Chapter 2: The Sources of Islamic Law and Jurisprudence Methods

BPMS1013 Theory & Practice of Islamic Business

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Chapter 2: The Sources of Islamic Law and Jurisprudence Methods

By: Mohd Adib Abd MuinIslamic Business School (IBS), UUM

2013


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Sources of Islamic law and jurisprudence methodsTable of ContentIntroduction

Sources of Islamic Law

Evidance of qat’ei

Evidence of Zanni

Masqasid Al-shariàh

Fiqh Rules

Conclusion

Refrence


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Introduction Islam is a religion that teaches its

followers have high moral standards means that ultimately brings happiness in this world and the hereafter

to provide guidance for all human action or practice is in accordance with the will of God, then the scholars have agreed that there are four main sources of Islamic law that is al-Qur'an, hadis, ijmak, and qiyas.


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Sources of islamic law

a. Main source of Islamic Law (Evidence of Qat'ei)

b. Additional Resources or Legal Side of Islam (Evidance of Zanni)


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Evidance of qat’ei1. Al-qur’an

knowledge Islamic law manners rules

Supernatural news

news that has

happened, now, and

future

the importance of al-Qur'an

“Alif, Laam, Mim, thus al-Qur'an that there is no doubt about it, it is a guide to those who believe. "(Surah Al-Baqarah 2:1)


62. Hadis

hadis

in words

in the nature

In behavio

rIn act

in the journey of life

Legality of the Qur'an, as the word of God that says:

"And any other instructions that are carried by the Messenger assigns to you will take it and apply it, and whatever he forbids you, abstain prohibitions.“ (Surah Al-HASYR 59:7)


73. Ijmak

mujtahid scholars dealRule of ijmak :

all mujtahid scholars agree on Islamic law on the problems associated

the existence of a number of scholars at the time of mujtahid a problem or matter

all scholars agree on the law involved mujtahid

scholars agree mujtahid scholars mengeuarkan their views firmly, whether in the form of word or deed, either alone or in groups


84. Qiyas

Comparison between :

the new problem

The exis

t problem


94 pillars of qiyas:

origin of the problems listed above player medals ruling in the Qur'an, Hadith or consensus as sickle liquor ordinance in the Holy Qur'an.

original ruling of Islamic law in the problems explained in one of the sources of law such as illegal alcohol

branch or furu 'of the problems described in one of the sources of law in the Qur'an, the Hadith, and consensus.

illah or illat, the nature of the form reasonable cause birth original law just like the law furu 'or new


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Evidence of Zanni

Uruf

Masalih al-

Mursalah

Istihsan

Istishab


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MASQASID AL-SHARIÀH

The goal or purpose of the law of God be secret. The importance of knowing Masqasid al-Shari'ah is to

understand the Islamic texts and applied to the new problems arise mainly mujtahid

There Masqasid al-Shariah in relation with human

have five things : 1. Hifzud din = preserve religion 2. Hifzun nafs = preserve soul / life 3. Hifzul àql = preserve common sense 4. Hifzun consanguinity = preserve offspring 5. Hifzul mal = preserve propety


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Fiqh Rules1. Each item assessed based on intention

2. Confidence Not Lost In Doubt

3. Difficulty Bringing Facilities

4. Become customary law

5. hazards must be eliminated


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Conclusion Sources of Islamic law is divided into 3

parts :

Evidance of qat’ei Evidence of ZanniFiqh Rules


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Refrence • Al-Quran• Al-Bakri, Z. (2011), “Kewangan Islam

Dalam Fiqh Syafi’I”, IBFIM, Kuala Lumpur Syed Mohd Ghazali Wafa Syed Adwam

Wafa, Muhammad Nasri Hj. Md. Hussain & Mohd. Hizam Hanafiah. (2003). Pengantar Perniagaan Islam. Kuala Lumpur: Prentice Hall (M) Sdn. Bhd


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Thank YouSyukran Jazilan….