, and Kaffarah

Zakat

• Zakat is the purification of wealth.
• A certain portion of a Muslim's wealth is obligated by Allah to be given to those entitled to receive it to address the poor.
• Two types of Zakat: al-Fitr and the zakat of wealth.
• Zakat's rate is 2.5% of the total property.
• A Muslim's property that is needed for zakah: gold, silver, livestock, agricultural farms, business profit, savings, and income.

Hajj and Umrah

• Etymologically, Hajj and Umrah are forms of pilgrimage.
• Hajj is a visit to Kaaba with specific rituals (tawaf, sai, wukuf) during certain months of the year, with the intention of securing God's pleasure.
• Umrah is a shorter form of pilgrimage.
• Ifrad, Tamattu', and Qiran are three types of Hajj.

Additional Information (includes topics like wudu, types of tawaf, and others)

• Detailed information regarding various aspects of Islamic practices and laws.

This quiz explores key concepts related to Islamic Fiqh and Shariah, including their significance, obligations regarding bathing, and the role of schools of thought. Test your understanding of the linguistic meanings and primary purposes of Shariah according to Islamic scholars.