Shariah, fiqh and majalla al ahkam al-adliyyah

GROUP ASSIGNMENT OF SHARIAH, FIQH AND MAJALLA AL-AHKAM AL-
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1.0 INTRODUCTION
Generally, Majallah Al- Ahkam Al-Adliyyah can be known as the civil code of the
Ottoman Empire which is in the time between late 19th and early 20th centuries. In
Arabic word Majallah Al- Ahkam Al-Adliyyah (‫عدلیه‬ ‫احکام‬ ‫)مجلۀ‬ also means the Micelle
which can be transliterated as Mejelle, Majalla, Medjelle, and Megelle in Ottoman
Turkish. Actually, the existence of Majallah al- Ahkam al- Adliyyah (1293 Hijri) was
during the Sultan al- Ghari ( Sultan Abdul Aziz Khan al- Othman) in the time of 13th
century Hijri. According to the history, Majallah Al- Ahkam Al- Adliyyah is made from
the combination of Ashbah Wa Nazair (Ibn Nujaym) with the Mujammak al- Haqaiq
(Khadami ) and this type of book contain 99 of the legal maxim regarding with rules in
Islamic Fiqhiyyah. In short term, it can be interpret that, Majallah Al- Ahkam Al-
Adliyyah was the first attempt that had been used to codify a part of Shariah based law
of an Islamic state.
On top of that, the code was actually prepared by the commission that headed by
Ahmad Cevdet Pasha which is been issued in sixteen volumes that containing 1,851
type of article from the time of 1869 to 1876 and it been legally forced in the year of
1877. Moreover, its structure and approach was mostly influenced by the earlier
European codifications and it also cover most of the civil law areas and exempted
family law that remained as the domain of religious law. In detail, the substance of the
code was actually made based on the Hanafi legal traditions that relate with the official
status in the empire which actually put the code into European code form. However,
using the method of tahayyur of preference, it also incorporated other legal opinions
which considered more appropriate to the time, that also including from the non-
Hanafis.
Next, as the Mecelle or Majallah Al- Ahkam Al-Adliyyah was eventually applied
in the secular (nizamiye) courts as well as in the Sharia courts of the empire, Jews and
Christians were for the first time subjected to the Islamic law instead of applying their
own law but could now be called as witness in the court. Then, after World War 1
following by the dissolution of the Ottoman Empire, Majallah Al- Ahkam Al- Adliyyah
was remained lasting which had influenced in most of its successor states excepts
Egypt, where it was never in force. The Mecelle was remain long lasting in most of the

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places due the its effectiveness, coherent and also dislodge. For example, the states that
Majallah al- Ahkam-al-Adliyyah remain long lasting is, in Turkey until 1926, when it
replaced by the Turkish Civil Code, in Albania until 1928, in Lebanon which is until
1932, in Syria until 1949, in Iraq until 1953, in Cyprus until 1960s and in the British
Mandate for Palestine and later Israel formally until 1984, although at that time
individual laws had gradually superseded it during the mandate as well as in the 1960s
and 70s. Moreover, Majallah Al- Ahkam Al-Adliyyah also remains the basis of civil
law in Jordan and Kuwait. To be in more detail, Majallah Al- Ahkam Al-Adliyyah was
containing 16 types of book which is started from the book one until book 16. So, there
will be some discussion for the introduction about the contents of each book.
In the book one, it relate with the contract of the sale. In this book, it is containing
all the matters regarding with the basis of sale contract which is include chapter one
until seven. The articles in this book are started from 101 until 403. In book two, it
relates with the hire. For this book, it contains eight chapters. The articles for this book
are started from 404 until 611. In book three, it involve with the guarantee. The chapters
that included in this book are three chapters which are, the chapter one and two relate
with the contract of guarantee, and chapter three involve with the releasing from the
guarantee contract. All these three chapters are included the article from 612 until 672.
Next, in book four, it is relate with transfer of the debt. There are two chapters for this
book which is chapter one, the contract transfer of debt and chapter two, the effect of
contract for the debt transfer. The articles are continuing from 673 until 700.
In book five, it relate with pledges. There are four chapters in this book. The first
chapter is matters relate with pledge contract, second is pledgor and pledgee, third is
pledge, and lastly is fundamental rules relate with pledge. This book had included the
article from 701 until 761. For book six, it included with the trust and trusteeship. The
chapters involve in this book are three. First chapter are general, second is deposit for
safekeeping and thirds is property for lent use. The articles are started from 762 until
832. In book seven, it relates with gift. There are two chapters in this book which is
matters relate with gift contract and fundamentals of rule relates to gift. The articles for
this book are started from 833 until 880. In book eight, it contain wrongful and
appropriation and destruction. For this book, there are also two chapters which is the

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first one, wrongful appropriation and second are the destructions of property. In this
book, the articles are continuing from 881 until 940. For the book nine, it relates with
the interdiction, constraint and pre-emption. There are three chapters for this book
which the first is matters relate with interdiction, second is constraint and lastly is the
pre-emption. The articles for this book are started from the 941 until 1044.
In book 10, it involve with the joint ownership. Actually, there are eight chapters in
this book. In this book, the articles are continuing from 1045 until 1448. In book 11, it
containing about the agency and the numbers of chapters are three. Firstly, it relates
with fundamental basis and classifications of the agency, second chapter is conditions
attaching to agency and lastly is the essential element for agency. The articles for this
book are started from 1449 until 1530. Next, in book 12, it relates with the settlement
and release. The chapters containing in this book are four chapters. The first chapter is
conclusion of a contract of settlement and release, secondly is the consideration and
subject matter of settlement, thirdly is the subject matter of settlement and lastly is the
fundamental conditions governing settlement and release. For this book, the articles
continuing from year 1531 until year 1571. In the book 13, the matters are discussed
about the admissions. The chapters involve in this book are four chapters which is
firstly, the conditions governing admissions, secondly is the validity of an admission,
thirdly is the effect of an admissions and the lastly is the admissions in writing. For this
book, the articles are started from 1572 until 1612.
In book 14, it discussed about the actions and the numbers of chapters involve is
two only. Firstly is regarding with the conditions and fundamental rules relating to an
action and the defense thereto and secondly is regarding with the limitations. The
articles are takes places from 1613 until 1675. In book 15, is relates with the evidence
and administrations of oath. The chapters involve is chapter one until chapters four that
is, nature of evidence, documentary and presumptive evidence, administering the oath
and lastly, the preferred evidence and administrations of the oath to the both parties. For
this book, the articles are continuing from 1676 until 1783. In the last book, which is
book 16, it is discussed about the administrations of justice by the court. Through this
book, the chapters that involve is four chapters. The first chapter is relates with the
judges, second is the judgments, third is retrial and lastly is the arbitration. For this

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book, the article are continuing from 1784 and it end at 1851 article. So, throughout this
16 book, there are 1851 articles that containing in the books and also included with the
numbers of sections. Besides that, in this assignment there will be also some
discussions regarding with the distinctions between Shariah and Fiqh and also the
issues that relate with the codifications of the Islamic law.

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2.0 DIFFERENCES BETWEEN SHARIAH AND FIQH
2.1 Definition of Shariah
The word Shariah (‫)الشريعة‬ was come from Arabic word of sharaa’ (‫)الشرع‬ with the
literal meaning is “way to water”. However, technically, Shariah is a divine code in
human life which derived from the primary sources which are al-quran and sunnah.
Shariah refers to the value, legal rules and normative revealed principles from Allah
SWT to the Prophet Muhammad saw to guide humankinds from go astray. It is
based from what Allah SWT proclaims in the quran.
“When Allah SWT and His Messenger have decreed a matter, it is not for any
believing man or woman to have a choice in their affair. And whosoever disobeys
Allah SWT and His Messenger has gone astray into clear error”.
(Surah Al-Ahzaab, 33:36)
Shariah can be classified into two categories based to their objectives which
are mandatory law (taklifi) and declaratory law (wad’i) declaratory law. A
mandatory law (taklifi) can be divided into subcategories of obligatory,
recommended, permissible, reprehensible or prohibited and these all requires a
certain action whether to follow it or not and its define the man’s act. On the other
hand, declaratory laws (wad’i) also relate with the mandatory laws because it
indicates the component elements of mandatory laws such as legislative of
something to be as a cause of another thing or as a hindrance to it.
2.1.1 Categories Of Mandatory Law (Taklifi) In Shariah:-
a. Obligatory (Wajib)
It is conveys an imperative and binding demand which addressed to the
mukallaf and acting of wajib will be given a reward but omitting it will
leads to punishment in the world and hereafter. Besides, according to the
majority of ulama, they view that wajib and fard as synonymous by merge
wajib and fard into single category. However, Hanafi jurists divided both
wajb and fard into two different types with fard is stronger than wajib

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because its act established in the Quran and sunnah such as perform the
solah and fasting but for wajib, the command is established in a
speculative authority.
b. Recommended (Mandub/Sunat)
It denotes a demand to perform some act which not binding to the
mukallaf which means no punishment if not doing it but will be rewarded
if do it.
c. Permissible (Mubah)
For mubah, the Lawgiver has granted a choice of omission or commission
without blame or praise for it.
d. Reprehensible (Makruh)
It is demands to mukallaf to avoid something but not strictly prohibited
because committing it is not punishable however, omitting it is rewarded.
According to Hanafi jurists, it can be divided into two types, makruh
tahzini is for the things or act which are discouraged and rewarded if
leaving it but no punishment for engaging in it such as eating raw onion.
The second type is makruh tahrimi or condemned, which is near to haram
and extremely prohibited because entails moral blame. For example,
looking a body of strange woman with lush.
e. Prohibited (Haram)
It is a demand from Lawgiver in respect of abandoning something or
certain terms. Commiting the haram acts are punishable and omitting the
haram acts are rewarded. For example, drinking a wine and practicing a
riba.
2.1.2 Categories Of Declaratory Law (Wad’i) In Shariah:-
a. Cause (Sabab)
The Lawgiver identified it as an indicator which the present of it is
necessary for the present of hukm that will cause the present of effect or
musabbab and vice verse. It can be within the power of mukallaf such as

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entering into business contract or beyond the control of mukallaf such as
the arrival of prayer time.
b. Condition (Shart)
Its absence cause the absent of hukm but its present does not
automatically means the existence of the hukm.
c. Hindrance (Man’i )
It can be defined as the act or attribute by which the present either cause
the existence of hukm or nullifies the hukm. Example of existence the
hukm is haidh cause the woman can’t pray while the example of nullifies
the hukm is the indebtedness is no obligates to pay zakat.
d. Strict Law (‘Azimah)
It means conformation of intention besides opposed to concessionary /
flexible law (rukhsah). It is the original rulling of shariah and used for
ordinary situation such as prohibition of drinking wine.
e. Concessionary / flexible Law (Rukhsah)
It literally means easiness and simplicity. It is the exclusion rules which
permissible for excuses (uzur syar’i) or duress (dharurah) situations.
Example, eating unslaughtered animal to safe life.
f. Valid (Sahih)
It is the act which has consequences of shariah and opposed to null or
void (batil). The Lawgiver rules the mukallaf acts as valid if the mukallaf
fulfilled the conditions and pillars. Example, in muamalah contracts, the
contracting parties will imposed certain consequences among them.
g. Null/void (Batil)
Batil means the acts which cause no consequences on it. If the demand is
from the Lawgiver, such as performing the solah, he is still obligate to
repeat it if happen any invalidness on the solah, however, if the
invalidness is in muamalah contract, he will be no consequence of the act.

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2.2 Definition Of Fiqh
Fiqh in Arabic word means deep understanding or full comprehension. It is also
called as Islamic Jurispudence. However, refer to Natana J.Delongs-Bas (2004), it is
defined as “interpretation and elaboration of the Sharia. It is a purely human
endeavor rather than a divine directive”. A person who trained in fiqh known as
faqih or fuqaha (for plural).
In Islamic terms, fiqh is the ruling or judgements which derived from the
quran and sunnah besides from the consensus of ulama. It is used to create laws that
are not specifically state or mention by shariah. The muslim jurists develop other
methods which are ijma’ or unanimous consensus among jurists and qiyas or
analogical deduction as the ways to find solution of arising questions. These
concept can be easily described by using an analogy of a lawyer who derived a
knowledge from the law statute or law cases before rely it to his client.
2.2.1 The Schools of Fiqh
The schools of fiqh was exist because the differences of opinion among the
fuqaha about their own independent interpretations of quran and sunnah and
how the fundamental concepts are applied in fiqh problems. However, they are
not relate to the fundamental issues in shariah such as the number of rakaat in
solat fardh. Basically, their different opinions exhibit Islam as a flexible
religion to practice by Muslim.
The history records shown that there were nearly twenty schools in
Islam during the period of greatest Islamic laws took place however, only few
schools remain till today due to most of the schools are no longer followed
due to diminishing of their adherents. The following below are four sunni
schools which are still exist today:-

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a. Hanafi School
The founder was Abu Hanifah Nu’man Ibn Thabit Ibn Zatah who was
born in Kufah in the year 80 after Hijrah (AH). He was a textile
merchant besides also called as the Great Imam because of his expertise
to solve the legal fiqh problems.
b. Maliki School
The founder was Malik Ibn Anas Ibn Malik Ibn Abi Amir Al-Ashabi. He
was born in Madinah in 93 AH and dead in 179 AH. At the age of 17, he
was giving a lesson in fiqh after receives an education from Abd Al-
Rahman Hermez and Rabi’ah Ibn Abd Rahman. His well-known fiqh
and traditions book called Al- Muwatta’.
c. Shafie School
The founder of this school was Muhammad Bin Idris Ibn Al- ‘Abbas Ibn
‘Uthman Ibn Shafi’I Ibn Al-Saib. He was a Quraish tribe and born in
Gaza in the year 150 AH but died in Egypt in 204 AH. He was allowed
to give opinions at the age of 15 years old and had earlier been the
student of Imam Malik who studied Al-Muwatta’ under him. He wrote
several books named Ar-Risalah and Al-Umm.
d. Hambali School
The founder was Abu Abdillah Ibn Hanbal Ibn Asaad Al Shaybani Al-
Baghdadi and born in 164 AH in Baghdad. He was pupil of Imam Al-
Shafie for a time besides compiled a major work on traditions entitled
Musnad Al-Imam Ahmad.

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2.3 The Distinctions of Shariah and Fiqh
Even the shariah and fiqh were looked same which they are the way to guide us to
the right part of life, they both can be differentiate according to their characteristics.
The distinctions are important in order to get a proper understanding about the
nature of Islamic Laws so that one would be able to let out themselves from
confusion which always equating these two types as same things.
The first distinction is the divinity. Shariah was always been understood as
divine law or qanun Samawi which means it was revealed by Allah STW to guide
the humankinds from go astray. It is a whole divine law which related to the unseen
and supreme power that originated the law besides independent from will of man
who desires to change it. However, fiqh is not naturally divine at all because it is the
product of human understanding from their interpretation of primary sources such
as quran and sunnah. As we know, Muslim scholars ruled that cigarettes are
forbidden in Islam because smoking can bring harms to body and can cause death to
the smoker and the inhaler of cigarette’s smoke. Even the primary sources of
shariah were not mention directly about the banned of it, Islamic scholars come to
this rulling which is fiqh action based to the Quran, Surah An-Nisa, 4:29, means:
“O you who have believed, do not consume one another’s wealth unjustly but only
(in lawful) business by mutual consent. And do not kill yourselves. Indeed, Allah is
to you ever Merciful”.
The second distinctions is shariah is fixed, unchangeable and eternal
however, some components in the fiqh are subject to change according to situations,
time or circumstance such as if a new information arise besides only certain
components of fiqh are fixed. As discussed before, Shariah cannot be change
because it is divine law and there are no need for it to change because what revealed
by Allah SWT was already the best for humankind as explained in the quran, Surah
Al-Maidah, 5:58:-

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“And We have revealed to you, (O Muhammad Saw), the book in truth, confirming
that which preceded it of the Scripture and as a criterion over it. So judge between
them by what Allah has revealed and do not follow their inclinations away from
what has come to you of the truth. To each of you, we prescribed a law and a
method ”.
Whoever, the best example to illustrate about the fiqh, which is a subject to
change is the story during the Saidina Umar Ibn Al-Khattab Ra time who gave
many verdicts in many cases that different from the previous issued of similar cases
during Khalifah Abu Bakar Al-Siddiq Ra time. Basically, ijtihad of every person
may differ from others and may change because it is the product of their
interpretation from the Islamic primary sources. Regarding to different rullings by
Saidina Umar Ra, he said:
“That what we judged previously and this is what we have decided (in the present
case)”.
Besides, most part of shariah was in the general form while fiqh was more
likely to be specific and detail forms. In muamalah transactions, there are some
proves or evidences shown the general statements of shariah such as the prohibition
of riba, obligation of fulfill the obligations and recommendations of having
attestations and security or collateral. Refer from quran, surah Al- Jumu’ah, verse 9:
“O you who believe! When the call is proclaimed to pray on Friday (the Day of
Assembly), hasten earnestly to the Remembrance of Allah, and leave off business
(and traffic): That is best for you if ye but knew!”
From a gross reading, everyone wil understand that the shariah law here was
about the prohibition of trading during Jumaah prayer, but actually who are the
people that prohibited from this transaction? All humankinds including the non
Muslim and women? As from the fuqaha to give a best ruling about certain issues
were not taken in an easy way because it needs a huge effort and a deep
interpretation and explanation of shariah. For example Ustaz Nik Abdul Rahim

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(2010), explained that the transaction among the women or non Muslim will not
prohibited because they are not compulsory to perform the Jumaah solah.. It is
because Jumaah prayer will not compulsory for Muslim women, kaafir, a child,
traveler and slave. However, for the Muslim men who doing selling and buying
activities during the Jumaah prayer, even this acts were prohibited during Jumaah
prayer, but the transaction were not voidable.
The last distinction among both of them is shariah is the body of law itself
while for fiqh, it is only a part of shariah. A simple means is shariah comes from al-
quran and sunnah while fiqh comes from shariah. As from the explanations before,
Muslims are bound from the teaching of Prophet Muhammad saw which revealed
form Allah SWT to guide the humankinds achieving al-falah in the world and
hereafter. Moreover, all the shariah ordinances were formulated to every stages of
human’s social and intellectual developments. They were many prove as stated in
the quran and sunnah about this such as what stated in the quran, Surah Al-Jaziah,
45:18 means:
“Then We put you, (O Muhammad), on an ordained way concerning the matter (of
religion); so follow it and do not follow the inclinations of those who do not know”.
Besides, in the Musnad Ibn Hanbal stated that Prophet Muhammad Saw said:
“I have left among you something that if you adhere to, you shall never astray, the
two weighty things, and one is greater than the other, the Book of Allah SWT (Al-
Quran) which is an extended rope from the skies to the land, and my family whom
they are my household and they shall never separate until they come back to me at a
lake-fount (Kawthar)”.
However, fiqh is a part of shariah and regarding to specific rules and methodology
which derived from the analysis of fuqaha. The science and principles which follow
to its methods commonly called as usul al fiqh with the principle objective of usul
fiqh is to regulate ijtihad and guide the jurist to deduce a law from the Islamic
sources such as Al- Quran and sunnah. The second things of fiqh are the qawaid
fiqhiyah, which is the principle of Islamic jurisprudence. It was derived from the

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rules of Arabic language, from scholastic theology and from overall understanding
of rules of shariah and basically study of Islamic legal maxims such as “matters are
determined by intentions” and “certainty is not overcome by doubt”.
As a conclusion, there are many modern writers who have made keen efforts
to distinguish the actual concept between shariah and fiqh. These necessary
distinctions made between them help the human to recognize and understands
deeply between both of them. It is because, the recognition and understanding of
them are crucial to strengthening the knowledge of Islamic legal sources. At the
same time, we also cannot deny the shariah and fiqh are related and crucial aspects
in Islamic Law as both of them were not ignored the precious values of Quran and
Sunnah which are the primary sources in Islam even they are significant difference
in certain issues.

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3.0 THE REASONS AL-MAJALLA AL-AHKAM WAS WRITTEN AND THE
ISSUES THAT RELATED
The Majalla was the civil code of the Ottoman Empire in the late 19th and early 20th
centuries and was the first attempt to codify a part of the Sharia based law of Islamic
stated. It’s was written to covering most areas of civil law which remained a domain of
religious law. This code was based on the Hanafi legal tradition that enjoyed official
status in the Empire into European code-form. However, the Majalla was long-lasting in
most places since it was effective, coherent, and difficult to dislodge. The Majalla also
made to solve some of complexities and problem which that to show what concords in
it with Imam School.
In a new generation, which was the generation of Muhammad Baqer as-Sadr
and his Najaf companions, they have welcomed the literature which Kashif al-Ghita
permitted in his considerations of the 1940s. Specific legal perspective however, the
renewal of Islamic law required more than just opening the door to politics. The
conspicuous which straddled the legal tradition and the new worldly interest were
undertaken the real of public law but the effort was not limited to public law. However,
an Islamic state should conform to the tradition as a polemical work against the Sunnah
legal conception. A deeper and more interesting dimension of the new juristic interest in
Najaf appears in multi-volume treatise by Muhammad Husayn Kashif al-Ghita’ on civil
law, which is on that time it addressed in remarkable detail the technicalities of the most
influential civil code, Majallah al-Ahkam al-‘Adliyya.
The achievements of the early codification movement in the Middle East in
comparison to the historically indigenous law of Sharia is proves the claim that the
Ottoman and the Egyptian civil law codification models of 1878 and 1949 respectively
failed to furnish their legal systems with a jurisprudential substitute to alienated Sharia.
The reason for this failure, as the study proves, is attributed to the difference between
the legal goals of Sharia on the one hand and those of the Ottoman and the Egyptian
civil codes on the other.The goals of Sharia law were to identify al-hukm al-shar'iyy
(Allah's ruling) on any legislative issue. As the search from this ruling produced an
erratic pluralism, Sharia developed the theoretical study of usul al-fiqh which is

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methods for identifying Allah's ruling. On that time, the usul was successful in
introducing standards of legitimacy to help identify the recognized ruling from among a
pool of juristic decisions on every legislative case. The standards heeded the balance
between the religious and the temporal interests of the Muslim community. Eventually,
this balance was the means to curb the self-serving laws of the sovereign, introduced
into Sharia through the misuse of the maslaha (public interests) doctrine. According the
Ottoman Code, which is the Majelle was fulfilled the goal of secularizing Sharia law.
On top of that, the laws of the Mejelle were stripped of their moral and religious basis.
Before that, while the Mejelle was able to legalize religiously prohibited laws such as
those on usury, it deprived its laws from Sharia's usul jurisprudence. In addition of usul,
the Mejelle was unable to introduce new legislation through the application of the usul's
methods of ijtihad and takhrij.
According jurisprudential limitations, the Mejelle resorted to Ottoman decrees.
The decrees eventually proved detrimental to the Mejelle as they trumped any legal
debate leading to the creation of a Sharia-based Ottoman jurisprudence. The 1949
Egyptian Civil Code on the other hand was drafted to meet colonial demands for laws
compatible to the "modern" legislations of its times and to satisfy the rising nationalism
in Egypt. The Egyptian code was thus patterned on French civil law as an interpretation
of the term "modern." It also included some Sharia laws to appeal the religious
sensibilities of the Muslim Egyptian majority. The combination of such varying sources
of law compelled the code's drafters into recognizing of a hybrid Egyptian
jurisprudence. None of the parties engaged in the application and the enforcement of the
code identified with this hybrid source of law; the Egyptian judiciary sought French law
solutions to legal problems, the public demanded the enforcement of Sharia's moral
laws and the executive enforced an anti-rich socialist interpretation of the Egyptian law.
Consequently, the new jurisprudence failed to foster an independent source of law
among the judiciary, to replace Sharia for the Egyptian Muslim community or to hold
back the interventionism of its executive.
The scholars have repeatedly emphasizing that the advent of Islam and the
subsequent spread of Islamic learning in the Malay world have brought about a major

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cultural transformation in the region. Professor Muhammad Naquib al- 'Attas explains
that Islamization in the Malay Archipelago underwent three stages, firstly the stage of
nominal conversion [1200-1400], secondly the stage of conversion of the spirit
resulting in the influence of philosophical mysticism [1400-1700] and thirdly
continuation and accomplishment of the second stage coinciding with the coming of the
West. Such an experience had resulted in "revolutionizing the Malay-Indonesian world-
view, turning it away from a crumbling world of mythology to the world of intelligence,
reason and order".
Prof. al-' Attas further said:
“The coming of Islam seen from the perspective of modern times that is, seen from the
perspective of our present time when we can look back into the effects of historical
processes which are found to have radically changed the lives and worlds of men, and
discern this causes and specific and general influences, was the most momentous event
in the history of the Archipelago"
The influence of Ottoman Empire throughout the nineteenth century was
immensein all Muslim countries except Egypt. The Majallah was applied as civil law in
Ottoman domains and thus was applicable civil law in Jordan, Syria, Iraq and Kuwait.
Despite Kuwait's rejection to the Majallah to fill the vacuum of the cessation of British
Extraterritorial Jurisdiction in 1950s infavour of occidental codes, the trend was
reversed in 1976 Jordanian Civil Code and 1985 UAE code which owe overwhelmingly
to provisions of fiqh conveniently the Majallah. Malaya is not an exception of the
universal appeal of the Majallah. Ahmad Ibrahim, a leading authority on Malaysian
law, highlighted that in Johore at the beginning of the twentieth century, the
modification of the Islamic law which were made in Turkey and Egypt were translated
and adopted. This paper does not wish to exaggerate the extent of Majallah's influence
on Malaya as a whole and the state of Johore in particular. There has been no
conclusive proof of its real impact but it cannot be equally ruled out. What is available
were fragmante devidences which would shed some light if there were accumulated.
One of the important evidence is a Malay translation of the Majallah in early twentieth

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century, which could be the basis of such an inquiry. The translation has been adapted
in to as Majallah Ahkam Johore.
As far as the development of Islamic law is concerned, this phase is full of
debate on the question of ijtihad and taqlid as well as the issue of "presenting Islamic
law in its new garment" (al-fiqh al-Islaml fi thawbih al-jadid). As codification of
Islamic law has become a trend and the Majallah is considered the model, its adoption
is necessary and timely. The comprehensiveness of the compilation and the absence of a
similar compilation based on Shafi'i school made the Majallah willingly accepted.
There are even evidence to suggest that in 1923 Bailie's Digest of Muhammedan Law
which is Hanafi based was accepted by the Legislative Council of the Straits Settlement
as main reference on Islamic law beside the English translation of the Qur'an, Howard's
translation of Minhaj al-Talibln by Imam al- Nawawi and SyedArnie Ali's
Muhammedan Law.
The emergence of Islamic reformist (islah) at the beginning of the twentieth
century has beginning to question about the socioeconomic backwardness and religious
conservatism of traditional Malay society. This is a result of the powerful influence of
revivalist and reformist ideas of al-Afghani and 'Abduh brought back to Malaya by
several religious scholars who studied there. Unfortunately, the Majallah was short-
lived. It only survived until about 1914.The development of Islamic legal thoughts in
Malaya was enriched not only with the massive influence of Islamic heritage from the
Middle East but also with the imposition of Western culture. The Majallah, after all,
had a similar experience. This has called for an intensive study of the sciences of
Islamic legal tradition fiqh, usul alfiqh and qawa'id fiqhiyyah as well as the study of
comparative jurisprudence. This is why in Malaysia the comparative approach in legal
education has become a trend.

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4.0 COMPARISON OF SEVERAL MUSLIM COUNTRIES AFTER FREEDOM
Some Islamic country did not use Islamic law as their basic to develop their own
country. They rather use western law that basically made by human based on their
experience, logic and by the leader order. The other law concepts regardless of whether
they are according with a Muslim community and the spirit of Islam itself. Since the
adoption of the Anglo-Muhammaden Legal System and Legal System Franch-
Muhammaden is used together with some parts of Islamic law that is still remaining in
force before independence it gives rise to many problems. There are three situations out
there that we can conclude:
i. Countries that adopt Islamic law in full without any changes and its not
codified in either family or criminal field.
ii. State law found Syariah altered by changes in modern law inherited from
Western colonialism they term changes as the Law Reform.
iii. State that did not accept Law Syariah and take modern law instead without
regard to the needs religion and the Muslim community.
The country that still use the originally Shariah law without a changes is Arab Saudi
and country that did not use Shariah law is Turki. Mostly the other Islamic country use
Shariah law but still changes it in modern law.
4.1 The Reasons Its Happens
4.1.1 Countries That Make Reform Act The Restricted
After the World War Two the Islamic countries got their freedom, they
trying to aligning and update the legislation without change the existing
legal structure adopted in the colonial era. Enacted laws that are either based
on a certain sects or take a particular view of the sects and take the opinion
of other sects, sects are venerated.
Malaysian also include in this Law Reform. Reform that happens
largely involved personal law and family law such as marriage, inheritance,
wills and endowments, as well as laws relating to offenses Islamic morality
and religion. Reforms conducted more to take the principles and laws used

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by some sects, sects and formulated in the form of acts and enactments as
practiced in Western countries. As an example, provision of divorce granted
to the husband must be with certain legal conditions, so as not to be abused
as the divorce right granted to the husband.
4.1.2 Countries Makes Reform Act Completely
The countries that change to Reform Law completely are Pakistan and
Sudan.
Pakistan from 1947 to 1979 has been implementing the Criminal
Law of India in 1860, which has been renamed to the Criminal Law in
Pakistan (Pakistan Penal Code), and the Criminal Procedure Act of India
1898 to the Criminal Procedure Law in Pakistan (Pakistan Criminal
Procedure code). Both laws have been adopted, and made a change from
time to time to meet the local needs, but the principles and structure of the
Criminal Law of the original remains unchanged.
When President Zia-ul-Haq leads Pakistan government, he was
seriously on the implementation of Law Syariah in Pakistan. Then directed
to the Criminal Law enacted based on the principles of the Qur'an relating to
hudud, takzir, Qisas and Diyat.
In the legal field, the British government took legal practice in India
to Sudan. Legislation made in 1983, is intended to make Islamic law in full
as national law. Sudan seems to be taking a drastic approach, where all kinds
of laws have been enacted and enforced entirely back in a short time.

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5.0 THE HISTORICAL DEVELOPMENT OF THE DISCIPLINE
During the era of the Sahabah and tabi’in, the rules of the Syariah were taken directly
from the book of Allah and the sunah of Allah’s messenger. The only legislative source
document that Allah’s messenger ordered be written was the Quran. He gave no official
instructions to his Companions who were allowed to record certain hadis on specific
occasions. In addition, certain Companions took individual initiative to record hadis for
their personal edification. This state of affairs continued through the era of Rightly
Guided Caliphs, except that further pains were taken to ensure the preservation of the
Quran. To this end, Abu Bakar had the scattered written pages brought together and
from them had one copy made. Uthman ibn Affan ordered the process to be repeated
and had an official copy of the Quran, along with an expert recite, sent to each of the
major urban centres of the Muslim lands.
Scholars consider the beginning of the organised recording of the Prophet’s
Sunah to be the command of Umar ibn Abd al-Aziz to Abu Bakar ibn Hazm to compile
and write down hadis. As for the recording to al-Dhahabi, until the year 143 AH. In
discussing the events of that year, he said:
“In this period, the scholars of Islam began to write down hadis, fiqh and tafsir. Ibn
Jurayj wrote in Makkah, Ibn Abi Urubah, Hammad ibn Salamah and others wrote in
Basrah, al-Awza’I wrote in Syria. Writings proliferated and the disciplines and their
subdivisions emerged. Books were written on the Arabic language, history and
chronicles. Before this era, the leading scholars would speak from memory or from
authentic (loose) sheets in no particular order. Then acquiring knowledge became easy
praise be to Allah while the role of memorisation decreased. And whole affair belongs
to Allah. ”
The branches of Islamic knowledge began as scattered comments and
discussions throughout the books of tafsir, hadis and biographies of the Prophet ; then
they developed into independent books; further refinement led to the organisation of
such works by chapters and topics. Fiqh is considered one of the most famous and
largest branches of Islamic knowledge and one of the first to become an independently
organised discipline. It developed in the shade of the Quran and the Sunah, then gave

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birth to other fields of study, including qawa’id fiqhiyyah. Although qawa’id fiqhiyyah
developed as an offshoot of fiqh, it had a major role in the further development and
flowering of fiqh itself and facilitated referral to it.
As for the development of legal maxims, many researchers take the view that
they developed from the very beginning of Islam. One finds, for instance, that the
Quran itself is full of aphorisms such as:
"‫وسعها‬ ‫اال‬ ‫نفسا‬ ‫اللة‬ ‫يكلف‬ ‫"ال‬
“Allah does not burden any soul with more than it can bear”
Likewise, Allah’s messenger was given the ability to express comprehensive
meanings concisely, a capacity known as ‘jawami al-kalim’. For example, his
statements:
"‫بالنیات‬ ‫األعمال‬ ‫"إنما‬
“Actions are only (accurately assessed in light of) intentions”
ISRA (2013) stated that “The meaning of comprehensive is that it governs all
the members of the set to which it applies. The qualification excluded matters that
govern only a portion and judgments apply only to some of the members of a set
cannot be called qawaid”.
However, with regard to the compilation and recording of Qawa’id Fiqhiyyah,
Al-Suyuti and other scholars mention that the first person to systematically identify
maxims as organizing themes of the law was the fourth-century Hanafi judge Abu
Tahir Muhammad ibn Muhammad al-Dabbas, who identified seventeen maxims to
which all the Hanafi rulings could be referred.
The first person to actually compile legal maxims in written form was his
contemporary Abu al-Hasan al-Karkhi (d. 334 AH/945 CE), who made a considerable
addition to the list, indentifying thirty-nine maxims in his work Risalah fi Al-Usul
Allati Alayha Madar Al-Furu’ Al-Hanafiyyah, (more commonly known as Usul al-
Karkhi). In the fifth century AH, Abu Zayd ibn Umar al-Dabbusi (d. 430 AH/1039

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CE) elaborated eighty-six maxims in his book Ta’sis al-Nazar. The contents of those
works were not confined to qawa’id fiqhiyyah; rather, they embraced other subjects of
jurisprudence such as furuq and qawa’id usuliyyah.
A limited number of books were written about qawa’id fiqhiyyah in the fourth
and fifth centuries AH. The trailblazers in this process were Hanafi jurists. By the
seventh century AH, jurists from other schools began producing notable works on
qawa’id fiqhiyyah. One of the most prominent and important works from this era is
qawa’id al-Ahkam fi Masalih al-Anam by the Shafi;I scholar al-Izz ibn ‘Abd al-Salam
(660 AH). It is a work that focuses on the qawa’id and categorization and highlights
the objectives of the Shari’ah and the benefits that its laws are designed to secure.
Another major work was that of his student Ahmad ibn Idris al-Qarafi, a Maliki
scholar (d. 684 AH). He titled the book Anwar al-Buruq fi Anwa al-Furuq and
discussed 548 qawa’id fiqhiyyah in it even though it is not specifically on that topic.
Authorship on the topic of qawa’id fiqhiyyah really blossomed in the eighth
century, which was market by the appearance of a number of works titled al-Ashbah
wa al-Naza’ir. The first to compose a book with that title was the Shafi’I scholar Ibn
al-Wakil (d. 716 AH). Others who used the same the same title after him were Ibn Al-
Subki, Ibn Nujaym and Al-Suyuti. Among the most famous works of that century are:
i. Al-Qawa’id al-Nuraniyyah by Ibn Taymiyyah (d. 728 AH)
ii. Al-Qawa’id by the Maliki scholar Muhammad ibn Muhammad al-Muqri
iii. Al- Majmu’ al-Mudhhab fi Qawa’id al-Mudhhab by the Syafi’I scholar Al-
‘Alla’I (d. 794 AH).
iv. Taqrir al-Qawa’id wa Tahrir al-Fawa’id by the Hambali scholar Ibn Rajab (d.
795).
Based from Mohamad Akram Laldin (2013) “Works on qawa’id fiqhiyyah
continued to be composed in the succeeding centuries, and they are still being written
today”.

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5.1 The Reasons Al-Majalla Al Ahkam was Written During That Time
In the 19th century, two civilizations clashed in the world, the Islamic civilization
and Western civilization. This clash has great meaning to the Islamic law.
However, Islamic law is still in place appropriate government of the ‘Ottoman
Turks in the mid-19th century.
The legislative history of Turkey was before the codification of Majallah Al-
Ahkam Al-'Adliyyah. Based on the study of Islamic law during the reign of the
'Ottoman Islamic rule and later, found the Islamic legal system since the mid-19th
century are still not yet an accepted systems in all fields of law, but the legal
system of human invention, the West began to take legal where almost the entire
field of legislation. This is consistent with what is described by Farhet J.Zaideh
saying that the declaration (Decrees) Royal Hatti Sherrif on November 3, 1839
was not fully implemented. Therefore, after the war Creimean in 1853-1856,
European powers have urged the government "to implement Ottoman reforms
more effective. Finally, declaration or Decrees 1856 Hatti Humayum was done.
With this declaration then many changes have been made.
These measures resulted in the affected areas of Islamic law. It covers the
areas of constitutional, criminal and civil. Furthermore, before the law applicable
to the European people in the Middle East is the law of their own. This
accelerated the adoption of Western legal system in Turkey.
In 1850, "The Commercial Code" was enacted based upon the "French
Commercial Code". After that, in 1858, "Land Code" is enforced. Criminal law is
also amended to make "Criminal Code" copied from "French Code" and modified
by Italian law. Punishment had eliminated unless penalties on people who are
offended are still maintained. Followed by the implementation of the "Code of
Commercial Procedure" in 1853, where both are based on French law. To
facilitate the further course of the legal system, the court system is also modified
so-called "Nizammiya".

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Legal codification especially in commercial and criminal law, which was
part of the comprehensive Ottoman modernizing reforms that started in the second
half of the 19th century, was a reflection of the political-historical conditions of
the Ottoman Empire. The upsurge in trade with European countries as a result of
new economic developments increased the need for codification in some areas
covered by civil law; direct and indirect demands by European powers also
created an important motive for codification in these areas. The reason for this
was that European states sought security for both non-Muslim citizens of the
empire and for European traders in their commercial transactions with the empire.
Furthermore, France tried to impose the French civil code in order to increase its
influence on the Ottoman Empire.
In addition, new regulations in juridical institutions, including the founding
of the civil (Nizamiye) courts as well as the Sharia courts, which created the need
for a law that could be applied to non-Muslims as well as to Muslims, led to a
debate on whether to adopt the French civil code or to make an original law based
on Islamic jurisprudence, or fiqh. The Ottoman Council of Ministers eventually
opted for the latter and decided to form a committee chaired by the minister of
justice,Ahmed Cevdet Pasha (1823–95), to codify the relevant rules of Islamic law
(Empire, 2009).
Development of Islamic jurisprudence does not end just like that. At the end
of the 19th century back light shone ijtihad, during the reign of the 'Ottoman
Empire under the reign of Sultan Mahmud II. The cleric was assigned to organize
a law relating to property law and the judiciary. To maintain the restructuring laws
or the "Civil Code" that some scholars were appointed for the purpose of creating
a committee. It consists of seven scholars chaired by Ahmad Pasha Jewdat as
Legal Director of the Bureau.
Other scholars have made of Al-Sayid Khalil, Saif al-Din, Al-Sayid Ahmad
Khalusi, Al-Sayid Ahmad Hilmi, Mohd Amin Al-Jundi and ‘Ala’ al-Din bin
Mohammad Amin ‘Abidin.

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Arrangements made in 1869 M / 1286H are intended to accommodate the
opinions of the jurists' in relation to the field of civil law. Works to codify civil
law takes seven years and was completed in 1876M / 1292H. Basically this law is
based on the Hanafi School. This code was later confirmed by Sultan Mahmud II
and was named "Magazine of al-Ahkam al-'Adliyyah". Law in the whole
magazine is taken from the book "Al-Zahir Riwayah", but arranged in legal
writing west, which contains a total of 1,851 maddah or things. It is not a matter
surprising because Turkey has long been influenced by Western elements.
Although the Majallah al-ahkam al 'Adliyyah is a principle of law reform
movement (Tanzimat) in 1839 but it is still there based on the principle of the
Hanafi school of Islamic jurisprudence and local customs. This Majallah is a form
of modern law code that has been divided into a number of books, chapters and
clauses in which it is contained general provisions such as the law of contract and
the law of evidence. Once the Majallah is completed in 1876M, it was enacted as
a law official. Although, in essence this law based on the Hanafi schools, but then
it began to be penetrated by other sects unless there is some use of Ibn Syubramah
of necessity or to make do with buying and selling signals.
Of an empire 'Ottomans, Turkey was turned into a republic when he
dominated and led by Mustafa Kamal Attartuk in 1927, he has set aside Majallah
is the only Islamic law and replace it with legislation codified Switzerland "Swiss
Civil Code" begins in 1927.
His reign also change other laws that based on the law of Italy and Germany.
However, the Majallah is still used in part in Jordan, Labenon and several other
countries in West Asia.
From here found the Turkish government is the government that is always
concerned about the legislation. This can clearly be seen from the efforts
underway to codify the laws of Islam into the Majallah and also the taking of
Western legal systems interchangeably.

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Majallah al-Ahkam al-'Adliyyah Turkish law is used during the reign of the
'Ottoman Empire. It was drafted and published in Arabic for the use and guidance
of the judges in resolving problems or civil cases in Turkey. It is a form of
modern law code that has been divided into a number of books, chapters and
things. However, the contents are still based on Islamic law based on the Hanafi
school. General provisions therein including contract law, regulations and events
the law of evidence. (BORHAM, 2002)

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6.0 CONCLUSION
In short, through out of this assignment, for the disctinctions between Shariah and Fiqh,
there are no doubt that there are exist some of the differences between Shariah and
Fiqh that can be discover.
Due to that, even the shariah and fiqh were looked same which they are the way to
guide us to the right part of life, they both can be differentiate according to their
characteristics. The distinctions are important in order to get a proper understanding
about the nature of Islamic Laws so that one would be able to let out themselves from
confusion which always equating these two types as same things. Moreover, due the
differences between Shariah and Fiqh,there are many modern writers who have made
keen efforts to distinguish the actual concept between shariah and fiqh.These necessary
distinctions made between them help the human to recognize and understands deeply
between both of them. It is because, the recognition and understanding of them are
crucial to strengthening the knowledge of Islamic legal sources.
At the same time, we also cannot deny the shariah and fiqh are related and crucial
aspects in Islamic Law as both of them were not ignored the precious values of Quran
and Sunnah which are the primary sources in Islam even they are significant difference
in certain issues. Besides that, many contemporary interpretations of the Shariah tend to
reflect ideological visions of the social order that should result from the applications of
Shariah. In these interpretations of Shariah does not function only as a criterian for legal
for the legal validity or permissibility and ethical of human character act but as a
blueprint for the perfect of ordering of all social relations and the solution to the
problems of achieving social harmony and justice. On top of that, the adaption of law
according to time and circumstances is necessitate by the changes in the society and the
influx various culture and materials conditions. As the religion spread and the borders
of Muslim lands expanded, all of the different civilization, each with their own code
law, traditions and cultures, had to be incorporated into Islamic polity. This was not
achieved overnight and took great foresight on the part of Muslim Jurist, being most
elegantly brought out in the development of Fiqh, the jurist law.
A part from that, when adopting the modern courts and codification of laws, no
enough attention was paid to whether these legal developments that took place outside

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the Ottoman Empire and which reflected Western cultural traditions and conventions
will fit the eastern culture. Based on the study of Islamic law during the reign of the
'Ottoman Islamic rule and later, found the Islamic legal system since the mid-19th
century are still not yet an accepted systems in all fields of law, but the legal system of
human invention, the West began to take legal where almost the entire field of
legislation. This is consistent with what is described by Farhet J.Zaideh saying that
“The declaration (Decrees) Royal Hatti Sherrif on November 3, 1839 was not fully
implemented. Therefore, after the war Creimean in 1853-1856, European powers have
urged the government to implement an Ottoman reforms more effective”.
Finally declaration or Decrees 1856 Hatti Humayum done and through out of this
declaration many changes have been made. Moreover, Majallah al-Ahkam al-'Adliyyah
Turkish law is used during the reign of the 'Ottoman Empire. It was drafted and
published in Arabic for the use and guidance of the judges in resolving problems or
civil cases in Turkey. It is a form of modern law code that has been divided into a
number of books, chapters and things. However, the contents are still based on Islamic
law based on the Hanafi schools. General provisions therein including contract law,
regulations and events the law of evidence.
To be concluded, it is importance for us to know the differences between the
Shariah and Fiqh and know the issues that related with codifications of law that have
been a reasons for the Muslim Scholars often mistaken about the issues that raises in
Islamic rule.

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7.0 REFERRENCES
7.1 Book
Al -Quran, Surah An-Nisa, 4: 29, Surah Al-Maidah, 5: 58, Surah Al-Ahzaab, 33:36,
Surah Al-Jaziah, 45:18 & Surah Al- Jumu’ah, 62: 9
Abdul Majid M. Mackeen. (1969). Contemporary islamic legal organization in
Malaya, New Haven: Yale University Southeast Asia Studies, pg. 9.
Natana J.Delongs-Bas. (2004). Wahhabi Islam, from revival and reform to global
jihad. New York: Oxford University Press, pg 133.
Coulson. N, J. (2011). A history of Islamic law. Aldine Haven: Yale University
Southeast Asia Studies, pg 9.
Khaled Abou El-Fadl. (2011). The jurisprudential in Islamic Law. University of
California, pg.317
Syeikh Yusuf Bin Ismail An-Nanhani. (June 2013). Ringkasan ridyadhus shalihin
Imam An-Nawawi. Kuala Lumpur: Telaga Biru Sdn Bhd. pg 268-270.
Thomas Banchoff. (2007). Democracy and the New Religious Pluralism. New
York: Oxford University Press. pg 146 & 147.
Borham, A. J. (2002). Majalah ahkam Johor: Latar belakang, pelaksanaan, dan
komentar. Kuala Lumpur: Penerbit UTM.
Farrukh B. Hakeem, M.R. Haberfeld & Arvind Verma. (2012). Policing Muslim
Communities: Comparative International Context, New York: Springer
Heidelberg Dordrecht London, pg 55
Mohamad Akram Laldin, Said Bouheraoua, Riaz Ansary, Mohamed Fairooz Abdul
Khir, Mohammad Mahmubi Ali & Madaa Minjid Mustafa. (2013). Islamic
legal maxims & their applications in Islamic finance, Kuala Lumpur: ISRA,
pg xiv, xv, x & 168

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Profesor Luk Bouckaert & Profesor Laszlo Zsolnai. (2011). The palgrave handbook
of Spirituality and business. New York: Palgrave Macmillan. pg 139.
Dr. Jason Beckett. The Codification of Muslim personal status laws: A blessing or a
curse?
Empire, E. o. (2009, october 19). Encyclopedia of the Ottoman empire. New York.
7.2 Internet
Feminijtihad. (2011, August 8). Distinction between Shari’ah and Fiqh, Retrieved
at 3.53pm, 20 September 2014 from
http://feminijtihad.com/2011/08/08/distinction-between-shariah-and-fiqh/
Islamic Books : Majallah al- Ahkam al- Adliyyah. Retrieved at 5.00p.m, 16 October
2014, from http://www.slideshare.net/IslamicBooks/al-majalla-al-ahkam-al-
adaliyyah-8717596
Law base : Majallah al- ahkam al- adliyyah. Retrieved at 4.00p.m, 16 October
2014, from,http://www.iium.edu.my/deed/lawbase/al_majalle/
Muttaqi Ismail. (2012, March 5). Shariah and Fiqh. Do You Know the Difference?
Retrieved at 3.40pm, 20 September 2014 from
http://islamiclearningmaterials.com/shariah-fiqh/
Nabil Mujahhid. (2010, August 13). Hukum Berjual beli pada hari Jumaat petikan
artikel Majalah Solusi oleh Us Nik Ab Rahim UKM, Retrieved at 8.39 am,
21September2014from
http://huffazpengubahdunia.blogspot.com/2010/08/hukum-berjual-beli-
pada-hari-jumaat.html
Prof. Madya Dr. Abdul Halim El-Muhammady. (2013). Minda madani from
http://www.mindamadani.my/isu-semasa/item/8-undang-undang-islam-
perbandingan-dan-penelitian-di-beberapa-negara-islam-selepas-
merdeka.html

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Revitising The Salaf. (2013, 13 January). The two precious things. Retrieved at
10.15am, 21 September 2014 from
http://www.revisitingthesalaf.org/2013_01_01_archive.html
Rhonda Roumani. (2012, November 12). What is Shari’a? What is Fiqh? And how
do they fix together? Retrieved at 3.43pm, 20 September 2014 from
http://www.islawmix.org/what-is-sharia-what-is-fiqh-and-how-do-they-fit-
together/
Usul Fiqh: Similarities and Differences Between Syariah and Fiqh. Retrieved at
3.50pm, 20 September 2014 from
http://www.slideshare.net/MunirahNajmah/similarities-different-between-
sharia-fiqh
What Is Shariah? Major sources and example of Islamic law. Retrieved at 3.53pm,
20 September 2014 from
http://www.islamproject.org/education/D01_IslamicLaw.htm
Wikipidea : Definition of Majallah al- ahkam al- adliyyah. Retrieved at 3.30p.m,
16 October 2014, from http://en.wikipedia.org/wiki/Mecelle
Civil of Law: Majallah al ahkam al-adliyyah. Retrieved at 3.00p.m, 16 October
2014,from
http://legal.pipa.ps/files/server/ENG%20Ottoman%20Majalle%20(Civil%20
Law).pdf

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8.0 APPENDIX
Hadith about wasiyyah of Prophet Muhammad Saw to the all muslims taken from
http://www.revisitingthesalaf.org/2013_01_01_archive.html

Shariah, fiqh and majalla al ahkam al-adliyyah

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