Transcript Islamic Studies Courses In Chabot, Ohlone, Mission, and De Anza Colleges Designed and taught by Hafiz M.

Islamic Studies Courses
In
Chabot, Ohlone, Mission, and De Anza
Colleges
Designed and taught
by
Hafiz M. K. Siddiqi, Ph.D.
Islamic Shari’ah: Legal System
Its development and application
Shari’ah is the body of Islamic Law. It is
the legal framework within which the
public and private aspects of life are
regulated for those living in a legal
system based on Islamic Shari’ah. It
deals with every aspects of day-to-day
life, including diet, politics, economics,
hygiene, banking, business contracts,
family, and social issues.
Then We put you (O’Muhammad) on the
(right) Way of Religion (Shari’ah): so you
follow that (Way), and do not follow the
desires of those who do not know. 45/18
The same Religion He has established for
you as that which He enjoined on Noah,
the which we have sent by inspiration to
you, and that which we enjoined on
Abraham, Moses, and Jesus:
namely, that you should remain
Steadfast in Religion, and make no
divisions therein: to those who
worship other things than Allah,
hard is the (way) to which you call
them. Allah chooses to Himself
those whom He pleases, and
guides to Himself those who turn
(to Him).42/13
Basic principles and foundations of Shari’ah:
1.
Common good: 7/157
2.
Establishment of perfect and equal justice for
all: 4/135, 5/8, 6/152, 16/90
3.
It is easy to implement with no difficulty:
5/6, 2/185,22/78
4.
Certain needs will make certain prohibited
things, permissible, when forced by the
necessity without willful disobedience to
Allah: 2/173, 6/119,145, 16/115, 5/3
5. Injustice, oppression, aggression and any
undue advantage, or unfair treatment was
made unlawful: 2/258, 270, 279, 3/57,86
11/18, 14/13, 18/57, 4/148, 16/41, 22/39
6. Laa Darara Walaa Diraara: Don’t harm any
one and do not let any one harm you.
7. Obligation within the human capacity: 2/286,
4/28, 5/101
8. Gradual prohibition: 2/219, 4/43, 5/90-91
9. Social change, abrogation: 2/106
Islamic law addresses, both civil and
criminal justice as well as regulates
individual conduct both personal and
moral. The body of law based on the
Qur’an and Sunnah distinguished by
Islam and Muslims in their
application, as Shari’ah law.
Sharia has certain laws which are
regarded as divinely ordained,
concrete and timeless for all relevant
situations for example, the ban on all
kinds of intoxicants: liquid, powder,
Pill, leaf, drugs, or in any other form.
Laws of marriage, divorce, custody of
Children etc.
The primary sources of Islamic law
are the Qur’an and Sunnah. There
are two supplementary sources:
Ijmaa’: the consensus of Islamic
jurists on certain issues, and Qiyas:
Drawing analogy from the essence of
divine principles and preceding
rulings.
In situations where no concrete
rules exist under the sources, law
scholars use Qiyas: various forms
of reasoning, including by analogy.
The consensus of the community or
people, public interest, and others
are also accepted as secondary
sources where the first four primary
sources allow.
So, Shari’ah is divinely ordained legal system
in which the supreme controlling power and
Absolute and independent authority and
Sovereignty belongs to Allah swt. All praises
Are due for Allah the Sustainer of the worlds1/1
Here Rabb (Sustainer) signifies not only the
Sovereign but also Sustainer and provider of
the worlds. The command is for none but Allah.
12/40, 67, 80. Blessed is He in whose hand is
Dominion, 67/1, See: 57/5.
It is ideal law, it is perfect and for all times
Because Allah is perfect. He is universal God
therefore His law is universal. It has combined
in itself not only what law is but also what law
ought to be. That is why it is Ideal and positive.
It can be described as the positive law in Ideal
form. At the root of all Islamic concepts lies the
Doctrine of “the Ummah” the humankind, who
are tied to each other, and equal, without
distinction of rank, class or race: see 23/52
Differences in/of functions are recognized, but
the most noble among them will be the most
God Conscious. 49/13
The word Ummah comes from Umm, (Mother)
Because the whole humankind is connected to
Eve: the mother of humankind, hence, those
who accepted the divine message will be the
Ummatul-Istijabah, and the rest of the
Humanity, Ummatud-Da’wah (To be invited to
Divine message).
The community of the believers form a single
Indivisible organization charged to uphold the
true faith, to persuade people to the good and
prohibit them from evil by words and deeds.
The designer of this system is Allah and His
Commandments were revealed to Prophet
Muhammad pbuh. They embody the law and
the constitution for the followers of this system.
The Distinctive features of Islamic Shari’ah:
1. It is designed by God: Allah swt.
2. It governs state and citizens both.
3. The ruler, in this system, is an implementer.
4. It governs every aspect of human life. There is no
division of secular and religious hence the
concept: “render unto Caesar the things that are
Caesar’s and unto God what belongs to God” has
no relevance.
5. Allah
is Merciful, therefore His law can
not be entirely Coercive. It is partly
Coercive and mainly corrective and
persuasive. It allows time for correction,
reform and amendment in life. Only
serious crimes are punished severely to
maintain the order in the society.
6. In the light of this divine constitution, the first
Muslim society was formed. The basic
concepts of civilized societies such as
compassion for the weaker, fairness in dealings
incorruptibility in administration of justice
were enjoined. Intoxicants, usury, gambling
were forbidden. The sacredness of human life,
dignity, status of women were raised, rules of
inheritance were laid down.
7. A group of righteous people who
enjoin right conduct and forbid
evil was trained on the hands of
Prophet Muhammad pbuh, who
made the implementation of this
divine law possible in this new
society.
8. Virtue and vice, good and evil can
not be rationally determined, for God
alone knows what is absolutely good
or evil. To know objective good is
beyond our power and this can not be
denied, for it is often we like a thing
which is bad for us, and hate a thing
which is good for us. See 2/216
That is why the human actions are
Cassified Into certain categories: Haram
(Unlawful), Halal (Lawful) Fard
(Compulsory) Wajib (Duty)Makrooh
(undesirable) etc.
9. Transactions of various kinds were
also classified with appropriate terms
like: Sahih (Valid), Fasid (defective), Batil
(Null and void), etc.
The very basic five human rights were
Named and protected. Any violation of those
was considered a punishable crime:
1.
Life
2.
Religion
3.
Intellect (includes freedom of expression)
4.
Wealth
5.
Honor