Root Meaning of Shariah

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Presentation transcript:

Root Meaning of Shariah The etymology of the Arabic word “Shariah” comes from the word which refers to: A way that leads to water or a path to be followed. The guidance that God Almighty, Allah has provided Muslims and all humans. Regarding beliefs, worship, daily affairs, manners, ethics, and all other areas of life.

The Quran The fundamental and main sources of Islamic Law from which all other sources derive their authority. It may be defined as: The book containing the speech of Allah, revealed to Prophet Muhammad in Arabic and transmitted to us by continuous testimony, or tawatur. Consists of the word of Allah revealed on Prophet Muhammad in 23 years – divine origin. Address to all humanity, without distinction of race, region or time. It seeks to guide human beings in all aspects of life.

The Sunnah Sunnah Hadith Literally: a way or rule or manner of acting Technically: What has been (authentically) related to us on behalf of the Prophet from his sayings, actions, and tacit approvals. Hadith Literally: communication, story, conversation Technically: What was transmitted on the authority of the Prophet, his deeds, sayings, and tacit approvals, or description of his sifaat (features).” Both cover the same ground: practice, sayings and tacit approvals(taqrir) Quran generally deals with the broad principles or essentials of the religion. The details are supplied by Prophet through hadith.

Islamic Law Secular Law Holy Quran and Sunnah Secular legal system based on human tradition, customs, experiences or experiments, precedent rulings and cases. Created by Allah. It embodies the attributes of its Creator: perfection, faultlessness and justice. Created by humans. It embodies the attributes of its creator: imperfection, deficiencies, flaws and shortcomings. General principles and fundamentals remain fixed, preserved and not subject to change and alteration. Evolving in nature and open to alteration, modification and amendment. It is nearly impossible to reach perfection and completion. The principle of secular law may change and be modified over time.

RULINGS RELATED TO SHARIAH Wajib (Obligatory) Mustahabb (Recommended) Halal (Allowed) Makruh (Disliked) Haram (Forbidden)

5 Duties of a Muslim Protection of Dignity (Al-Ird) Protection of Religion (Al-Din) Protection of Life (Al-Nafs) Protection of Dignity (Al-Ird) Protection of Intellect (Al-Aql) Protection of Property (Al-Mal)

1-PROTECTION OF Al-Din (Religion) Al-din is the most important value that must be protected by the Muslims. The protection of al-din (Religion) at a personal level is achieved through the observance of; performing the 5 daily prayers, fasting, paying Zakat, and performing Hajj. Executing all these rituals will increase the faith of the person. It provides a shield to protect the person from committing sin or indulging in any action that will destroy their holiness.

2-PROTECTION OF AL-NAFS (Life) Protecting everyone's life is obligatory to each and every individual and societies. In the capital punishment for murder, even though one’s life is lost because of the crime, it leads to saving many more lives as the punishment will deter others from committing such heinous crime. “ and there is (a saving of) life for you in al-qisas (the law of equality in punishment), O men of understanding, that you may become al-muttaqin (the pious)” ( al-Baqarah:179)

3-PROTECTION OF DIGNITY (AL-IRD) Islam is very concerned about dignity of a person and emphasizes the importance of protecting dignity. It ensures that the relationship between man and woman are done in respectful and responsible manner. Islam has regulated the relationship by encouraging its followers to enter into marriage contract. The Prophet is reported to have said in a hadith: “O Young people! Those of you who have the means to get married, they should get married. It is better to protect your sight and your carnal desire. As for those who are unable to do so, they should fast as it provides protection for you”

4-PROTECTION OF THE INTELLECT OR MIND (AL-AQL) Al-Aql is a great gift from Allah to humanity. This is one of the human characteristics that differentiates humanity from animals. Allah has ordered that everyone should protect this precious gift from Allah by utilizing it for the benefit of all and not for something that might lead to destruction. Protection of the mind requires safeguarding it from anything that might harm the ability and function of brain e.g the consumption of liquor or any similar substance that will disturb the function of brain.

5-PROTECTION OF PROPERTY (AL-MAL) Acquiring property is one of the necessities of humanity. Everyone likes to own property and would like to have all the necessary protection for his property. Islam has ordered that no one should acquire the property of others without legitimate reasons and without proper contract. Al-Quran emphasizes this point when it say : “and eat up not one another’s property unjustly, nor give bribery to the rulers that you may knowingly eat up a part of the property of others sinfully.” (al-Baqarah:188) God has placed laws to regulate the commerce and transactions between people, in order to ensure fair dealing, economic justice and to prevent oppression and dispute.

CONCLUSION Shariah is based on wisdom and achieving people's welfare in this life and the afterlife. Shariah is all about justice, mercy, wisdom, and good. Ibn al- Qayyim a Muslim scholar says; “Any ruling that replaces justice with injustice, mercy with its opposite, common good with mischief, or wisdom with nonsense, is a ruling that does not belong to the Shariah, even if it is claimed to be so according to some interpretations.”