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

““INTRODUCTION TO THEINTRODUCTION TO THE
STUDY OFSTUDY OF FIQHFIQH ””
Intermediate Level Islamic course in English for AdultsIntermediate Level Islamic course in English for Adults
conducted 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 forUsing 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 PURPOSEITS SOURCES, AIMS AND PURPOSE

CONTEXT OF SINGAPORECONTEXT OF SINGAPORE
PREVIOUSLY EXPLAINEDPREVIOUSLY EXPLAINEDAll Rights Reserved © Zhulkeflee Hj Ismail (2014))

PREVIOUSLY EXPLAINEDPREVIOUSLY EXPLAINED

When we speak of learning and education in Islam, the role of theWhen 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 aas a MU-ADDIBMU-ADDIB (Educator) who provides(Educator) who provides IRSHADAHIRSHADAH (spiritual guidance)(spiritual guidance)
etc., cannot be overlooked.etc., cannot be overlooked.
Remember, theRemember, the ‘ULAMA‘ULAMA is an ‘institution’ within the persons or theis an ‘institution’ within the persons or the
personalities - and cannot be ‘hijacked’ by the corporate people aspersonalities - 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
PREVIOUSLY EXPLAINEDPREVIOUSLY EXPLAINED

CHALLENGES AND DEVELOPMENTCHALLENGES AND DEVELOPMENT
It must be noted that today, with the availability of easy access toIt 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 ofstudy rather than undergoing right tutelage under the guidance of
competent teachers; with the proliferations of ideologies of groupscompetent teachers; with the proliferations of ideologies of groups
promoting unknown agendas in the name of Islam; - Muslims beingpromoting unknown agendas in the name of Islam; - Muslims being
deprived of a competent teacher’s guidance indeprived of a competent teacher’s guidance in FIQHFIQH should be a veryshould 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 meddlingIndeed 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 generalMuslims), and compounded by the relative ignorance of the general
Muslims themselves regarding their own basic knowledge of theirMuslims themselves regarding their own basic knowledge of their
DEENDEEN..
Especially worrying is when this involves specialized fields andEspecially worrying is when this involves specialized fields and
subjects regarding oursubjects 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 inCan any one claim the right to be involved in giving or engaging in
serious discourse in other specialised fields like medicine orserious 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 haveOr even if one knows something about draughtsmanship or have
read medical journals, without the proper training and approval ofread medical journals, without the proper training and approval of
the true practitioners in their respective fields, messing in thesethe 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 languageWe 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 theWhen the lingua francalingua franca for Islamic discourse is predominantly infor Islamic discourse is predominantly in
Malay language, and the continual presence of so many of ourMalay language, and the continual presence of so many of our
traditionally trainedtraditionally trained ASAATIZAHASAATIZAH in our midst (Bahasa Melayu/in our midst (Bahasa Melayu/
Bahasa Indonesia speakers), it has ensured adequate supervisionBahasa Indonesia speakers), it has ensured adequate supervision
towards overseeing, and if need be, of correcting whatevertowards 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 thatBut the trend now is that discourses in English has become morediscourses in English has become more
predominantpredominant and may replace the Malay, asand may replace the Malay, as lingua francalingua franca
especially in the Singapore context.especially in the Singapore context.

PLEASE ALLOW MEPLEASE ALLOW ME
TO ADDRESS TO ALLTO ADDRESS TO ALL
THOSE WHOSETHOSE WHOSE
MOTHER TONGUE ISMOTHER TONGUE IS
‘ BAHASA MELAYU ’‘ BAHASA MELAYU ’

Al-HamdulillahAl-Hamdulillah, rata-rata kita semua dapat bertutur dalam dwi-bahasa (English-, rata-rata kita semua dapat bertutur dalam dwi-bahasa (English-
Malay). Malangnya, nilai bahasa Melayu yang digunakan kini amat bercelaru, danMalay). Malangnya, nilai bahasa Melayu yang digunakan kini amat bercelaru, dan
hanya tertumpu kepada pertuturan harian biasa dan tidak ditingkatkan jugahanya tertumpu kepada pertuturan harian biasa dan tidak ditingkatkan juga
kepada budaya pembacaan serta penulisan.kepada budaya pembacaan serta penulisan.
Penguasaan Bahasa Melayu diperlukan kerana ianya akan memudahkan kitaPenguasaan Bahasa Melayu diperlukan kerana ianya akan memudahkan kita
memanfa’atkan khazanah ‘ilmu Islam (buku-syarahan) di-Nusantaramemanfa’atkan khazanah ‘ilmu Islam (buku-syarahan) di-Nusantara
Sangat dibimbangkan sekiranya nanti: “Sangat dibimbangkan sekiranya nanti: “Apa yang dikejar tidak dapat, malah yangApa yang dikejar tidak dapat, malah yang
digendong pula kecicirandigendong 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 away
Touching the roof while swinging in the cradle
When one has mastery in the language of Malay
Much of its Books will be useful and beneficial.

Neglect not your vernacular its usage and proficiency
Preserving this heritage is a duty we must not abuse
Practice it often to develop our literacy and fluency
For in the Nusantara, Malay language is still much in use
Bahasa ibunda mu janganlah terabaiBahasa ibunda mu janganlah terabai
Jagalah pusaka ini dan jangan dicuaiJagalah 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 EnglishTeaching Islam in English now is increasingly in demand and manynow is increasingly in demand and many
classes or courses are eagerly started, but who are teaching theseclasses 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 andYet, from my experience in this field, the approach in teaching and
the curriculum to use,the curriculum to use, cannot merely be by translatingcannot merely be by translating oror
converting whatever has been done in Malay into English (as someconverting 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 ADABADAB andand
respect for what has already been nurtured by our pastrespect for what has already been nurtured by our past ‘ULAMA‘ULAMA..

Also theAlso the MAD-’UMAD-’U (the audience for(the audience for DA’WAHDA’WAH and students) theirand students) their
exposure and background, may require special responses – viz. beexposure 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 manyA concern too, is the proficiency (or rather the lack of it) of many
ASAATIZAHASAATIZAH in use of English, sincein use of English, since the teaching of Faith requiresthe teaching of Faith requires
convincing and very engaging , communication skillsconvincing and very engaging , communication skills..

Qualified graduates from Islamic learning centres, even thoseQualified graduates from Islamic learning centres, even those
proficient in English, are advised to refer to or (if they have anyproficient in English, are advised to refer to or (if they have any
humility) to spend some time to learn from those with muchhumility) to spend some time to learn from those with much
experience, especially those who have already been involved forexperience, especially those who have already been involved for
years in this fieldyears in this field locallylocally - rather than trying to ‘- rather than trying to ‘re-invent the wheelre-invent the wheel ’.’.
Especially useful is to know the kind of ‘Especially useful is to know the kind of ‘questions, arguments andquestions, arguments and
concernsconcerns ’ which contemporary audience frequently posed, and how’ which contemporary audience frequently posed, and how
to effectively address them.to effectively address them.

Importing andImporting and indiscriminateindiscriminate use of foreign ‘talents’ without seeking adviceuse 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 theEducation’ 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, passionatewisdom, sincerity, and their love, affection, commitment, passionate
dedication to their growing plant, cannot be easily replaced.dedication 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 andbe done – especially teaching Islam in English. Have this been seriously and
adequately done? And by whom?adequately done? And by whom?

DEPENDING UPON NEEDS – AIM OF LEARNING FIQHDEPENDING UPON NEEDS – AIM OF LEARNING FIQH
The traditional approach for teaching and learningThe traditional approach for teaching and learning FIQHFIQH is towardsis towards
becoming a religious scholars or teachers.becoming a religious scholars or teachers.
For these, their curriculum onFor these, their curriculum on FIQHFIQH is similar or equivalent to that inis similar or equivalent to that in
full-timefull-time MadrasahMadrasah and may prepare such students with one of theand may prepare such students with one of the
qualification for pursuing further studies in higher centres of learningqualification 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 FIQHDEPENDING 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/subjectcomponent/subject FIQHFIQH alone, as being adequate for it mustalone, 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 Islamicetc. because Islamic
scholars cannot go into specialization without adequate learning inscholars 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 amHere, I am sharing what I’ve envisaged (and which I am
continuously implementing) as the curriculum in learningcontinuously implementing) as the curriculum in learning FIQHFIQH forfor
new Muslims (in English) – or for those who may only be able tonew 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 inTheir needs in FIQHFIQH are somewhat different from those intendingare somewhat different from those intending
to be specialist in the knowledge of theto be specialist in the knowledge of the DEENDEEN..

Also of late, many confusion did arose when matters ofAlso 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 utterPerhaps 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 schoolor by hastily belittling certain opinions of predominant school
MADZHABMADZHAB which most Muslims here have already been earlierwhich most Muslims here have already been earlier
taught.taught.

Also, many may have gone on to studyAlso, many may have gone on to study FIQHFIQH without beingwithout being
adequately introduced to this field of study - how it is placedadequately introduced to this field of study - how it is placed
within the overall educational need of a Muslim – the biggerwithin the overall educational need of a Muslim – the bigger
schema; aim and purpose of the study; relevant history of itsschema; 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 withIn 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 ofWe fear for the possible loss of ADABADAB amongst these students andamongst these students and
the danger of ‘anarchy’ as some in their ignorance, even arethe danger of ‘anarchy’ as some in their ignorance, even are
advocating the doing away of the need to followadvocating the doing away of the need to follow MADZHABMADZHAB itself.itself.
We are not against their learning comparative schools of IslamicWe 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 thethis is reserved only for those who are already competent in the
initialinitial MADZHABMADZHAB they were on, and who knows and have thethey were on, and who knows and have the ADABADAB
in matters ofin matters of KHILAAFIYAHKHILAAFIYAH..

 However in Singapore, where Muslims generally attend part-timeHowever in Singapore, where Muslims generally attend part-time
classes on Islam (usually only once a week), it would not beclasses on Islam (usually only once a week), it would not be
possible to follow this curriculum / quantum (unless for thepossible to follow this curriculum / quantum (unless for the
exceptional few who can give more of their time and be fullyexceptional few who can give more of their time and be fully
committed to engage in regularcommitted 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 theTherefore, the following (is our suggestion) here is meant for the
general Muslims or new Muslims (convert or novice), asgeneral Muslims or new Muslims (convert or novice), as
introduction to learningintroduction to learning FIQHFIQH (part-time).(part-time).
MUQADDIMAH: THE SEQUENCE OF TOPIC – SPECIFIC OBJECTIVEMUQADDIMAH: THE SEQUENCE OF TOPIC – SPECIFIC OBJECTIVE

MUQADDIMAH: THE SEQUENCE OF TOPIC – SPECIFIC OBJECTIVEMUQADDIMAH: 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 LEARNINGIN LEARNING
WHAT ISWHAT IS SHAR’IAHSHAR’IAH??
OVERVIEW AND INTRODUCTION TOOVERVIEW 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 APPLICATIONAPPLICATION 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 / Objective
Development 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 good
Enjoining 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

‘ILM FIQH

Purpose / Objective
What is involved?
What is the Effect?
BROAD EXTENT OF TOPICS COVERED IN FIQHBROAD EXTENT OF TOPICS COVERED IN FIQH
‘‘ibadahibadah (personal devotion / worship)(personal devotion / worship)
MuamalahMuamalah (social transaction)(social transaction)
MunakahahMunakahah (Marriage & family)(Marriage & family)
Irth / fara’idIrth / fara’id (Distribution of wealth)(Distribution of wealth)
JinayahJinayah (crimes & punishment)(crimes & punishment)
Qodha’iyahQodha’iyah (judiciary)(judiciary)
jihad / Da’wahjihad / Da’wah (struggle in war & peace)(struggle in war & peace)
imarahimarah (Leadership/government)(Leadership/government)

‘ILM FIQH

Purpose / Objective
What is involved?
What is the Effect?
RELEVANT COMPLEMENTARYRELEVANT COMPLEMENTARY
KNOWLEDGE:KNOWLEDGE:
All applied sciences, technologyAll applied sciences, technology
and skills, knowledge of economics, politics,and skills, knowledge of economics, politics,
social & administrativesocial & administrative
sciences etc. that can assist in thesciences etc. that can assist in the
fulfilment of establishing justice, order, peace,fulfilment of establishing justice, order, peace,
harmony, prosperity, physicalharmony, prosperity, physical
with moral progress, and the well-beingwith 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 TODAYAMONGST THEM WHICH IS RELEVANT TODAY
 Always remember to always comply withAlways remember to always comply with ADABADAB of a student, andof a student, and ADABADAB
towards all teachers.towards all teachers.
 As we may have to re-learn or even unlearn, be patient especially whenAs we may have to re-learn or even unlearn, be patient especially when
new ‘revelation’ seem to negate (or even refute) what you may alreadynew ‘revelation’ seem to negate (or even refute) what you may already
know. As students our ‘ego’ had to firstly be put in their place, before itknow. As students our ‘ego’ had to firstly be put in their place, before it
can be deserving of clarification and illumination.can be deserving of clarification and illumination.
 How you are learning and being taught (method) is unique for yourself, notHow you are learning and being taught (method) is unique for yourself, not
a template to be applied for others .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 makingInstead, resist it by making DU’ADU’A for them. As for yourself, thisfor them. As for yourself, this DZIKRDZIKR
sufficient:sufficient:
There is no power nor strength except with Allah The Most High, the MostThere is no power nor strength except with Allah The Most High, the Most
Esteem.Esteem.
Avoid platforms and gatherings that incite mostAvoid platforms and gatherings that incite most JIDALJIDAL (acrimonious(acrimonious
argumentations) regardingargumentations) 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 knowledgeas 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, notis to be acted upon, not
something to be discussed. To try to impress and convince otherssomething to be discussed. To try to impress and convince others
as to what should beas to what should be ADABADAB or not to those who are heedless andor not to those who are heedless and
ignorant, itself may actually be contrary toignorant, 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 ordainedThen 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 thereligion]; 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 understandFrom these meanings of the root word, we can understand
that for Muslims,that for Muslims, SHARI-’AHSHARI-’AH is the path to be followed, notis the path to be followed, not
only leading to Allah, the Most High, but the path believedonly leading to Allah, the Most High, but the path believed
by Muslims to be the path shown by Allah, the Creatorby Muslims to be the path shown by Allah, the Creator
Himself through the Messenger Muhammad s.a.a.w. , theHimself through the Messenger Muhammad s.a.a.w. , the
Divinely approved path, a total way of living leadingDivinely approved path, a total way of living leading
ultimately to the Eternal Life.ultimately to the Eternal Life.

““Guide us uponGuide us upon the straight waythe straight way ((SWSWIRAT). TheIRAT). The way of thoseway of those onon
whom Thou hast bestowedwhom Thou hast bestowed Thy GraceThy Grace (NI’MAH), Those whose(NI’MAH), Those whose
(portion)(portion) is not wrathis not wrath (GHADB) and who go(GHADB) and who go not astraynot 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 yourselvesO YOU who have attained to faith! Do not put yourselves
forward in the presence of [what] Allah and His Messengerforward 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 clearfor the express purpose that thou shouldst make clear
to them those things in which they differ, and that itto 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 themAnd this (He commands): Judge thou between them
by what Allah hath revealed and follow not their vainby what Allah hath revealed and follow not their vain
desires, but beware of them lest they beguile theedesires, but beware of them lest they beguile thee
from any of that (teaching) which Allah hath sentfrom any of that (teaching) which Allah hath sent
down to thee. And if they turn away, be assured thatdown to thee. And if they turn away, be assured that
for some of their crimes it is Allah's purpose to punishfor 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 beenO Messenger! proclaim the (Message) which hath been
sent to thee from thy Lord. If thou didst not thousent 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 meanand 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 MessengerO 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 inrefer it to Allah and His Messenger if ye do believe in
Allah and the Last Day: that is best, and most suitable forAllah 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 yourAnd I leave behind me for you all, for clarifying in your
affairs (of this religion), whosoever holdfast to them shallaffairs (of this religion), whosoever holdfast to them shall
never be led astray – (these are) thenever be led astray – (these are) the Book of AllahBook of Allah andand
thethe 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”))

““(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 myThey are those who revive my SunnahSunnah (the Way or(the Way or
traditions) and teaches them to the servants oftraditions) 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 theFrom 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 importantThus the legacy for this is contained within two important
corpuses – thecorpuses – the QUR’ANQUR’AN andand AS-SUNNAHAS-SUNNAH – which have always– which have always
been unanimously acknowledged by every Muslims since thebeen unanimously acknowledged by every Muslims since the
Prophetic era, meticulously collected, checked for itsProphetic era, meticulously collected, checked for its
authenticity, applied in practice which thus expanded theauthenticity, applied in practice which thus expanded the
wisdom of thewisdom of the UMMAHUMMAH with juristic precedence, and faithfullywith juristic precedence, and faithfully
preserved until today.preserved until today.

 Yet, extracting the rulings and guidance from these require one whoYet, extracting the rulings and guidance from these require one who
is competent, possessing adequate knowledge and proficiency in theis competent, possessing adequate knowledge and proficiency in the
Arabic language (classical); the relevant sciences of theArabic language (classical); the relevant sciences of the QUR’ANQUR’AN; the; the
sciences ofsciences 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 specialisedFor 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 ofunderstanding of ” – and not the “” – and not the “SHARI’AHSHARI’AH “ itself .“ itself .
 The use of the term by the earlyThe use of the term by the early MUJTAHIDUNMUJTAHIDUN refers to theirrefers to their
understanding of theunderstanding of the DEENDEEN, which are generally categorised into, which are generally categorised into
USULIYYAH -I’TIQODIYAHUSULIYYAH -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” IJTIHADIJTIHAD, we, we
affixed the name of the scholar’s who made them. Thus we sayaffixed 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 orrulings from the) understanding of Imam As-Shafi-’ie or
of Imam Abu Hanifaof Imam Abu Hanifa” respectively.” respectively.
 This fact is important to be appreciated by followers of whicheverThis fact is important to be appreciated by followers of whichever
MADZHABMADZHAB today, to avert ignorant fanatics amongst them claimingtoday, to avert ignorant fanatics amongst them claiming
exclusivity, that theirs is the only right interpretation, while thoseexclusivity, 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’sAlso, what this means is that these rulings are a particular scholar’s
best understanding of thebest understanding of the SHARI’AHSHARI’AH to a given matter, which implyto a given matter, which imply
thatthat SHARI’AHSHARI’AH itself remaining open to other possibleitself remaining open to other possible
interpretations, by other qualifiedinterpretations, by other qualified MUJTAHID ,MUJTAHID , as in other time andas in other time and
or in other circumstances.or in other circumstances.
 Also to note, there are already enough principles and rulingsAlso to note, there are already enough principles and rulings
unanimously and universally upheld by Islamic scholars inunanimously and universally upheld by Islamic scholars in Qur’anQur’an andand
AhadithAhadith, clear and unequivocal, preserved and continually referred, clear and unequivocal, preserved and continually referred
to, in these primary sources and cannot be reinterpreted byto, in these primary sources and cannot be reinterpreted by IJTIHADIJTIHAD..
This agreement is termedThis agreement is termed IJMA’IJMA’..

 But this is not a totally rigid legal system for there are alsoBut this is not a totally rigid legal system for there are also
inherent flexibility too within theinherent flexibility too within the SHARI’AHSHARI’AH , especially, especially
regarding its implementations with many provisos andregarding 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 outAmple and adequate areas are left open for scholars to seek out
a specific rulings, or for rules of exceptions to be invoked due toa 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 . Theseestablished and universally accepted general principles . These
usually pertains to secondary matters or involving matters ofusually pertains to secondary matters or involving matters of
specifics and details.specifics and details.

 Here is whereHere 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 aWhat Islamic scholars are vigilant of is when an interpretation is a
deviancy or an obvious error (opposed to unanimously accepteddeviancy 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 toAn Islamic scholars role is not merely to pronounce a ruling, but to
guide the community upon the right guidance whichguide the community upon the right guidance which SHARI’AHSHARI’AH waswas
meant for.meant for.

 And the purpose ofAnd the purpose of AD-DEEN AL-ISLAMAD-DEEN AL-ISLAM especially theespecially the SHARI’AHSHARI’AH
established by our Prophet s.a.a.w. which has been perfectedestablished 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 notsolution not problems; it relieves mankind of hardship not
accentuating nor condoning them; seeking to uphold Justice asaccentuating 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 otherfirm 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 allThis 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 forcompleted 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 communityAnd 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 mightbalanced], so that [with your lives] you might
bear witness to the truth before all mankindbear 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 toThe 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 andright 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 dealIt is part of the Mercy of Allah that thou dost deal
gently with them. Wert thou severe or harsh-heartedgently with them. Wert thou severe or harsh-hearted
they would have broken away from about thee; so passthey would have broken away from about thee; so pass
over (their faults), and ask for (Allah's) forgiveness forover (their faults), and ask for (Allah's) forgiveness for
them; and consult them in affairs (of moment). Thenthem; 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 right, forbiddingYe are the best of peoples, evolved for mankind, enjoining what is right, forbidding
what is wrong, and believing in Allah.”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 RightThere 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 givingAllah commands justice, the doing of good, and the giving
to kith and kin (their dues), and He forbids all shamefulto kith and kin (their dues), and He forbids all shameful
deeds, and injustice and rebellion: He instructs you, that yedeeds, 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 thewhich He has made mankind: no change (let there be) in the
work (wrought) by Allah: that is the standard Religion: butwork (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 theAnd 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 truththat [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 whatYe 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 areamong 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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