Presentation On Shariah Law

Imraan Pondor
Definition
 Root Word – Sha ra a
 To Open upon a street
 From Sha ra a we have mash ra a
 Meaning path to a watering place/pond

Legal Definition
 In legal term “shara’a” means to make or establish laws.
From “shara’a” also comes Shariah which in legal term
means laws relating to all aspects of human life
established by Allah s.w.t. for his servants.
 It refers to the sum total of Islamic laws which were

revealed to the Prophet (pbuh) and which were
recorded in the Qur’an as well as deductible from the
Prophet’s divinely guided lifestyle (sunnah)
Sources
 Primary
 Qur’an
 Sunnah
 Ijma
 Qiyas
Sources
 Secondary
 Istislah (seeking welfare)
 Urf (customs & traditions)
 Revealed laws preceding Muhammad ( Ahl ul Kitab)
 Sad ad Dharai (blocking the means)
 Fatwa of a companion (opinion of a companion)
Qur’an- Words of Allah revealed to the Prophet (pbuh)
 It contains laws and rules on how to regulate
 political, legal, economic, social and moral
 matters in society.
 There are 350 legal verses (ayat ahkam) in the Qur’an:
 140 verses concern ibadat
 70 verses concern munakahat
 70 verses concern muamalat
Sunnah
 Al-Sunnah
 Sunnah is the sayings, deeds and approvals of Prophet

Muhammad s.a.w. Sunnah is also referred to as
Hadith.
Sunnah –(Sayings, Actions, approvals)
 Hadiths are also grouped according to the character of
the transmitters in 3 classes :
 (i) Sahih
 (ii) Hasan
 (iii) Daif
Sunnah/Texts
 Six great collections regarded as authoritative by the
Sunni Schools of Islamic Law are :
 (i) Jami’ As-Sahih Al-Bukhari (d. 869 A.D)
 (ii) Jami’ As-Sahih Muslim (d. 874 A.D)
 (iii) Jami’ At-Tirmizi (d. 892 A.D)
 (iv) Sunan Abu Daud (d. 888 A.D)
 (v) Sunan An-Nasai (d. 915 A.D)
 (vi) Sunan Ibn Majah (d. 886 A.D)
Ijma
 Ijma’: Consensus of opinion or agreement of
Muslim jurisconsults in any particular age on a
juridical rule.
Qiyas
 Qiyas : An application or extention of the law
established by a binding authority to a particular
case (individual deductions of jurists).
 Accord of a known thing by reason of the quality of the
one with the other in respect of the effective causes of
its law.
Objectives/Maqasid
 Imam al Shatibi
 FIVE ESSENTIAL VALUES – (Daruriyat)
 Protection of religion
 Protection of life
 Protection of intellect
 Protection of Family
 Protection of Property
Religion-Faith
 Gives the right worldview
 Provides Values or rules of behaviour
 Provide the right motivation
 Provides guidelines for proper upbringing and
education –moral as well as material
 Emphasises the need for good governance
Life
 Treat murder as a major sin
 Prohibit suicide
 Prohibit abortion
 Encourages procreation
 Encourages mariage
Intellect
 Encourages moral as well as material education
 Prohibit Toxic substances-Drug/alcohol
 Way of life conducive to peace and tranquility
 Invitation to reflect upon the creation and to make use
of reason and logic
Family
 Makes Adultery haraam
 Encourages mariage
 A Social system which is comprehensive
 Support of Elders
Property
 Encourages just means to obtain wealth
 Discourages wastefulness
 Makes Riba Haram
 A just economic system
FIQH/JURISPRUDENCE
 Fiqh Understanding
 Literally it means the true understanding of what is

intended.
 Technically it means the science of deducing Islamic
laws from evidence found in the sources of Islamic law,
 = End Product of using a defined methodology and the

principles and sources of shariah
Usul ul Fiqh
 Example of a stick to collect fruits from a tree
 Usul ul Fiqh is the methodology by which the rules of

fiqh are deduced from their sources
 Usul ul Fiqh is the instrument- Fiqh is the end result

Categories/Levels
 Daruriyat Essential -Five Essentials
 Hajiyat Complementary
 Tahnisiyat Embellishments
Evolution of Fiqh
 SCHOOLS OF ISLAMIC LAW
 In the beginning around 780 A.D to 850 A.D the
differences in Islamic Law followed geographical
regions:
 1. Madinah School
 2. Iraqi School (around Kufah, Basrah and Baghdad)
 3. Syrian School (Damshiq or Damascus)
 During this period only the jurists attached themselves
to the imams of the different schools which were
beginning to emerge
Schools of Thought
 Four of the schools of Islamic Law (mazahib pl. of
mazhab) which prevail until today are :
 1. Hanafi (changed from Iraqi School)
 2. Maliki (changed from Madinah School)
 3. Shafii (change from Iraqi School)
 4. Hanbali (change from Iraqi School)
Actions
Ibadat Muamalat
General Principles
IBADAH
To do what is only prescribed

e.g cannot do more or less than five prayers
can only fast one full month of ramadan and
not other month
Any innovation is called a Bid’ah

Muamalat
 Basic Principles;
 Permissibility of all things – except what is declared
prohibited
 To make lawful and to prohibit is the right of Allah alone
 Good intentions do not make the haram acceptable
 The haram is prohibited to one and all alike
 Necessity dictates exceptions
Halal & Haram
 Halal – means that which is lawful or permissible. All
that is beneficial for an individual, his society and the
environment comes under the category of Halal.
 Haram- means that which is unlawful or prohibited.
Only that which is destructive for a person as an
individual, his society and the environment –
destructive in the physical, mental or spiritual senses
is regarded as Haram.
Categories of Halal
 Fard – Fard Ayn- duty on individual
 Fard ul Kifayah- duty on community
 Mustahab -recommended in the sunnah of the Prophet-

pbuh-doing rewarded- not doing no punishment
 Mubaah - Tolerated- acts which may be done but which do
not attract reward or merit
 Makruuh - Detested but allowed – there is no punishment
for it- e.g divorce
 -
Conclusion
 The Shariah is an eternal system of life that is based on
general principles to be found in the Qur’an and
Sunnah – It allows Muslims to live their lives in
whatever situation, context, ages etc because of the
flexibility of its Fiqh or jurisprudence.
 If there were no jurisprudence, Islam would have

outlived the modern times of technology, inventions
and philosophies.
Bibliography
 The Evolution of Fiqh- Bilal Phillips
 Outlines of Islamic Jurisprudence-Isam Ghanem
 Islam –the natural way of life – A Wahid Hamid
 The Lawful and the Prohibited – Dr Yusuf Qaradawi
Jazakallah Khair
 Imraan Pondor mipondor@intnet.mu

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Imraan Pondor

 From Sha ra a we have mash ra a

 Meaning path to a watering place/pond

 It refers to the sum total of Islamic laws which were

 Sunnah is the sayings, deeds and approvals of Prophet

 Literally it means the true understanding of what is

 = End Product of using a defined methodology and the

 Usul ul Fiqh is the methodology by which the rules of

 Usul ul Fiqh is the instrument- Fiqh is the end result

 Daruriyat Essential -Five Essentials

To do what is only prescribed

Any innovation is called a Bid’ah

 Mustahab -recommended in the sunnah of the Prophet-

 If there were no jurisprudence, Islam would have

 Imraan Pondor mipondor@intnet.mu

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