[Slideshare]fiqh course#3-maqasid shariah(2011)

““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 (2011))

LESSON # 3 – LESSON # 3 –

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

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)”


Then We put thee on the (right) Way of Religion: Then We put thee on the (right) Way of Religion:

so follow thou that (Way), and follow not the so follow thou that (Way), and follow not the

desires of those who know not.―” desires of those who know not.―”

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

AAS-SHARI-’AHS-SHARI-’AH : :

The Revealed Law, or Canonical Law The Revealed Law, or Canonical Law

of Islam.of Islam.


- Path to be followed,Path to be followed,

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

approach to a watering hole,approach to a watering hole,


- sail, sail,

- tent,tent,


- lawfulness, legality, legitimacylawfulness, legality, legitimacy


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

understand that for Muslims, understand that for Muslims, SHARI-’AHSHARI-’AH is the path is the path

to be followed, not only leading to Allah, the Most to be followed, not only leading to Allah, the Most

High, but the path believed by Muslims to be the High, but the path believed by Muslims to be the

path shown by Allah, the Creator Himself through path shown by Allah, the Creator Himself through

the Messenger Muhammad s.a.a.w. , the Divinely the Messenger Muhammad s.a.a.w. , the Divinely

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

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



““Guide us upon the straight way. The way of those on whom Guide us upon the straight way. The way of those on whom

Thou hast bestowed Thy Grace, Those whose (portion) Thou hast bestowed Thy Grace, Those whose (portion)

is not wrath and who go not astray.” is not wrath and who go not astray.”

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


O ye who believe! put not yourselves forward before O ye who believe! put not yourselves forward before

Allah and His Messenger: but (be conscious of and) fear Allah and His Messenger: but (be conscious of and) fear

Allah: for Allah is He who hears and knows all things. Allah: for Allah is He who hears and knows all things.

((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 for the express purpose that thou shouldst make

clear to them those things in which they differ, and clear to them those things in which they differ, and

that it should be a guide and a mercy to those who that it should be a guide and a mercy to those who

believe.”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 by what Allah hath revealed and follow not their

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

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

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

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

punish them. And truly most men are rebellious.”punish 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 O Messenger! proclaim the (Message) which hath

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

thou wouldst not have fulfilled and proclaimed His thou wouldst not have fulfilled and proclaimed His

Mission: and Allah will defend thee from men Mission: and Allah will defend thee from men

(who mean mischief). For Allah guides not those (who mean mischief). For Allah guides not those

who reject Faith.” who reject Faith.”

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


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

Messenger and (Messenger and (ULIL-’AMRI MINKUMULIL-’AMRI MINKUM) those ) those

charged with authority among you. If ye differ in charged with authority among you. If ye differ in

anything among yourselves, refer it to Allah and anything among yourselves, refer it to Allah and

His Messenger if ye do believe in Allah and the His Messenger if ye do believe in Allah and the

Last Day: that is best, and most suitable for final Last Day: that is best, and most suitable for final

determination.”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”))

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


“ “(Honour) My successors, may Allah s.w.t. be Merciful towards (Honour) My successors, may Allah s.w.t. be Merciful towards

them!.” He was asked: “Who are your successors O Messenger of them!.” He was asked: “Who are your successors O Messenger of

Allah?” And he said: “They are those who revive my Allah?” And he said: “They are those who revive my SunnahSunnah and and

teaches them to the servants of Allah.”teaches them to the servants of Allah.”

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


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

the 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 Prophetic era, meticulously collected, checked for its

authenticity, applied in practice which thus expanded the authenticity, applied in practice which thus expanded the

wisdom of the wisdom of the UMMAHUMMAH with juristic precedence, and with juristic precedence, and

faithfully preserved until today.faithfully preserved until today.


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

one who is competent, possessing adequate knowledge and one who is competent, possessing adequate knowledge and

proficiency in the Arabic language (classical); the relevant proficiency in the Arabic language (classical); the relevant

sciences of the sciences of the QUR’ANQUR’AN; the sciences of ; the sciences of AHADITHAHADITH; the ; the

principles of Jurisprudence (principles of Jurisprudence (USUL AL-FIQHUSUL AL-FIQH), etc. ), etc.

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

specialised and qualified to do, what is technically referred specialised and qualified to do, what is technically referred

to as, to as, ISTINBATISTINBAT (the ability to extract and codify rulings from (the ability to extract and codify rulings from

these primary sources).these primary sources).


These scholars are called “These scholars are called “MUJTAHIDUNMUJTAHIDUN” – from the verb ” – from the verb

(word) (word) IJTIHADIJTIHAD – “ – “exertionexertion” of a scholar in extracting a ruling ” of a scholar in extracting a ruling

from the primary sources.from the primary sources.

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

mean “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 , which are generally categorised

into into USUL IYYAH -I’TIQODIYAH USUL IYYAH -I’TIQODIYAH (Principles-Belief), (Principles-Belief), FURU’IYAH- FURU’IYAH-

‘AMALIYAH ‘AMALIYAH (Branch – Practices).(Branch – Practices).


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

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

we say “we say “FIQH AS-SHAFI-’IEFIQH AS-SHAFI-’IE” or “” or “FIQH AL-HANAFIFIQH AL-HANAFI” etc. ” etc.

meaning meaning “(the “(the SHARI’AHSHARI’AH rulings from the) understanding of rulings from the) understanding of

Imam As-Shafi-’ie or of Imam Abu HanifaImam As-Shafi-’ie or of Imam Abu Hanifa” respectively. ” respectively.

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

whichever whichever MADZHAB MADZHAB today, to avert ignorant fanatics today, to avert ignorant fanatics

amongst them claiming exclusivity, that theirs is the only right amongst them claiming exclusivity, that theirs is the only right

interpretation, while those who differ from them are deviant.interpretation, while those who differ from them are deviant.


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

scholar’s best understanding of the scholar’s best understanding of the SHARI’AHSHARI’AH to a given to a given

matter, which imply that matter, which imply that SHARI’AHSHARI’AH itself remaining open to itself remaining open to

other possible interpretations, by other qualifiedother possible interpretations, by other qualified MUJTAHID , MUJTAHID ,

as in other time and or in other circumstances.as in other time and or 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 , clear and unequivocal, preserved and

continually referred to, in these primary sources and cannot continually referred to, in these primary sources and cannot

be reinterpreted by be reinterpreted by IJTIHADIJTIHAD. This agreement is termed . This agreement is termed IJMA’IJMA’..All Rights Reserved © Zhulkeflee Hj Ismail (2011))

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 Ample and adequate areas are left open for scholars to seek

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

due to new and extenuating circumstances etc. – by applying due to new and extenuating circumstances etc. – by applying

well-established and universally accepted general principles . well-established and universally accepted general principles .

These usually pertains to secondary matters or involving These usually pertains to secondary matters or involving

matters of specifics and details.matters of specifics and details.All Rights Reserved © Zhulkeflee Hj Ismail (2011))

Here is where Here is where IKHTILAHIKHTILAH (differences) usually occur, which is (differences) usually occur, which is

to be expected and tolerated as long is it is from a valid to be expected and tolerated as long is it is from a valid

interpretation. What Islamic scholars are vigilant of is when interpretation. What Islamic scholars are vigilant of is when

an interpretation is a deviancy or an obvious error (opposed an interpretation is a deviancy or an obvious error (opposed

to unanimously accepted established principles ) – which are to unanimously accepted established principles ) – which are

to be corrected.to be corrected.

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

but to guide the community upon the right guidance which but to guide the community upon the right guidance which

SHARI’AH SHARI’AH was meant for. was 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 established by our Prophet s.a.a.w. which has been

perfected (“perfected (“KAAMILKAAMIL”) – therefore needing no more revision, ”) – therefore needing no more revision,

is to bring solution not problems; it relieves mankind of is to bring solution not problems; it relieves mankind of

hardship not accentuating nor condoning them; seeking to hardship not accentuating nor condoning them; seeking to

uphold Justice as well as spreading Mercy ; it is neither too uphold Justice as well as spreading Mercy ; it is neither too

rigid nor too relaxed; firm upon principles yet not stifling but rigid nor too relaxed; firm upon principles yet not stifling but

tolerant; etc. in other words – tolerant; etc. in other words – “just, balanced, the middle “just, balanced, the middle

path, equilibrium etc. –”path, equilibrium etc. –” from the Qur’anic term from the Qur’anic term

““WASOTIYYAHWASOTIYYAH”.”.All Rights Reserved © Zhulkeflee Hj Ismail (2011))


““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. ) [i.e.

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

might bear witness to the truth before all might bear witness to the truth before all

mankind (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))

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.All Rights Reserved © Zhulkeflee Hj Ismail (2011))

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

seeks to preserve are: seeks to preserve are:

1.1. right of religion, right 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 right of progeny (including preservation of honour

and dignity).and 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.


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

strive towards the ultimate betterment, termed:

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

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

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, ‘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.

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


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

examplary 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 Ye are the best of peoples, evolved for mankind, enjoining

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

Allah.”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)



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

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




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.

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


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) )


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[Slideshare]fiqh course#3-maqasid shariah(2011)

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