[Slideshare] fiqh-course (august 2014-batch) -maqasid-shari'ah- #3 -(27-august-2014)

““INTRODUCTION TO THE INTRODUCTION TO THE STUDY OF STUDY OF FIQH FIQH ””

Intermediate Level Islamic course in English for AdultsIntermediate Level Islamic course in English for Adultsconducted by Ustaz Zhulkeflee Hj Ismailconducted by Ustaz Zhulkeflee Hj Ismail

IN THE NAME OF ALLAH,IN THE NAME OF ALLAH,MOST COMPASSIONATE,MOST COMPASSIONATE,MOST MERCIFUL.MOST MERCIFUL.

All Rights Reserved © Zhulkeflee Hj Ismail (2014))

And say: O Lord! Increase for me my knowledge

Using text & curriculum he has developed especially for Using text & curriculum he has developed especially for Muslim converts and young Adult English-speaking Muslims. Muslim converts and young Adult English-speaking Muslims.

““To seek knowledge is obligatory upon every Muslim (male & female)”To seek knowledge is obligatory upon every Muslim (male & female)”

UPDATED – 27 AugustUPDATED – 27 August-2014 -2014

AUGUST 2014 - INTAKEAUGUST 2014 - INTAKE

LESSON # 3 – LESSON # 3 – THE APPROACHES IN LEARNING FIQH (continue)THE APPROACHES IN LEARNING FIQH (continue)

WHAT IS SHARI-’AH ? WHAT IS SHARI-’AH ? ITS SOURCES, AIMS AND PURPOSE ITS SOURCES, AIMS AND PURPOSE

CONTEXT OF SINGAPORECONTEXT OF SINGAPORE

PREVIOUSLY EXPLAINEDPREVIOUSLY EXPLAINEDAll Rights Reserved © Zhulkeflee Hj Ismail (2014))

When we speak of learning and education in Islam, the role of the When we speak of learning and education in Islam, the role of the

learned scholar – learned scholar – MU’ALLIMMU’ALLIM, the , the USTAZUSTAZ (teacher) whose capacity is also (teacher) whose capacity is also

as a as a MU-ADDIB MU-ADDIB (Educator) who provides (Educator) who provides IRSHADAHIRSHADAH (spiritual guidance) (spiritual guidance)

etc., cannot be overlooked. etc., cannot be overlooked.

Remember, the Remember, the ‘ULAMA ‘ULAMA is an ‘institution’ within the persons or the is an ‘institution’ within the persons or the

personalities - and cannot be ‘hijacked’ by the corporate people as personalities - and cannot be ‘hijacked’ by the corporate people as

though to refer to organizations, bodies, schools etc.though to refer to organizations, bodies, schools etc.

TEACHER : AN IMPORTANT QUALIFICATIONTEACHER : AN IMPORTANT QUALIFICATION

All Rights Reserved © Zhulkeflee Hj Ismail (2014))PREVIOUSLY EXPLAINEDPREVIOUSLY EXPLAINED

CHALLENGES AND DEVELOPMENTCHALLENGES AND DEVELOPMENT

It must be noted that today, with the availability of easy access to It must be noted that today, with the availability of easy access to

books and information on the internet; with greater reliance to self-books and information on the internet; with greater reliance to self-

study rather than undergoing right tutelage under the guidance of study rather than undergoing right tutelage under the guidance of

competent teachers; with the proliferations of ideologies of groups competent teachers; with the proliferations of ideologies of groups

promoting unknown agendas in the name of Islam; - Muslims being promoting unknown agendas in the name of Islam; - Muslims being

deprived of a competent teacher’s guidance in deprived of a competent teacher’s guidance in FIQHFIQH should be a very should be a very

grave concern - indeed.grave concern - indeed.


TO CONTINUE THE LAST PART OF LAST WEEK’S SESSIONTO CONTINUE THE LAST PART OF LAST WEEK’S SESSION


Indeed it is alarming, with people entering discourses and meddling Indeed it is alarming, with people entering discourses and meddling

in Islam beyond their competency (by Muslims and even non-in Islam beyond their competency (by Muslims and even non-

Muslims), and compounded by the relative ignorance of the general Muslims), and compounded by the relative ignorance of the general

Muslims themselves regarding their own basic knowledge of their Muslims themselves regarding their own basic knowledge of their

DEENDEEN. .

Especially worrying is when this involves specialized fields and Especially worrying is when this involves specialized fields and

subjects regarding our subjects regarding our DEENDEEN, for which they do not have any , for which they do not have any

authority to be giving their opinion to the public.authority to be giving their opinion to the public.



Can any one claim the right to be involved in giving or engaging in Can any one claim the right to be involved in giving or engaging in

serious discourse in other specialised fields like medicine or serious discourse in other specialised fields like medicine or

engineering without adequate knowledge? engineering without adequate knowledge?

Or even if one knows something about draughtsmanship or have Or even if one knows something about draughtsmanship or have

read medical journals, without the proper training and approval of read medical journals, without the proper training and approval of

the true practitioners in their respective fields, messing in these the true practitioners in their respective fields, messing in these

would be deemed a crime – wouldn’t it?would be deemed a crime – wouldn’t it?


CHANGE IN LINGUA FRANCACHANGE IN LINGUA FRANCA

““We sent not a messenger except (to teach) in the language We sent not a messenger except (to teach) in the language

of his (own) people, in order to make (things) clear to them.”of his (own) people, in order to make (things) clear to them.”

((Qur’an: Ibrahim: 14: 4Qur’an: Ibrahim: 14: 4))


When the When the lingua franca lingua franca for Islamic discourse is predominantly in for Islamic discourse is predominantly in

Malay language, and the continual presence of so many of our Malay language, and the continual presence of so many of our

traditionally trained traditionally trained ASAATIZAHASAATIZAH in our midst (Bahasa Melayu/ in our midst (Bahasa Melayu/

Bahasa Indonesia speakers), it has ensured adequate supervision Bahasa Indonesia speakers), it has ensured adequate supervision

towards overseeing, and if need be, of correcting whatever towards overseeing, and if need be, of correcting whatever

misconceptions that may arise amongst the general Muslims.misconceptions that may arise amongst the general Muslims.

But the trend now is that But the trend now is that discourses in English has become more discourses in English has become more

predominant predominant and may replace the Malay, as and may replace the Malay, as lingua francalingua franca

especially in the Singapore context.especially in the Singapore context.




PLEASE ALLOW ME PLEASE ALLOW ME TO ADDRESS TO ALL TO ADDRESS TO ALL

THOSE WHOSE THOSE WHOSE MOTHER TONGUE IS MOTHER TONGUE IS ‘ BAHASA MELAYU ’‘ BAHASA MELAYU ’


Al-HamdulillahAl-Hamdulillah, rata-rata kita semua dapat bertutur dalam dwi-bahasa , rata-rata kita semua dapat bertutur dalam dwi-bahasa

(English-Malay). Malangnya, nilai bahasa Melayu yang digunakan kini (English-Malay). Malangnya, nilai bahasa Melayu yang digunakan kini

amat bercelaru, dan hanya tertumpu kepada pertuturan harian biasa amat bercelaru, dan hanya tertumpu kepada pertuturan harian biasa

dan tidak ditingkatkan juga kepada budaya pembacaan serta penulisan.dan tidak ditingkatkan juga kepada budaya pembacaan serta penulisan.

Penguasaan Bahasa Melayu diperlukan kerana ianya akan memudahkan Penguasaan Bahasa Melayu diperlukan kerana ianya akan memudahkan

kita memanfa’atkan khazanah ‘ilmu Islam (buku-syarahan) di-Nusantarakita memanfa’atkan khazanah ‘ilmu Islam (buku-syarahan) di-Nusantara

Sangat dibimbangkan sekiranya nanti: “Sangat dibimbangkan sekiranya nanti: “Apa yang dikejar tidak dapat, Apa yang dikejar tidak dapat,

malah yang digendong pula keciciranmalah yang digendong pula keciciran.”.”

AIM TO BE EFFECTIVE IN BOTH LANGUAGESAIM TO BE EFFECTIVE IN BOTH LANGUAGES


Daun kelapa anyaman ketupat,

Isikan berasnya janganlah padat,

Gunakanlah Bahasa mu secara tepat

Moga Jiwa Melayumu semakin mampat.

Weaving ketupat with coconut leaves in a tray,Filling them with rice but not fully all the way,Speak your language eloquently in the correct way ,As this will affirm your true identity as a Malay.

English translationEnglish translation


Buai laju-laju,Buai laju-laju,

Sampai cucur atapSampai cucur atap

Pandai berbahasa MelayuPandai berbahasa Melayu

Supaya dapat membaca KitabSupaya dapat membaca Kitab

Swinging high up and awayTouching the roof while swinging in the cradleWhen one has mastery in the language of Malay Much of its Books will be useful and beneficial.



Neglect not your vernacular its usage and proficiencyPreserving this heritage is a duty we must not abusePractice it often to develop our literacy and fluencyFor in the Nusantara, Malay language is still much in use

Bahasa ibunda mu janganlah terabaiBahasa ibunda mu janganlah terabai

Jagalah pusaka ini dan jangan dicuai Jagalah pusaka ini dan jangan dicuai

Fasihkan bertutur supaya pandaiFasihkan bertutur supaya pandai

Di-Nusantara ini bahasa Melayu masih dipakaiDi-Nusantara ini bahasa Melayu masih dipakai



Bulan Ramadhan kita berpuasa,Bulan Ramadhan kita berpuasa,

Kejayaannya disambut di Hari Raya,Kejayaannya disambut di Hari Raya,

Kalau sesama bangsa kita tak reti berbahasaKalau sesama bangsa kita tak reti berbahasa

Ibaratkan pepohon terencat akarnya.Ibaratkan pepohon terencat akarnya.

Muslims have to fast daily in the month of Ramadhan,Success is celebrated on a day that is grand, If in your own language you speak not well nor understand, Being like a tree, with its roots stuck dead in the sand.

AIM TO BE EFFECTIVE IN BOTH LANGUAGESAIM TO BE EFFECTIVE IN BOTH LANGUAGES



Teaching Islam in English Teaching Islam in English now is increasingly in demand and many now is increasingly in demand and many

classes or courses are eagerly started, but who are teaching these classes or courses are eagerly started, but who are teaching these

courses or classes .. ?courses or classes .. ?

Yet, from my experience in this field, the approach in teaching and Yet, from my experience in this field, the approach in teaching and

the curriculum to use, the curriculum to use, cannot merely be by translating cannot merely be by translating or or

converting whatever has been done in Malay into English (as some converting whatever has been done in Malay into English (as some

may have simplistically presumed).may have simplistically presumed).

Or even by transplanting these from other (Western) country, Or even by transplanting these from other (Western) country,

there are issues or concerns – especially with regard tothere are issues or concerns – especially with regard to ADAB ADAB and and

respect for what has already been nurtured by our past respect for what has already been nurtured by our past ‘ULAMA‘ULAMA..


Also the Also the MAD-’UMAD-’U (the audience for (the audience for DA’WAHDA’WAH and students) their and students) their

exposure and background, may require special responses – viz. be exposure and background, may require special responses – viz. be

they converts from other religion, youth, adults, an agnostics, they converts from other religion, youth, adults, an agnostics,

secularist, sceptics, atheists, etc. secularist, sceptics, atheists, etc.

Do we have these?Do we have these?

A concern too, is the proficiency (or rather the lack of it) of many A concern too, is the proficiency (or rather the lack of it) of many

ASAATIZAHASAATIZAH in use of English, since in use of English, since the teaching of Faith requires the teaching of Faith requires

convincing and very engaging , communication skillsconvincing and very engaging , communication skills..



Qualified graduates from Islamic learning centres, even those Qualified graduates from Islamic learning centres, even those

proficient in English, are advised to refer to or (if they have any proficient in English, are advised to refer to or (if they have any

humility) to spend some time to learn from those with much humility) to spend some time to learn from those with much

experience, especially those who have already been involved for experience, especially those who have already been involved for

years in this field years in this field locallylocally - rather than trying to ‘ - rather than trying to ‘re-invent the wheel re-invent the wheel ’.’.

Especially useful is to know the kind of ‘Especially useful is to know the kind of ‘questions, arguments and questions, arguments and

concerns concerns ’ which contemporary audience frequently posed, and how ’ which contemporary audience frequently posed, and how

to effectively address them.to effectively address them.



Importing and Importing and indiscriminateindiscriminate use of foreign ‘talents’ without seeking advice use of foreign ‘talents’ without seeking advice

from local Islamic scholars and teachers (from local Islamic scholars and teachers (in the field, the actual practitioners – in the field, the actual practitioners –

not academicsnot academics) is sign of our lacking in ) is sign of our lacking in ADABADAB. .

‘‘Education’ should be regarded like nurturing of seeds and plants, and the Education’ should be regarded like nurturing of seeds and plants, and the

teachers or educators like the “gardeners” : whose knowledge, experience, teachers or educators like the “gardeners” : whose knowledge, experience,

wisdom, sincerity, and their love, affection, commitment, passionate dedication wisdom, sincerity, and their love, affection, commitment, passionate dedication

to their growing plant, cannot be easily replaced. to their growing plant, cannot be easily replaced.

““ApprenticeshipApprenticeship” (or mentoring) of those intending to take-over their role must ” (or mentoring) of those intending to take-over their role must

be done – especially teaching Islam in English. Have this been seriously and be done – especially teaching Islam in English. Have this been seriously and

adequately done? And by whom? adequately done? And by whom?




PREVIOUSLY EXPLAINEDPREVIOUSLY EXPLAINEDAll Rights Reserved © Zhulkeflee Hj Ismail (2014))

DEPENDING UPON NEEDS – AIM OF LEARNING FIQH DEPENDING UPON NEEDS – AIM OF LEARNING FIQH

The traditional approach for teaching and learning The traditional approach for teaching and learning FIQHFIQH is towards is towards

becoming a religious scholars or teachers. becoming a religious scholars or teachers.

For these, their curriculum on For these, their curriculum on FIQHFIQH is similar or equivalent to that in is similar or equivalent to that in

full-time full-time MadrasahMadrasah and may prepare such students with one of the and may prepare such students with one of the

qualification for pursuing further studies in higher centres of learning qualification for pursuing further studies in higher centres of learning

– specializing in Islamic studies.– specializing in Islamic studies.

This may not be suitable for most of the Muslims (generally).This may not be suitable for most of the Muslims (generally).


DEPENDING UPON NEEDS – AIM OF LEARNING FIQH DEPENDING UPON NEEDS – AIM OF LEARNING FIQH

NOTENOTE: Those aiming to be scholars must not regard that with this : Those aiming to be scholars must not regard that with this

component/subject component/subject FIQHFIQH alone, as being adequate for it must alone, as being adequate for it must

include also other related field of specialised studies viz. include also other related field of specialised studies viz. Arabic, Arabic,

Qur’an, ‘Ulum-al-Qur’an, Tafsir, Ahadith, ‘Ulum al-Hadith, Seerah, Qur’an, ‘Ulum-al-Qur’an, Tafsir, Ahadith, ‘Ulum al-Hadith, Seerah,

Tarikh, Usul-Fiqh, Aqeedah, AkhlaqTarikh, Usul-Fiqh, Aqeedah, Akhlaq, , Da’wahDa’wah etc. because Islamic etc. because Islamic

scholars cannot go into specialization without adequate learning in scholars cannot go into specialization without adequate learning in

(eclectic) sciences of the (eclectic) sciences of the DEENDEEN..


THE CURRICULUM – (GENERAL) THE CURRICULUM – (GENERAL)

Here, I am sharing what I’ve envisaged (and which I am Here, I am sharing what I’ve envisaged (and which I am

continuously implementing) as the curriculum in learning continuously implementing) as the curriculum in learning FIQHFIQH for for

new Muslims (in English) – or for those who may only be able to new Muslims (in English) – or for those who may only be able to

attend classes for a short duration (perhaps once a week).attend classes for a short duration (perhaps once a week).

Their needs in Their needs in FIQHFIQH are somewhat different from those intending are somewhat different from those intending

to be specialist in the knowledge of the to be specialist in the knowledge of the DEENDEEN..



Also of late, many confusion did arose when matters of Also of late, many confusion did arose when matters of

““KHILAAFIYAHKHILAAFIYAH” (Difference of opinion amongst the ” (Difference of opinion amongst the MADZAAHIBMADZAAHIB) were ) were

callously introduced by certain groups.callously introduced by certain groups.

Perhaps in seeking followers, some may resort with utter Perhaps in seeking followers, some may resort with utter

inconsiderateness (even stooping to instigation) with their ‘critique’ inconsiderateness (even stooping to instigation) with their ‘critique’

or by hastily belittling certain opinions of predominant school or by hastily belittling certain opinions of predominant school

MADZHABMADZHAB which most Muslims here have already been earlier which most Muslims here have already been earlier

taught.taught.



Also, many may have gone on to study Also, many may have gone on to study FIQHFIQH without being without being

adequately introduced to this field of study - how it is placed adequately introduced to this field of study - how it is placed

within the overall educational need of a Muslim – the bigger within the overall educational need of a Muslim – the bigger

schema; aim and purpose of the study; relevant history of its schema; aim and purpose of the study; relevant history of its

development; how to learn; etc. development; how to learn; etc.

This knowledge is crucial.This knowledge is crucial.

In accordance with In accordance with ADABADAB, all these should be provided in what we , all these should be provided in what we

termed “Introductory Module” - termed “Introductory Module” - MUQADDIMAHMUQADDIMAH . .



We fear for the possible loss of We fear for the possible loss of ADABADAB amongst these students and amongst these students and

the danger of ‘anarchy’ as some in their ignorance, even are the danger of ‘anarchy’ as some in their ignorance, even are

advocating the doing away of the need to follow advocating the doing away of the need to follow MADZHABMADZHAB itself. itself.

We are not against their learning comparative schools of Islamic We are not against their learning comparative schools of Islamic

jurisprudence : jurisprudence : MADZAAHIBMADZAAHIB (as an advanced study module) but (as an advanced study module) but

this is reserved only for those who are already competent in the this is reserved only for those who are already competent in the

initial initial MADZHABMADZHAB they were on, and who knows and have the they were on, and who knows and have the ADABADAB

in matters of in matters of KHILAAFIYAHKHILAAFIYAH..


However in Singapore, where Muslims generally attend part-time However in Singapore, where Muslims generally attend part-time

classes on Islam (usually only once a week), it would not be classes on Islam (usually only once a week), it would not be

possible to follow this curriculum / quantum (unless for the possible to follow this curriculum / quantum (unless for the

exceptional few who can give more of their time and be fully exceptional few who can give more of their time and be fully

committed to engage in regular committed to engage in regular HalaqahHalaqah, as stipulated by mentor / , as stipulated by mentor /

Sheikh).Sheikh).

Therefore, the following (is our suggestion) here is meant for the Therefore, the following (is our suggestion) here is meant for the

general Muslims or new Muslims (convert or novice), as general Muslims or new Muslims (convert or novice), as

introduction to learning introduction to learning FIQHFIQH (part-time). (part-time).

MUQADDIMAH: THE SEQUENCE OF TOPIC – SPECIFIC OBJECTIVE MUQADDIMAH: THE SEQUENCE OF TOPIC – SPECIFIC OBJECTIVE


MUQADDIMAH: THE SEQUENCE OF TOPIC – SPECIFIC OBJECTIVE MUQADDIMAH: THE SEQUENCE OF TOPIC – SPECIFIC OBJECTIVE

Below are the major suggested topics, I have incorporated:Below are the major suggested topics, I have incorporated:

ADABADAB IN LEARNING IN LEARNING

WHAT IS WHAT IS SHAR’IAHSHAR’IAH??

OVERVIEW AND INTRODUCTION TO OVERVIEW AND INTRODUCTION TO MADZHABMADZHAB

KNOWING RELEVANT HISTORY AND CONTEXT (KNOWING RELEVANT HISTORY AND CONTEXT (WAQI’IYWAQI’IY))

PRIORITY OF THE SUBJECT TO LEARN (PRIORITY OF THE SUBJECT TO LEARN (AWLAAWIYYAAWLAAWIYYA))

LEARNING KNOWLEDGE (LEARNING KNOWLEDGE (FIQHFIQH) FOR ) FOR APPLICATION APPLICATION IN LIFE.IN LIFE.


REVISITING THE “TAUREVISITING THE “TAUHHEEDIC PARADIGM” EEDIC PARADIGM” CHART - IN A MUSLIM’S EDUCATIONCHART - IN A MUSLIM’S EDUCATION

* From Fardhu ‘Ain class slides & “Beginners Manual on Islam” - Addendum


‘ILM FIQH(Practical Laws for life;

Learning of the Shari’ah)

Purpose / ObjectiveDevelopment of Correct Practices;

Submission & Obedience to Will of Allah (Islam)

What is involved?Knowing the law, rules as Guidance to every aspect of life

Capability to implementing them in life

What is the Effect?To develop a community of people,

Inviting to what is goodEnjoining what is right, and forbidding evil,

Advocating the fulfilment of AMANAH (Trust)As Allah’s Khalifah (vicegerent),

Establishing the Brotherhood of Man in The servitude of One God.

TauTauhheedic paradigmeedic paradigm













BROAD EXTENT OF TOPICS COVERED IN FIQHBROAD EXTENT OF TOPICS COVERED IN FIQH‘‘ibadah ibadah (personal devotion / worship) (personal devotion / worship) MuamalahMuamalah (social transaction) (social transaction) MunakahahMunakahah (Marriage & family) (Marriage & family) Irth / fara’id Irth / fara’id (Distribution of wealth)(Distribution of wealth) JinayahJinayah (crimes & punishment) (crimes & punishment) Qodha’iyahQodha’iyah (judiciary)(judiciary) jihad / Da’wah jihad / Da’wah (struggle in war & peace)(struggle in war & peace) imarahimarah (Leadership/government)(Leadership/government)













RELEVANT COMPLEMENTARY RELEVANT COMPLEMENTARY KNOWLEDGE:KNOWLEDGE:

All applied sciences, technologyAll applied sciences, technologyand skills, knowledge of economics, politics, and skills, knowledge of economics, politics,

social & administrative social & administrative sciences etc. that can assist in the sciences etc. that can assist in the

fulfilment of establishing justice, order, peace, fulfilment of establishing justice, order, peace, harmony, prosperity, physical harmony, prosperity, physical

with moral progress, and the well-being with moral progress, and the well-being of Man & society, etc.of Man & society, etc.


TO CONTINUE ON …TO CONTINUE ON …


AMONGST THEM WHICH IS RELEVANT TODAY AMONGST THEM WHICH IS RELEVANT TODAY

Always remember to always comply with Always remember to always comply with ADABADAB of a student, and of a student, and

ADABADAB towards all teachers. towards all teachers.

As we may have to re-learn or even unlearn, be patient especially As we may have to re-learn or even unlearn, be patient especially

when new ‘revelation’ seem to negate (or even refute) what you when new ‘revelation’ seem to negate (or even refute) what you

may already know. As students our ‘ego’ had to firstly be put in their may already know. As students our ‘ego’ had to firstly be put in their

place, before it can be deserving of clarification and illumination.place, before it can be deserving of clarification and illumination.

How you are learning and being taught (method) is unique for How you are learning and being taught (method) is unique for

yourself, not a template to be applied for others .yourself, not a template to be applied for others .



Remember as student, you must resist the tendency to teach others – Remember as student, you must resist the tendency to teach others –

what more to be the judge of others.what more to be the judge of others.

Instead, resist it by making Instead, resist it by making DU’ADU’A for them. As for yourself, this for them. As for yourself, this DZIKR DZIKR

sufficient:sufficient:

There is no power nor strength except with Allah The Most High, the Most There is no power nor strength except with Allah The Most High, the Most

Esteem.Esteem.


Avoid platforms and gatherings that incite most Avoid platforms and gatherings that incite most JIDALJIDAL (acrimonious (acrimonious

argumentations) regarding argumentations) regarding HUKUMHUKUM. It is difficult to remain humble, yet, . It is difficult to remain humble, yet,

as a student patience and humility are very crucial lest your knowledge as a student patience and humility are very crucial lest your knowledge

gained may become, not only unbeneficial ,but harmful.gained may become, not only unbeneficial ,but harmful.


Always be wary of your own ego. Always be wary of your own ego. ADABADAB is to be acted upon, not is to be acted upon, not

something to be discussed. To try to impress and convince others something to be discussed. To try to impress and convince others

as to what should be as to what should be ADABADAB or not to those who are heedless and or not to those who are heedless and

ignorant, itself may actually be contrary to ignorant, itself may actually be contrary to ADABADAB..

Be careful of negative emotions, especially of ‘Be careful of negative emotions, especially of ‘angeranger’ towards ’ towards

others for this may indicate arrogance. others for this may indicate arrogance.

Ask yourself honestly “Ask yourself honestly “why am I angry at him or her?why am I angry at him or her?” If there is no ” If there is no

SHAR’IESHAR’IE (valid) reason, then be angry at your own ‘ (valid) reason, then be angry at your own ‘angeranger’.’.


““Then We put you, [O Muhammad], on an ordained Then We put you, [O Muhammad], on an ordained

way (way (SHARI-’ATINSHARI-’ATIN) concerning the matter [of ) concerning the matter [of

religion]; so follow it and do not follow the religion]; so follow it and do not follow the

inclinations of those who do not know.―” inclinations of those who do not know.―”

((Qur’an: Ja-thiyah: 45: 18Qur’an: Ja-thiyah: 45: 18))


AAS-SHARI-’AHS-SHARI-’AH : :

The Revealed Law, or Canonical Law of Islam.The Revealed Law, or Canonical Law of Islam.


- Path to be followed,Path to be followed,

- Source of water, drinking place, approach - Source of water, drinking place, approach

to a watering hole,to a watering hole,


- sail, sail,

- tent,tent,


- lawfulness, legality, legitimacylawfulness, legality, legitimacy


- From these meanings of the root word, we can understand From these meanings of the root word, we can understand

that for Muslims, that for Muslims, SHARI-’AHSHARI-’AH is the path to be followed, not is the path to be followed, not

only leading to Allah, the Most High, but the path believed only leading to Allah, the Most High, but the path believed

by Muslims to be the path shown by Allah, the Creator by Muslims to be the path shown by Allah, the Creator

Himself through the Messenger Muhammad s.a.a.w. , the Himself through the Messenger Muhammad s.a.a.w. , the

Divinely approved path, a total way of living leading Divinely approved path, a total way of living leading

ultimately to the Eternal Life.ultimately to the Eternal Life.


““Guide us upon Guide us upon the straight way the straight way ((SWSWIRAT). The IRAT). The way of those way of those on on

whom Thou hast bestowed whom Thou hast bestowed Thy Grace Thy Grace (NI’MAH), Those whose (NI’MAH), Those whose

(portion) (portion) is not wrath is not wrath (GHADB) and who go (GHADB) and who go not astray not astray ((DWDWALL).” ALL).”

((Qur’an: al-Fatihah: 1: 6-7Qur’an: al-Fatihah: 1: 6-7) )


O YOU who have attained to faith! Do not put yourselves O YOU who have attained to faith! Do not put yourselves

forward in the presence of [what] Allah and His Messenger forward in the presence of [what] Allah and His Messenger

[may have ordained], but remain conscious of Allah: for, [may have ordained], but remain conscious of Allah: for,

verily, Allah is all-hearing, all-knowing!. verily, Allah is all-hearing, all-knowing!.

((Qur’an: Hujurat: 49: 1Qur’an: Hujurat: 49: 1))


“It is not fitting for a Believer, man or woman, when a

matter has been decided by Allah and His Messenger,

to have any option about their decision: if anyone

disobeys Allah and His Messenger he is indeed on a

clearly wrong Path.”

(Qur’an: Ahzab: 33: 36)


“ “And We sent down the Book to thee (O Muhammad) And We sent down the Book to thee (O Muhammad)

for the express purpose that thou shouldst make clear for the express purpose that thou shouldst make clear

to them those things in which they differ, and that it to them those things in which they differ, and that it

should be a guide and a mercy to those who believe.”should be a guide and a mercy to those who believe.”

((Qur’an: An-Nahlu: 16: 64Qur’an: An-Nahlu: 16: 64))


“Alif Lam Ra. A Book which We have revealed unto

thee (O Muhammad) in order that thou mightest lead

mankind out of the depths of darkness into light― by

the leave of their Lord― to the Way of (Him) Exalted in

Power, Worthy of all Praise!”

(Qur’an: Ibrahim: 14: 1)


““And this (He commands): Judge thou between them And this (He commands): Judge thou between them

by what Allah hath revealed and follow not their vain by what Allah hath revealed and follow not their vain

desires, but beware of them lest they beguile thee desires, but beware of them lest they beguile thee

from any of that (teaching) which Allah hath sent from any of that (teaching) which Allah hath sent

down to thee. And if they turn away, be assured that down to thee. And if they turn away, be assured that

for some of their crimes it is Allah's purpose to punish for some of their crimes it is Allah's purpose to punish

them. And truly most men are rebellious.”them. And truly most men are rebellious.”

((Qur’an: Maa-idah: 5: 49Qur’an: Maa-idah: 5: 49))


““O Messenger! proclaim the (Message) which hath been O Messenger! proclaim the (Message) which hath been

sent to thee from thy Lord. If thou didst not thou sent to thee from thy Lord. If thou didst not thou

wouldst not have fulfilled and proclaimed His Mission: wouldst not have fulfilled and proclaimed His Mission:

and Allah will defend thee from men (who mean and Allah will defend thee from men (who mean

mischief). For Allah guides not those who reject Faith.” mischief). For Allah guides not those who reject Faith.”

((Qur’an: Maa-idah: 5: 67Qur’an: Maa-idah: 5: 67))


“ “O ye who believe! Obey Allah and obey the Messenger O ye who believe! Obey Allah and obey the Messenger

and (and (ULIL-’AMRI MINKUMULIL-’AMRI MINKUM) those charged with authority ) those charged with authority

among you. If ye differ in anything among yourselves, among you. If ye differ in anything among yourselves,

refer it to Allah and His Messenger if ye do believe in refer it to Allah and His Messenger if ye do believe in

Allah and the Last Day: that is best, and most suitable for Allah and the Last Day: that is best, and most suitable for

final determination.”final determination.”

((Qur’an: An-Nisa’: 4: 59Qur’an: An-Nisa’: 4: 59))


““And I leave behind me for you all, for clarifying in your And I leave behind me for you all, for clarifying in your

affairs (of this religion), whosoever holdfast to them shall affairs (of this religion), whosoever holdfast to them shall

never be led astray – (these are) the never be led astray – (these are) the Book of Allah Book of Allah and and

the the SunnahSunnah (Way or tradition) of His Messenger.” (Way or tradition) of His Messenger.”

((From Sermon reported by Ibnu Hisham in his “Seerah”From Sermon reported by Ibnu Hisham in his “Seerah”))All Rights Reserved © Zhulkeflee Hj Ismail (2014))

““(Honour) My successors ((Honour) My successors (Khulafa’Khulafa’), may Allah s.w.t. ), may Allah s.w.t.

be Merciful towards them!.” be Merciful towards them!.”

He was asked: “Who are your successors (He was asked: “Who are your successors (Khulafa’Khulafa’) )

O Messenger of Allah?” O Messenger of Allah?”

And he said: And he said:

““They are those who revive my They are those who revive my SunnahSunnah (the Way or (the Way or

traditions) and teaches them to the servants of traditions) and teaches them to the servants of

Allah.”Allah.”

((Hadith of the Prophet s.a.a.wHadith of the Prophet s.a.a.w.).)


“Whomsoever that Allah wishes for him goodness, He will

make him a FAQIH (learned) in matters of the

religion(Deen); and for everything there is a pillar, and the

pillar of this religion is AL-FIQH – (the profound

understanding of the Deen); a learned scholar (of the Deen)

is more difficult upon Satan than a thousand worshippers.”

((Reported by Bukhary and MuslimReported by Bukhary and Muslim))


From Allah SWT and His Messenger Muhammad s.a.a.w. are the From Allah SWT and His Messenger Muhammad s.a.a.w. are the

SHARI’AHSHARI’AH is to be derived - the primary sources. is to be derived - the primary sources.

Thus the legacy for this is contained within two important Thus the legacy for this is contained within two important

corpuses – the corpuses – the QUR’ANQUR’AN and and AS-SUNNAHAS-SUNNAH – which have always – which have always

been unanimously acknowledged by every Muslims since the been unanimously acknowledged by every Muslims since the

Prophetic era, meticulously collected, checked for its authenticity, Prophetic era, meticulously collected, checked for its authenticity,

applied in practice which thus expanded the wisdom of the applied in practice which thus expanded the wisdom of the

UMMAHUMMAH with juristic precedence, and faithfully preserved until with juristic precedence, and faithfully preserved until

today.today.


Yet, extracting the rulings and guidance from these require one who Yet, extracting the rulings and guidance from these require one who

is competent, possessing adequate knowledge and proficiency in the is competent, possessing adequate knowledge and proficiency in the

Arabic language (classical); the relevant sciences of the Arabic language (classical); the relevant sciences of the QUR’ANQUR’AN; the ; the

sciences of sciences of AHADITHAHADITH; the principles of Jurisprudence (; the principles of Jurisprudence (USUL AL-USUL AL-

FIQHFIQH), etc. ), etc.

For those not competent, they have to rely upon those specialised For those not competent, they have to rely upon those specialised

and qualified to do, what is technically referred to as, and qualified to do, what is technically referred to as, ISTINBATISTINBAT (the (the

ability to extract and codify rulings from these primary sources).ability to extract and codify rulings from these primary sources).


These scholars are called “These scholars are called “MUJTAHIDUNMUJTAHIDUN” – from the verb (word) ” – from the verb (word)

IJTIHADIJTIHAD – “ – “exertionexertion” of a scholar in extracting a ruling from the ” of a scholar in extracting a ruling from the

primary sources.primary sources.

The significance is that such rulings are called “The significance is that such rulings are called “FIQHFIQH” – which mean ” – which mean

““understanding of understanding of ” – and not the “” – and not the “SHARI’AHSHARI’AH “ itself . “ itself .

The use of the term by the early The use of the term by the early MUJTAHIDUNMUJTAHIDUN refers to their refers to their

understanding of the understanding of the DEENDEEN, which are generally categorised into , which are generally categorised into

USULIYYAH -I’TIQODIYAH USULIYYAH -I’TIQODIYAH (Principles-Belief), (Principles-Belief), FURU’IYAH- ‘AMALIYAH FURU’IYAH- ‘AMALIYAH

(Branch – Practices).(Branch – Practices).


As regards rules derived by the scholarly “exertion”As regards rules derived by the scholarly “exertion” IJTIHAD IJTIHAD, we , we

affixed the name of the scholar’s who made them. Thus we say affixed the name of the scholar’s who made them. Thus we say

““FIQH AS-SHAFI-’IEFIQH AS-SHAFI-’IE” or “” or “FIQH AL-HANAFIFIQH AL-HANAFI” etc. meaning ” etc. meaning “(the “(the

SHARI’AHSHARI’AH rulings from the) understanding of Imam As-Shafi-’ie or of rulings from the) understanding of Imam As-Shafi-’ie or of

Imam Abu HanifaImam Abu Hanifa” respectively. ” respectively.

This fact is important to be appreciated by followers of whichever This fact is important to be appreciated by followers of whichever

MADZHAB MADZHAB today, to avert ignorant fanatics amongst them claiming today, to avert ignorant fanatics amongst them claiming

exclusivity, that theirs is the only right interpretation, while those exclusivity, that theirs is the only right interpretation, while those

who differ from them are deviant.who differ from them are deviant.


Also, what this means is that these rulings are a particular scholar’s Also, what this means is that these rulings are a particular scholar’s

best understanding of the best understanding of the SHARI’AHSHARI’AH to a given matter, which imply to a given matter, which imply

that that SHARI’AHSHARI’AH itself remaining open to other possible itself remaining open to other possible

interpretations, by other qualifiedinterpretations, by other qualified MUJTAHID , MUJTAHID , as in other time and or as in other time and or

in other circumstances.in other circumstances.

Also to note, there are already enough principles and rulings Also to note, there are already enough principles and rulings

unanimously and universally upheld by Islamic scholars in unanimously and universally upheld by Islamic scholars in Qur’anQur’an and and

AhadithAhadith, clear and unequivocal, preserved and continually referred , clear and unequivocal, preserved and continually referred

to, in these primary sources and cannot be reinterpreted by to, in these primary sources and cannot be reinterpreted by IJTIHADIJTIHAD. .

This agreement is termed This agreement is termed IJMA’IJMA’..


But this is not a totally rigid legal system for there are also But this is not a totally rigid legal system for there are also

inherent flexibility too within the inherent flexibility too within the SHARI’AHSHARI’AH , especially , especially

regarding its implementations with many provisos and regarding its implementations with many provisos and

guidelines – ensuring it remains relevant and dynamic.guidelines – ensuring it remains relevant and dynamic.

Ample and adequate areas are left open for scholars to seek out Ample and adequate areas are left open for scholars to seek out

a specific rulings, or for rules of exceptions to be invoked due to a specific rulings, or for rules of exceptions to be invoked due to

new and extenuating circumstances etc. – by applying well-new and extenuating circumstances etc. – by applying well-

established and universally accepted general principles . These established and universally accepted general principles . These

usually pertains to secondary matters or involving matters of usually pertains to secondary matters or involving matters of

specifics and details.specifics and details.


Here is where Here is where IKHTILAFIKHTILAF (differences) usually occur, which is to be (differences) usually occur, which is to be

expected and tolerated as long is it is from a valid interpretation. expected and tolerated as long is it is from a valid interpretation.

What Islamic scholars are vigilant of is when an interpretation is a What Islamic scholars are vigilant of is when an interpretation is a

deviancy or an obvious error (opposed to unanimously accepted deviancy or an obvious error (opposed to unanimously accepted

established principles ) – which are to be corrected.established principles ) – which are to be corrected.

An Islamic scholars role is not merely to pronounce a ruling, but to An Islamic scholars role is not merely to pronounce a ruling, but to

guide the community upon the right guidance which guide the community upon the right guidance which SHARI’AH SHARI’AH was was

meant for. meant for.


And the purpose of And the purpose of AD-DEEN AL-ISLAMAD-DEEN AL-ISLAM especially the especially the SHARI’AHSHARI’AH

established by our Prophet s.a.a.w. which has been perfected established by our Prophet s.a.a.w. which has been perfected

(“(“KAAMILKAAMIL”) – therefore needing no more revision, is to bring ”) – therefore needing no more revision, is to bring

solution not problems; it relieves mankind of hardship not solution not problems; it relieves mankind of hardship not

accentuating nor condoning them; seeking to uphold Justice as accentuating nor condoning them; seeking to uphold Justice as

well as spreading Mercy ; it is neither too rigid nor too relaxed; well as spreading Mercy ; it is neither too rigid nor too relaxed;

firm upon principles yet not stifling but tolerant; etc. in other firm upon principles yet not stifling but tolerant; etc. in other

words – words – “just, balanced, the middle path, equilibrium etc. –”“just, balanced, the middle path, equilibrium etc. –”

from the Qur’anic term “from the Qur’anic term “WASOTIYYAHWASOTIYYAH”.”.


““This day have those who reject Faith given up all This day have those who reject Faith given up all

hope of your religion: yet fear them not but fear Me. hope of your religion: yet fear them not but fear Me.

This day have I perfected your religion for you, This day have I perfected your religion for you,

completed my favour upon you, and have chosen for completed my favour upon you, and have chosen for

you ‘AI-slam’ as your religion.”you ‘AI-slam’ as your religion.”

((Qur’an: al-Maa-idah: 5: 3Qur’an: al-Maa-idah: 5: 3))


““And thus have We willed you to be a community And thus have We willed you to be a community

of the middle way (of the middle way (ummatan wasotanummatan wasotan) [i.e. justly ) [i.e. justly

balanced], so that [with your lives] you might balanced], so that [with your lives] you might

bear witness to the truth before all mankind bear witness to the truth before all mankind

((shuhadaa-a ‘alan-naasshuhadaa-a ‘alan-naas) , and the Messenger as a ) , and the Messenger as a

witness over you.“witness over you.“

((Qur’an: al- Baqarah: 2:143Qur’an: al- Baqarah: 2:143))


The primary concern of the Shari’ah can be summed

up, generally as :

“(towards ensuring a better life by)

providing “maslahat ” (benefits)

and the removal of “mafsadah ” (harm) for mankind.”


Thus the Shari’ah laws are there to firstly preserve the basic

rights :

Dharuriyyah: “the essential rights of mankind.”

This can be said to be Islam’s stipulations of basic human rights -

which the purpose of any legislative philosophy should uphold.

Yet, because Shari’ah is based on Divinely revealed principles ,

clearly established and documented, it cannot be repealed

anymore, like the man made legislative system.


The five important essentials (human rights) which it seeks to The five important essentials (human rights) which it seeks to

preserve are: preserve are:

1.1. right of religionright of religion, ,

2.2. right to life, right to life,

3.3. right to proper use of the intellect, right to proper use of the intellect,

4.4. right to ownership of property, right to ownership of property,

5.5. right of progeny (including preservation of honour and right of progeny (including preservation of honour and

dignity).dignity).

DharuriyyahDharuriyyah: the essential rights of mankind.: the essential rights of mankind.


Not only does the Shari’ah laws are there to preserve these basic

rights, it goes even beyond mere essentials but includes catering to

related human needs (Haa-jiat) :

Haa-jiat : “the needs of mankind.”

The needs are those requirements attached to the essential rights

as mentioned above. Thus, it provides a wide and dynamic scope

for jurists to extend and include considerations for changing

circumstances of human life.

Haa-jiatHaa-jiat: the needs of mankind.: the needs of mankind.


TaTahhsiniyyatsiniyyat: the perfection in well-being.: the perfection in well-being.

Not merely the essential and needs, the Shari’ah even strive

towards the ultimate betterment, termed:

Tahsiniyyat : the perfection of mankind’s well-being.

The perfection of man’s life are those which society is

enjoined by Islam to aspire to, which can be summed up

into two broad categories:

MAKARIM AL-AKHLAQ

MAHAASIN AL-’AADAH


MAKARIM AL-AKHLAQMAKARIM AL-AKHLAQ: : ““the nobility of character of citizens”the nobility of character of citizens”

As the aim in legislation is to ensure well-being of society,

Islam’s fundamental focus is also towards the actualizing the

goodness in man through: ISLAH ‘reform’ or ‘rehabilitation’ of

its citizen towards noble ethical virtues, without which the

‘goodness’ of any law would be worthless - as it can never be

manifested in society.



Thus, the educative (element) of the Prophet’s implementation

of Shari’ah upon the citizens must never be overlooked, lest it

become dry legalism - enforcement lacking compassion and

autocratic – which is opposed to how the Prophet Muhammad

s.a.a.w. had taught and had successfully established (SUNNAH)

to the first generation amongst our pious predecessors . Allah

SWT recorded praises regarding his exemplary approach:



““It is part of the Mercy of Allah that thou dost deal It is part of the Mercy of Allah that thou dost deal

gently with them. Wert thou severe or harsh-hearted gently with them. Wert thou severe or harsh-hearted

they would have broken away from about thee; so pass they would have broken away from about thee; so pass

over (their faults), and ask for (Allah's) forgiveness for over (their faults), and ask for (Allah's) forgiveness for

them; and consult them in affairs (of moment). Then them; and consult them in affairs (of moment). Then

when thou hast taken a decision, put thy trust in Allah. when thou hast taken a decision, put thy trust in Allah.

For Allah loves those who put their trust (in Him).” For Allah loves those who put their trust (in Him).”

((Qur’an: Aali ‘Imran: 3:159Qur’an: Aali ‘Imran: 3:159))



“ “Ye are the best of peoples, evolved for mankind, enjoining what is Ye are the best of peoples, evolved for mankind, enjoining what is

right, forbidding what is wrong, and believing in Allah.”right, forbidding what is wrong, and believing in Allah.”

((Qur’an: Aali ‘Imran: 3: 110Qur’an: Aali ‘Imran: 3: 110))



''Verily, in the Messenger of Allah (Muhammad) you have a good

example for everyone who looks forward (with hopes and awes)

to Allah and the Last Day, and remembers Allah unceasingly''.

(Qur'an: Al Ahzab 33:21)



“And thou (Muhammad) standest on an exalted standard

of character.”

(Qur’an: al-Qalam: 68:4)



Prophet Muhammad s.a.w. said:Prophet Muhammad s.a.w. said:

““Verily I have not been raised (as a Prophet) except

to perfect the noble nature (AKHLAQ) of mankind''.


MAHASIN-AL-’AADAHMAHASIN-AL-’AADAH: : ““perfecting customs or life-style”perfecting customs or life-style”

As to these (perfecting life-style and customs by making available

all that which benefits society) – the Shari’ah must aim to affect

positively to the customs and life-style in others based upon

universal moral value inherent in all religion or humane , so that

life can be an expression of praising and glorification of God.



The right or freedom to choose religion being upheld, does not

prevent positive interaction amongst various people of different

race or religion to be done. Islamic Da’wah (call, invitation or

propagation) is most effectively done , by providing a practical

examples. Even if others do not accept to embrace Islam, it wish

to share the universal human morality inherent in people so

that life becomes better if not the best.



““There is no compulsion in religion. Verily, the Right There is no compulsion in religion. Verily, the Right

Path has become distinct from the wrong path.”Path has become distinct from the wrong path.”

((Qur’an: Baqarah: 2: 256Qur’an: Baqarah: 2: 256) )



““Allah commands justice, the doing of good, and the giving Allah commands justice, the doing of good, and the giving

to kith and kin (their dues), and He forbids all shameful to kith and kin (their dues), and He forbids all shameful

deeds, and injustice and rebellion: He instructs you, that ye deeds, and injustice and rebellion: He instructs you, that ye

may receive admonition.”may receive admonition.”

((Qur’an: Nahlu: 16: 90Qur’an: Nahlu: 16: 90))



““So set thou thy face steadily and truly to the faith: So set thou thy face steadily and truly to the faith:

(establish) Allah's handiwork according to the pattern on (establish) Allah's handiwork according to the pattern on

which He has made mankind: no change (let there be) in the which He has made mankind: no change (let there be) in the

work (wrought) by Allah: that is the standard Religion: but work (wrought) by Allah: that is the standard Religion: but

most among mankind understand not.” most among mankind understand not.”

((Qur’an: Rum: 30: 30Qur’an: Rum: 30: 30))



““And thus have We willed you to be a community of the And thus have We willed you to be a community of the

middle way (middle way (ummatan wasotanummatan wasotan) [i.e. justly balanced], so ) [i.e. justly balanced], so

that [with your lives] you might bear witness to the truth that [with your lives] you might bear witness to the truth

before all mankind (before all mankind (shuhadaa-a ‘alan-naasshuhadaa-a ‘alan-naas) , and the ) , and the

Messenger as a witness over you.“Messenger as a witness over you.“

((Qur’an: al- Baqarah: 2:143Qur’an: al- Baqarah: 2:143))



““Ye are the best of peoples, evolved for mankind, enjoining what Ye are the best of peoples, evolved for mankind, enjoining what

is right, forbidding what is wrong, and believing in Allah. is right, forbidding what is wrong, and believing in Allah.

If only the People of the Book had faith it were best for them; If only the People of the Book had faith it were best for them;

among them are some who have faith, but most of them are among them are some who have faith, but most of them are

perverted transgressors. “perverted transgressors. “

((Qur’an: Aali ’Imran: 3: 110Qur’an: Aali ’Imran: 3: 110) )


AND ALLAH KNOWS BEST


TO BE CONTINUEDTO BE CONTINUED


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