Introduction
Definition of the Shari’ah
Branches of the Shari’ah
Shari’ah and Fiqh
Classifications of injunctions
Features of the Shari’ah
Sources of the Shari’ah
Maqāsid of Shari’ah
Misconceptions of the Shari’ah
2. Course Content
1. Introduction
2. Definition of the Shari’ah
3. Branches of the Shari’ah
4. Shari’ah and Fiqh
5. Classifications of injunctions
6. Features of the Shari’ah
7. Sources of the Shari’ah
8. Maqāsid of Shari’ah
9. Misconceptions of the Shari’ah
10. Conclusion
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4. Ibn al‐Qayyim al‐Jawziyyah states;
“Islām will always stand for justice and any path
that is taken towards justice is bound to be in
harmony with the Shari’ah and can never be
against it.”
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7. 4. Shari’ah and Fiqh
Fiqh
‐ Literal: To understand and discernment
‐ Technical: a) Knowledge of the legal rules of the Shari’ah
pertaining to conduct with their detailed evidence.
‐ b) Knowledge of the practical rules of the Shari’ah
Distinction between Shari’ah and Fiqh
‐Shari’ah is divine and fiqh is corpus juris developed by jurists
‐ Shari’ah is infallible but fiqh is fallible
‐Shari’ah in immutable but fiqh is mutable
‐ Fiqh is guided by Shari’ah
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8. 5. Classifications of Injunctions
Fardh – Obligation
‐ Fardh Ain: individual obligation e.g. Salah, Zakat and so on.
‐Fardh Kifayah: communal obligation e.g. funeral preparation, scholarship and so forth.
‐ Wajib: a status below Fardh
Sunnah
‐Emphasised and non‐emphasised
Optional
‐ Nafl and Mustahab
Mubah
Haram
Makrooh
‐Tahreemi and Tanzeehi
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11. 7. Sources of the Shari’ah
The Qur'ān
‐ Also known as Hudā (guidance), Bayān (declaration),
Nur (light), Dhikr (reminder), Habl‐Allāh (rope of Allāh),
Balāgh (conveyer of message) and Shifā (remedy).
Contains historical accounts, legal injunctions, signs for
contemplation, eschatological matters; paradise and Hell, day
of judgement and so on.
500 verses relate to Ahkam.
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12. Renowned Mufassiroon
Companions
‐ Abdullah ibn Abbas, Abdullah ibn Mas’ood, Ali ibn Abi
Talib, Ubayy ibn Ka’b, Zaid ibn Thabit, Abu Musa al‐
Ash’ari and Abdullah ibn Zubair.
Other Scholars of Tafseer
‐Mujahid ibn Jabs (d.94 A.H), Tawus ibn Kausan (d.106
A.H), Qatada as‐Sadusi (d.117 A.H), Isma’il as‐Suddi
(d.128 A.H) and as‐Zamakhshari.
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21. The three classifications of objectives;
1. Dharoorat (Absolute Essential)
‐ preservation of the five absolute essentials i.e. religion, life,
intellect, progeny and wealth.
2. Hajiyyat (Necessity)
‐ seek to remove the hardship ensuring the smoothness of the
primary essentials. This category protects and facilitates the above
five essential
3. Tahsiniyyat (Embellishment)
‐It seeks to attain refinement and purification of the primary
essentials e.g. apply fragrance, to bath, dress well, optional charity
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