Chapter 2: The Sources of Islamic Law and Jurisprudence Methods

Transcription

1 1 Chapter 2: The Sources of Islamic Law and Jurisprudence Methods By: Mohd Adib Abd Muin Islamic School (IBS), UUM 2013

2 2 Sources of Islamic law and jurisprudence methods Table of Content Introduction Sources of Islamic Law Evidance of qat ei Evidence of Zanni Masqasid Al-shari`ah Fiqh Rules Conclusion Refrence

3 3 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.

4 4 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)

5 5 Evidance of qat ei 1. 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)

6 2. Hadis 6 in words in the journey of life hadis in the nature In act In behavior 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)

7 3. Ijmak mujtahid scholars deal Rule of ijmak : 7 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

8 4. Qiyas Comparison between : 8 the new problem The exist problem

9 4 pillars of qiyas: 9 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

10 10 Evidence of Zanni Istishab Uruf Istihsan Masalih al- Mursalah

11 11 MASQASID AL-SHARI`AH 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 `aql = preserve common sense 4. Hifzun consanguinity = preserve offspring 5. Hifzul mal = preserve propety

12 12 Fiqh Rules 1. 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

13 13 Conclusion Sources of Islamic law is divided into 3 parts : Evidance of qat ei Evidence of Zanni Fiqh Rules

14 14 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

15 15 Thank You Syukran Jazilan.