My Shariah Reviewer PDF

**What is Ra\'yi?** **Ra\'yi** (رأي) is an Arabic term that literally means \"opinion\" or [\"personal judgment.\"] In the context of Islamic jurisprudence (Fiqh), it refers to the process of using reason, intellect, and individual judgment to arrive at legal rulings in situations where explicit gu...

**What is Ra\'yi?** **Ra\'yi** (رأي) is an Arabic term that literally means \"opinion\" or [\"personal judgment.\"] In the context of Islamic jurisprudence (Fiqh), it refers to the process of using reason, intellect, and individual judgment to arrive at legal rulings in situations where explicit guidance from the Qur\'an, Sunnah, or consensus (Ijma) is not available. **Historical Context of Ra\'yi** Ra\'yi was a common method used by early Muslim jurists, particularly in regions where access to the detailed traditions of the Prophet (Hadith) was limited. **Application of Ra\'yi** Ra\'yi is not arbitrary opinion but rather a disciplined form of reasoning guided by principles derived from Islamic sources. It involves: 1. **Qiyas (Analogical Reasoning):** Applying rulings from known cases to new ones based on shared causes (\`illah). For example, deriving the prohibition of modern drugs based on the prohibition of alcohol due to their shared effect of intoxication. 2. **Istihsan (Juristic Preference):** Preferring a more flexible or equitable ruling when strict analogy may lead to hardship or an unfair outcome. 3. **Maslahah (Public Interest):** Considering the welfare of the community when formulating a ruling, provided it aligns with Shariah principles. **Criticism and Regulation of Ra\'yi** While Ra\'yi was essential for addressing novel issues, it faced criticism from scholars who feared it could lead to subjective or inconsistent rulings. To prevent misuse, later jurists emphasized the importance of grounding Ra\'yi in the framework of **Usul al-Fiqh** (principles of jurisprudence) and ensuring it did not contradict the Qur\'an, Sunnah, or established Islamic principles. **Significance of Ra\'yi** Ra\'yi played a crucial role in the early evolution of Islamic law by allowing jurists to address new and unforeseen issues. It highlights the flexibility of Islamic jurisprudence while maintaining a balance between textual evidence and rational reasoning. Today, Ra\'yi is often embedded within broader methodologies like Qiyas and Ijtihad, ensuring that personal judgment remains within the bounds of Islamic legal theory. **What is Ifta?** **Ifta** refers to the process of issuing a **fatwa**, a formal and non-binding legal opinion in Islamic law provided by a qualified scholar known as a **Mufti**. The primary purpose of Ifta is to guide individuals or communities on specific issues where direct evidence from the Qur\'an and Sunnah may not be explicit or sufficient. **When Ifta Is Not Binding** In most cases, a fatwa serves as a recommendation or interpretation offered by a qualified scholar (Mufti). It is not inherently enforceable, and its acceptance is left to the discretion of the person or group who requested it. This allows for flexibility and accommodates the diversity of opinions within Islamic jurisprudence. Since there are multiple valid schools of thought (madhahib), individuals may choose to follow the fatwa that aligns with their understanding or their school\'s methodology. **Comparison with Ijtihad** While **Ijtihad** refers to a scholar\'s independent reasoning and is only binding upon the Mujtahid himself, **Ifta** involves applying that reasoning in a public capacity to address others\' queries. The non-binding nature of fatwas ensures that individuals and communities retain the freedom to consult multiple scholars and adopt rulings that best suit their circumstances, provided they remain within the bounds of Shariah. **Distinguish Shari\'ah from Fiqh.** Shari\'ah and Fiqh may be distinguished as follows: A. Shari\'ah is the body of revealed laws found both in the Qur\'an and in the Sunnah. While figh is a body of laws deduced from Shari\'ah to cover specific situations not directly treated in Shari\'ah Law. Shari\'ah is fixed and unchangeable. But figh changes according to the circumstances under which it is applied. The laws of Shari\'ah are, for the most part general: they lay down basic principles. In contrast, the laws of figh tend to be specific: they demonstrate how the basic principles of Shari\'ah should be applied in given circumstances. Shari\'ah covers all human action. However, fiqh deals only with what are commonly understood as legal acts. The path of Shari\'ah is laid down by God and His Messenger. Conversely, the edifice of figh is erected by human endeavor. In fiqh, an action is legal or illegal, permissible or not permissible. Whereas, in Shari\'ah, there are various grades of approval or disapproval (Philips, Evolution of Fiqh, p. 1; Alauya, Fundamentals of Islamic Jurisprudence, p.2). **What are the principal characteristics of Shari\'ah?** Shari\'ah has been known for its being comprehensive, idealistic, realistic and naturalistic. Shari\'ah is comprehensive because it covers all aspects of human life. It is comprehensive system of law that is divine in origin, religious in essence, and moral in scope (Abd al \'Ati, p.14). It deals not only with the ways of devotion, but also, with the problems of the world around us; with the relations between man to man; with his social and political life; with the institutions of marriage, divorce and inheritance; with the problems concerning the distribution of wealth and the relations of labor and capital, the administration of justice, military organization, peace and war. It lays down rules not only for individual progress but also for the advancement of society, of nations, and even of humanity as a whole (Siddiqi, Amir Hasan, The Origin and Development of Muslim Institutions, p.2). **Who is a Muslim?** Suggested Answer: Muslim literally means obedient. A person who testifies to the Oneness of Allah and the Prophethood of Muhammad and professes Islam (Art 7, par 7, CMPL). A person who practices all the commandments from Allah devotedly and follow the Sunnah of Prophet Muhammad () publicly and privately is considered Muslim. Under Islamic Law, a child is to be treated as a Muslim, if any of the parents is a Muslim. If a person is born a Muslim, the presumption is that he is always a Muslim (Bara-acal and Astih, p.28). A person may convert to Islam by merely declaration of Shahadatayn (Testifying that there is no god save Allah and Muhammad is His Messenger); but for legal purposes, he should register his conversion to Shari\'ah District Court, but it cannot be registered if he is below 18 years old without the written consent of his parents or guardian, unless he was emancipated from parental authority. The registration of conversion will constitute a prima facie proof that he is Muslim and professes Islam. Whoever disputes his profession or renunciation of Islam must have the burden of proving the contrary (Art.76 CMPL). **Three Levels of Faith in Islam** 1. Muslim 2. Moumin (Complied with five pillars and believes in six articles of faith at entry level) 3. Moksin (completely following the five pillars and has spiritualize the six articles of faith) **What are the six articles of Faith (Iman)?** The six articles of faith (Iman) are the following: 1\. Belief in Oneness of Allah (Tawhid); 2\. Belief in Allah\'s Angels (Malaikat); 3\. Belief in Allah\'s Scriptures/Books (Kutub); 4\. Belief in Allah\'s Messengers (Rusul); 5\. Belief in the Day of Judgment (Yawmul Qiyamah); and 6\. Belief in Divine Predestination (Qadr) **What are the Pillars of Islam?** There are Five (5) Pillars of Islam, to wit: a\. Shahadatayn (Testifying that there is no god save Allah and Muhammad is His Messenger); b\. Salah (Observing five daily obligatory Prayers); c\. Zakat (Giving alms or poor due); d\. Sawm (Fasting during the month of Ramadhan); and e\. Hajj (Pilgrimage to the Holy Ka\'aba at Makkah). **The Quran was subdivided by two beliefs;** - [The Meccah Period ] The content of the Quran is with regards to the relationship to God and human being so supposedly it is more concern to the spiritual aspect of the human being. The Makkah Period encompasses the verses revealed during the Prophet Muhammad\'s time in Makkah, focusing primarily on themes of monotheism, moral conduct, the afterlife, and the foundations of faith. These revelations were intended to guide individuals toward spiritual growth and emphasize the oneness of God. - [Medina Period] The main coverage is within in regards of relationship to man to man as a community. Medina Period refers to the verses revealed after the Prophet\'s migration to Medina, which address the practical aspects of building and governing a community, including laws, social justice, and guidelines for interfaith relations **The four most reliable Islamic schools of law, also known as *madhahib* (plural of *madhhab*), are:** 1. **Hanafi**: Founded by Imam Abu Hanifa (699--767 CE), this school is known for its reliance on reason and analogy (*qiyas*) in interpreting Islamic law. It is the most widely followed school, predominant in South Asia, Turkey, Central Asia, and parts of the Middle East. 2. **Maliki**: Established by Imam Malik ibn Anas (711--795 CE), it emphasizes the practices of the people of Medina (*'amal ahl al-Madina*) as a key source of Islamic jurisprudence. This school is prevalent in North and West Africa and parts of the Arabian Peninsula. 3. **Shafi\'i**: Founded by Imam Al-Shafi\'i (767--820 CE), it stresses the importance of the Quran and Hadith as primary sources of law, supplemented by consensus (*ijma*) and analogy (*qiyas*). It is commonly practiced in Southeast Asia, parts of the Middle East, and East Africa. 4. **Hanbali**: Established by Imam Ahmad ibn Hanbal (780--855 CE), this school is characterized by its strict adherence to the Quran and Hadith, minimizing reliance on analogy and personal opinion. It is dominant in Saudi Arabia and some parts of the Gulf region. **What is Islam?** Islam is an Arabic term derived from the word \"salam\" or \"aslam\" which means peace; it connotes submission, surrender or obedience. Religiously, Islam is defined as the complete submission to the Will of Allah and obedience to His law Shari\'ah **There are 5 categories of actions in Islam and they are as follows:** 1. Obligatory ([[Wajib, Fard]](https://islamqa.info/en/answers/217272) ), is that which the Lawgiver (Allah) has enjoined by way of it being compulsory.  Examples of obligatory actions include the five daily prayers, fasting Ramadan, Zakah for those who are obliged to give it, and Hajj to the Sacred House for those who have the means of doing so.  The one who does it will be rewarded for obeying the command, and the one who does not do it deserves to be punished.  1. Recommended ([Sunnah,] ), is that which is prescribed by the Lawgiver, but not by way of it being obligatory or compulsory.  Examples of recommended actions include Qiyam Al-layl, the regular Sunnah prayers that are additional to the five obligatory prayers, fasting three days of every month, fasting six days of Shawwal, giving charity to the poor, and regularly reciting Adhkar and Quran.  The one who does it will be rewarded for complying, but the one who does not do it will not be punished.  1. [[Prohibited or forbidden]](https://islamqa.info/en/answers/9084) (Haram), is that which the Lawgiver prohibits in the sense that it is obligatory to refrain from doing it.  Examples of forbidden actions include fornication or adultery, Riba (usury), drinking alcohol, disobedience to parents, shaving off the beard, and women displaying their adornment in front of men (who are not allowed to see her without Hijab).  The one who refrains from doing that which is prohibited will be rewarded for complying, and the one who does it deserves to be punished.  1. Improper (Makruh), is that which the Lawgiver disallowed, but not in the sense of it being obligatory to refrain from it.  Examples of disliked actions include giving and taking with the left hand; women following funeral processions; socialising after the \`Isha' prayer; praying in a garment of which no part is covers the shoulder; offering supererogatory prayers after Fajr until the sun is fully risen, or after \`Asr until the sun has set.  The person who refrains from a disliked action will be rewarded for complying, but the one who does it will not be punished.  1. Permissible (Mubah, Halal, Ja'iz), is that to which no command or prohibition is connected to the deed itself.  Examples of permissible actions include eating and drinking; buying and selling; travelling for the purpose of tourism or seeking provision; engaging in intimacy with spouses during the night in Ramadan.  The restriction on the definition of what is permissible is indicated by the phrase "To the deed itself", because there may be an instruction that is connected to it, which makes it enjoined or disallowed.  In principle, buying water is permissible, but if doing Wudu for an obligatory prayer depends on that, then it becomes obligatory to buy it, because anything without which an obligatory duty cannot be completed becomes obligatory.  In principle, travelling for the purpose of tourism or leisure is permissible, but if that travel is to a land of the disbelievers in which there is a great deal of temptation and evildoing, and immorality is widespread, then that travelling becomes prohibited, because it is a means that leads one to falling into that which is unlawful.  **The Methodology Of Deriving Fiqh (ok so hindi ako sure sa part na to)** **Mandatory Law (Ahkam Taklifi)** Mandatory law defines the ethical or religious character of an act. It assigns one of five characteristics to every human action: 1. **Obligatory (Fard or Wajib)**: Acts that are mandatory, such as performing the five daily prayers, fasting during Ramadan, and paying zakat (charity). Failure to perform these actions is sinful. 2. **Forbidden (Haram)**: Acts explicitly prohibited by Islamic law, such as theft, adultery, or consuming alcohol. Engaging in these acts is considered a major sin. 3. **Commendable (Mustahabb or Sunnah)**: Acts that are encouraged but not obligatory, such as extra prayers (Nafl) or giving additional charity. Performing them earns a reward, but neglecting them is not sinful. 4. **Improper (Makruh)**: Acts that are discouraged but not sinful if performed, such as wasting water during ablution or overeating. 5. **Permissible (Mubah)**: Acts that are neutral in Islamic law and carry no reward or sin, such as eating permissible food or engaging in leisure activities within lawful boundaries. These laws dictate the moral and legal obligations of Muslims and are primarily derived from the Qur\'an, Hadith (sayings of Prophet Muhammad), and Islamic jurisprudence. **Difference Between Islamic Criminal System and Revised Penal Laws** The main difference between the Islamic Criminal System and the Revised Penal Laws in the Philippines lies in their purpose and approach to punishment: 1. **Revised Penal Laws (Philippines)**\ The criminal justice system in the Philippines is primarily **reformative**, meaning its focus is on rehabilitating offenders and transforming them into productive, law-abiding citizens. The emphasis is on providing opportunities for offenders to change their behavior, reintegrate into society, and contribute positively to their communities. 2. **Islamic Criminal System**\ The Islamic Criminal System, on the other hand, is primarily **deterrent** in nature. It aims to prevent crimes by imposing strict and sometimes harsh punishments, which serve as a warning and example to others. This deterrent approach is designed to maintain societal order and discourage individuals from committing crimes. However, the system is also **reformative** in a spiritual sense. Regardless of the severity of a person's crime, Islam allows and encourages repentance, offering offenders a chance to seek forgiveness from Allah and reform themselves. This dual approach ensures that justice is served while also providing individuals with a path to redemption and moral reform. **Five Different Purposes of Islamic Criminal Law** 1. **Political Reform**\ Political reform is considered a primary purpose of Islamic Criminal Law. The ultimate goal is to establish a just and sin-free society where the Islamic system can be fully implemented. By eliminating crimes and promoting justice, the political structure of the community aligns with the principles of Islam. This includes ensuring that leaders and governments adhere to the rule of law and work toward maintaining societal order and stability. 2. **Social Reform**\ Islamic Criminal Law also aims at social reform by addressing human-to-human interactions and transactions. It governs activities such as fraud, breach of trust, and non-compliance with contracts. These laws ensure that individuals fulfill their obligations and uphold justice in their dealings with others. By discouraging harmful social behaviors such as theft, slander, and adultery, Islamic Criminal Law strengthens family ties, promotes trust among individuals, and enhances communal harmony. 3. **Moral Reform**\ Moral reform focuses on an individual\'s repentance and personal accountability. Punishments under Islamic Criminal Law serve as a reminder that one must uphold moral values and that actions are always observed by Allah. This moral dimension encourages individuals to avoid committing sins and seek forgiveness when they falter. It aims to cleanse individuals from immoral behaviors such as dishonesty, indecency, and violence. By encouraging repentance and promoting ethical conduct, Islamic Criminal Law serves as a tool for both spiritual and societal purification, helping individuals reconnect with their faith and contribute positively to their community. 4. **Educational Reform**\ The educational purpose of Islamic Criminal Law is demonstrated through the public execution of punishments. Public punishments serve as a deterrent and a lesson for others, emphasizing the consequences of violating the law. These acts are not carried out to humiliate the offender but rather to create awareness and discourage others from committing similar crimes. Furthermore, individuals have an obligation to participate in certain punishments, such as stoning, highlighting the collective responsibility of upholding justice. Through this educational approach, society becomes more vigilant about adhering to Islamic principles and maintaining law and order. 5. **Economic Reform**\ Economic reform is achieved through criminal laws that govern labor rights, commercial transactions, and organizational conduct. Islamic Criminal Law enforces principles such as fair wages, regulated work hours, and ethical business practices. Violations of these economic principles are treated as criminal acts, ensuring fairness and justice in economic matters. Additionally, Islamic Criminal Law addresses economic crimes such as theft, bribery, and usury (riba), which can destabilize economies and harm vulnerable communities. By ensuring economic equity and prohibiting exploitative practices, Islamic law aims to create a balanced economic system where resources are distributed justly, and the rights of both employers and employees are safeguarded. **Islamic Criminal Law** Islamic criminal law is categorized into three main types: Hudud, Qisas, and Tazir. Each category addresses specific crimes with corresponding punishments as prescribed in the Quran, Sunnah, or through judicial discretion. **Hudud Crimes (Fixed Punishments)** Hudud crimes are considered offenses against God and carry fixed punishments explicitly stated in the Quran and Hadith. These punishments are strictly enforced to uphold societal morality and deter wrongdoing. The first crime under Hudud is **theft**. Theft involves the unlawful taking of someone else\'s property in a stealthy manner. For theft to be punishable, the offender must be an adult of sound mind, and the stolen property must hold significant value according to social norms. If the theft involves necessities, such as food during a time of famine, it is not punishable. The punishment for theft is the cutting off of the right hand, as stated in the Quran. Under the Sunnah, the procedure includes immersing the severed hand in boiling water. If the offender commits theft again, the left foot is amputated. The second crime is **robbery**, which involves the use of force or intimidation to unlawfully take property. Robbery typically refers to armed or highway robbery, as this was common during the Prophet's time when bandits would attack travelers on long journeys. For robbery to be punishable, the offender must be an adult, and the stolen property must have significant value. The punishment varies depending on the outcome of the robbery. If a victim is killed during an unsuccessful robbery, the offender is sentenced to death. If the robbery is successful and a victim is killed, the punishment is crucifixion. If property is taken without anyone being killed, the offender\'s right hand and left foot are amputated. If the robbery is merely attempted with no harm or property taken, the offender is imprisoned. The third crime is **adultery and fornication**. Adultery refers to illicit relations involving a legally married person, while fornication involves unmarried individuals. The punishment for adultery is severe: repeated adultery by a married person is punishable by stoning to death. For fornication, the punishment is 100 lashes. If both offenders are married, the male is crucified, while the female receives 100 lashes. During the rule of Umar, stoning was replaced with imprisonment, where women were separated from the community. In cases of fornication, the punishment may be reduced depending on the circumstances and the judge's discretion. Another crime under Hudud is **slander or false accusation**, particularly when accusing someone of adultery or fornication. For an accusation to be valid, the accuser must be an adult of sound mind, and the accused must also be an adult Muslim. Accusations against non-Muslims do not fall under Hudud. To prove adultery or fornication, the accuser must produce four male eyewitnesses who saw the act of sexual intercourse, mere kissing, hugging, and basing the accusation to a speculation is not enough. If these witnesses cannot be provided, two female witnesses may replace one male witness, but a total of eight female witnesses is not allowed. Each witness will go through a searching inquiry where their credibility will be questioned. If the accuser fails to prove the accusation, they are punished with 80 lashes and are permanently disqualified from testifying in adultery-related cases. Additionally, their name and face are publicly disclosed as a liar. The fifth Hudud crime is **drinking wine or intoxicants**. If an individual consumes intoxicants without compulsion, they are punished with 40 lashes. The final Hudud crime is **apostasy**, which involves a Muslim, either born or converted, who renounces Islam and converts to another religion without compulsion. Apostasy is punishable by death, typically through beheading. **Qisas Crimes (Law of Retribution)** Qisas deals with crimes against individuals or families, focusing on bodily harm, physical injuries, and homicide. It follows the principle of \"an eye for an eye, a tooth for a tooth.\" Intentional homicide is punishable by death, but the victim\'s family may accept blood money (diyya) instead. During the Prophet's time, blood money was equivalent to 100 camels. The amount of blood money can vary based on the financial capacity of the offender and the victim's family, and in some cases, it may be waived. For unintentional homicide, there is no death penalty, but the offender must pay blood money. In cases of physical injuries, the punishment depends on whether the injury was intentional or unintentional. If intentional, the offender is inflicted with the same injury under court supervision. For unintentional injuries, blood money is paid. The amount varies depending on the injured body part. For instance, the loss of one eye requires compensation of 50 camels, while the loss of both eyes requires 100 camels. The loss of a finger or foot carries a compensation of 10 camels each. **Tazir Crimes (Discretionary Punishments)** Tazir crimes are offenses not specified in the Quran or Hadith, and their punishment is left to the discretion of the judge (Qadi). Tazir covers all crimes that do not fall under Hudud or Qisas, allowing judges to issue punishments that reflect the circumstances of the case while adhering to Islamic principles. The punishments for Tazir crimes may include admonition, reprimand, public disclosure of the crime, seizure of property, imprisonment, flogging (not exceeding 40 lashes), expulsion, or isolation from society. The flexibility of Tazir ensures that punishments are appropriate to the crime and do not exceed the severity of Hudud punishments.