Shariah 1

Introduction to Shariah and Fiqh

updated on

Basis of Muslim Legal System and Shariah:

  1. Diwan Tausug – Legal codex of the Sultanate of Sulu
  2. Luwaran ng Maguindanao – Legal codex of the Sultanate of Maguindanao

4 Sunni Schools of Thought:

  1. Maliki
  2. Hanbali
  3. Hanafi
  4. Shafi’i

Books of Islam:

  1. Suhuf – Prophet Ibrahim AS
  2. Zabur (Psalm) – Prophet Daud AS
  3. Tawrat (Torah) – Prophet Musa AS
  4. Injil (Gospel/Evangel) – Prophet Isa AS
  5. Qur’an – Prophet Muhammad SAW
    1. Qur’an abrogates all prior Shari’ah except Tawhid

Allah’s Will:

  1. Creative will – natural law
  2. Legislative will – vicegerency of Allah

Why learn Shari’ah?

  1. Ibadah or worship
  2. It is based on the revealed divine law of Islam which serves as guidance to mankind
  3. The five major goals of the Sharia are the protection of sound religious practice, life, sanity, the family, and personal and communal wealth.

Shari’ah – totality of Allah’s commandments; clear manifestation of Allah’s Will; true path to be followed; legal parlance

It is the commands of Allah SWT brought by a Prophet to human being relating to the manner of their act (amal) or the the manner of their belief (i’tiqad).

2 kinds of Shari’ah:

  1. Amal- Shari’ah amaliyah Far’iyah – subsidiary/secondary applied law
    1. Qawl –  regarding speech
    2. Fi’l – regarding action of the limbs
  2. I’tiqad – Shari’ah i’tiqadiyah asliyah – fundamental dogmatic law
    1. regarding belief (act of the heart)

Fiqh – Islamic Jurisprudence / Islamic Law Knowledge; knowledge of the commands of the Shari’ah/amaliyah; relating to human act derived from the detailed proofs (Qur’an/ Sunnah)

Difference of Shariah and Fiqh

Shari’ah

  1. Divine commands
  2. Textual Law
  3. No disagreements

Fiqh

  1. Knowledge of the shari’ah
  2. Derivative law
  3. Disagreements – difference in interpretations

Features of usul fiqh:

  1. dalil kulli/ dalil amm – knowledge of legal evidences – general
  2. methodological principles of islamic jurisprudence – general principle – qa’idatul ammah

Usul Fiqh –  the knowledge of the general principles of Fiqh and the manner of this utilization and the person who utilizes it.

Main objective of the usul fiqh: in order to discover the specific rule behind the general evidence; to avoid error in the derivation of the legal rule.

 

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