ISB540 - CHAPTER1
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This document provides an introduction to Islamic business transactions, including: 1) It discusses lessons that can be learned from the business dealings of the Prophet Muhammad, who was a successful merchant before becoming a prophet. 2) It defines fiqh as the understanding and knowledge of Islamic laws derived from the Quran and hadith. 3) Fiqh covers different components of Islamic law including acts of worship (ibadat), customs and social practices (adat), and areas like family law and commercial transactions (muamalat).
ISB540 - CHAPTER1
- 1. ISLAMIC BUSINESS TRANSACTION CHAPTER ONE INTRODUCTION TO FIQH & SHARIAH MAHYUDDIN KHALID emkay@salam.uitm.edu.my
- 2. CONTENT Business Lesson From the Sirah of prophet SIRAH Muhammad s.a.w Fiqh FIQH Components Of Fiqh SHARIAH Comparison Between Fiqh And Muamalat Shariah SOURCES Distinction Between Shariah And Fiqh Sources Of Islamic Law COMPARISON Comparison Between Islamic Law And Man-made Law 2
- 3. BUSINESS LESSON FROM THE SIRAH OF PROPHET MUHAMMAD S.A.W Before Muhammad s.a.w became Messenger of Allah, he was SIRAH involved in business and trading – an experienced merchant with vast knowledge in trade. FIQH His first business exposure was when the prophet (s.a.w) was only 12 years old when he accompanied his uncle, Abu Talib in a trading caravan to Busra in Syam (Syria). This has actually been SHARIAH normal practice for the Quraisy tribe who are mostly professional traders. SOURCES Prophet (s.a.w) actual involvement in business when he was 25 years old when he was invited by a wealthy and noble COMPARISON businesswoman named Khadijah Khuwailid to head her trade to Syam – to transport and sell merchandise from Makkah and import Syrian-made product and resell them back in Makkah. This offer was mainly based on positive characteristic that Muhammad (s.a.w) associated with like honesty, trustwothiness and nobility – and called Al-Amin. 3
- 4. BUSINESS LESSON FROM THE SIRAH OF PROPHET MUHAMMAD S.A.W As capital provider, Khadijah would engage men in profit-sharing SIRAH partnership for her international trading operation. By having them as part of company instead as a employee will instill FIQH sense of ownership and belonging of the employees. They will take extra care of the business that they share part of profit and loss. Being the owner of business and employer, she already gained SHARIAH experience in recruiting, managing, handling and possibly terminating the services of her employees – ensure the prosperity SOURCES and longevity of her business. Khadijah recognize Muhammad (s.a.w) possessed all the attributes COMPARISON of a good employee, partner and entrepreneur and natural talent that would further consolidate and expand her business position. She presented him (s.a.w) business proposal to venture with her capital in a trade mission to Syam - and offered to pay twice to ensure his acceptance without any hesitation. Prophet (s.a.w) accept the deal since his uncle, Abu Talib was really poor at that time and need financial assistance. 4
- 5. BUSINESS LESSON FROM THE SIRAH OF PROPHET MUHAMMAD S.A.W The decision was actually turning pint of her business and personal SIRAH life. Muhammad (s.a.w) proved his mettle and quality of endurance and managed to gain huge amount of profit from the Syam venture – twice from Khadijah normally gained from other trade mission. FIQH Muhammad (s.a.w) and Khadijah eventually married and the business continued until Muhammad became Messenger of Allah SHARIAH fifteen years later. Despite being young and illiterate, Prophet Muhammad (s.a.w) was SOURCES never a naïve trader. He (s.a.w) was really and excellent and skilled trader that could certainly grasp the real world situation and face challenge of local and international trade. COMPARISON By having accumulate 15 years of trading skills and experience until he (s.a.w) was 40 years old, Prophet (s.a.w) guidance (sunnah) in Muamalat should be highly regarded by traders and businessman. Besides being divinely revealed by Allah, the guidance and rulings came from a successful corporate figures who was able to understand the secrets of both the worldly affairs as well as the matters of hereafter life 5
- 6. FIQH Fiqh ( ) literally means to understand ( ) SIRAH An example of this is found in the Qur’aan in the Dua of Prophet Musa (as) when he asked Allah to remove the FIQH impediment from his speech so Firaun and his people could understand him. SHARIAH “And loosen the knot from my tongue. That they may SOURCES understand my speech.” Chapter 20 verses 27-28. Literal COMPARISON the true understanding of what is intended Technical The knowledge of the laws of the Shariah, relating to men’s act and that have been derived from specific sources and evidences. 6
- 7. FIQH Technical SIRAH The knowledge of the laws of the Shariah, relating to men’s act and that have been derived from specific sources and evidences. FIQH Knowledge •Includes every single field of knowledge whatever its sources or origin SHARIAH Laws •Excludes all kind of knowledge that do not pertain to rules (hukum) SOURCES Shariah •Fiqh is confined to legal rules of man made laws, or rules based on rational, or those that are discoevered through experience COMPARISON Acts •Confine the definition to the knowledge of practical (amali) rules and not theritical. Excluded knowledge of rules with respect to belief and faith Derived •Confine fiqh to knowledge that are acquired and not knowledge that are revealed •Excludes evidences of Shariah that are too general and not available for Specific the purpose of practice. Excludes the acquired knowledge of the layman from the jurist Sources •Individual texts of whether the Holy Quran or Sunnah 7
- 8. FIQH Fiqh: SIRAH Product of legal reasoning (ijtihad) and deduction of the jurist and scholars from the specific sources of the Holy FIQH quran and Sunah Faqih SHARIAH Jurist; a person expert in legal sciences and know how to derive ruling and judgement based on a detail and SOURCES analysis of every single evidence in Islamic Law. COMPARISON 8
- 9. COMPONENTS OF FIQH Ibadat Adat (custom/ practice) SIRAH • Governs the relationship between • Governs the relationship of men man and god between themselves FIQH • Laws regulating ritual and religious observance Made up of obligatory and 1. Munakahat: Family law, law of SHARIAH recommended marriage and divorce, law of 1. Obligatory (Wajib) ibadat such as inheritence SOURCES Obligatory prayers 5 times a day, 2. Muamalat: Commercial law, law Zakat, Fasting in the month of of property and contract Ramadhan and pilgrimage to 3. Uqubat: Criminal law, penalties COMPARISON Makkah and procedures 2. Recommended (mubah/ sunat) 4. Siyasah Syariyyah: Constitutional ibadat such as recommended law and the administration of the prayers, donation. Charity, state recommended fasting, umrah etc 5. International Law: Law on the relationship between government and nations 9
- 10. COMPARISON BETWEEN IBADAT AND MUAMALAT IBADAT MUAMALAT • Original Rules: • Original Rules: SIRAH • Prohibition unless there is a clear evidence on • Permissibility unless there is a clear evidence its permissibility on its prohibition • Any act of worship is forbidden unless there is • Commercial transaction are formed on the FIQH evidence that validate its permissibility. principle if permissibility in accordance with Muslims can only perform devotion to Allah legal maxim of fiqh in the manner specified in the Quran and SHARIAH Sunnah • Ibadat are quite standardized and fixed with • Commercial transaction are quite flexible, very strict rules and regulations. changeable, temporary and varies according to SOURCES the time, place, custom and condition (except for certain rulings) COMPARISON • Devotional matter are made of guidance from • To declare transaction valid, Muslim only the Quran and Sunnah and not from the needs need to investigate whether a clear, self- of society explanatory prohibition exists, and if none found, the transaction maybe presume to be valid • Basic norm in Ibadat based on total • Basic norm in muamalat is based on rational, submission and devotion to Allah effective cause and benefit • The evidence of ibadat from the Quran and • The evidence of muamalat are mostly general Sunnah are mostly specific and detail in nature and quite universal in nature 10
- 11. SHARIAH Sharia ( ) comes from the word ( ) which SIRAH literally means to prescribe or ordain, law, and a straight road or path. FIQH Literal SHARIAH The road to watering place; the straight path to be followed SOURCES Technical Rules which are ordained by Allah for His servants by COMPARISON sending His Messenger Refers to Islamic laws which were revealed to the Prophet Muhammad (saw) and which are recorded in the Quran and Sunnah 11
- 12. DISTINCTION BETWEEN SHARIAH AND FIQH SHARIAH FIQH •A path leading to the source of a meaningful •A product of understanding of the sources in Sharia SIRAH life (Islam) •Humanly acquired •God-given FIQH •Embrace all human beliefs, activities and •Deals with legal rulings and acts actions •Components: •Components: SHARIAH •Aqidah •Ibadah •Akhlaq •Munakahat •Ibadah •Muamalat SOURCES •Muamalat •Uqubat •International relations COMPARISON •The body of revealed laws found both in the •A body of laws deduced from shariah to cover Quran and Sunnah specific situation not directly treated in Shariah law •Fixed, unchangeable and eternal •Certain components are fixed while some others are subject to change according to the circumstances •Most part are general •Tend to be specific and detail •Lay down basic principles •Understanding and application of Sharia, how it should be applied 12
- 13. RULINGS RELATED TO SHARIAH SIRAH Wajib •Obligatory FIQH Mandub •Voluntary SHARIAH Mubah SOURCES •Permissible COMPARISON Makruh •Dislike Haram •Forbidden 13
- 14. SOURCES OF ISLAMIC LAW SIRAH PRIMARY SOURCES • Al-Quran FIQH • Sunnah • Ijma’ SHARIAH • Qiyas SOURCES SECONDARY SOURCES • Istihsan (juristic preference of the stronger principles) COMPARISON • Istishab(Presumption of continuity) • Maslahah Mursalah (extended analogy/ consideration of public interest) • Sadd al-Zarai’ (blocking unlawful means to an unlawful end) 14
- 15. AL-QURAN The fundamental and main sources of Islamic Law SIRAH from which all other sources derive their authority It may be defined as: FIQH The book containing the speech of Allah, revealed to Prophet Muhammad in Arabic and transmitted to us by SHARIAH continuous testimony, or tawatur. SOURCES Consists of the word of Allah SWT revealed on Prophet Muhammad saw in 23 years – divine origin COMPARISON Address to all humanity, without distinction of race, region or time It seeks to guide human beings in all aspect of life 15
- 16. THE SUNNAH Sunnah SIRAH Literally: a way or rule or manner of acting Technically: What has been (authentically) related to us FIQH on behalf of the Prophet from his sayings, actions, and tacit approvals. SHARIAH Hadith Literally: communication, story, conversation SOURCES Technically: What was transmitted on the authority of the Prophet ,his deeds, sayings, and COMPARISON 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 essential of religion. The details are supplied by Prophet saw through hadith 16
- 17. IJMA’ Ijma’ – Consensus of opinion among the jurist on SIRAH certain issues and ruling Literally: FIQH Ijma is the verbal noun of the Arabic word Ajma’a which has two meanings: SHARIAH To determine To agree upon something SOURCES Technically Consensus of mujtahids (jurist) from the ummah oh COMPARISON Muhammad (saw), after his death in a determined period upon a rule of Islamic law Consensus of opinion among the jurist of a particular period on a question of law Ijma’ maybe based on Quran, hadith or analogy 17
- 18. QIYAS Qiyas – analogical deduction SIRAH Literal Measuring or estimating on thing in terms of another FIQH Technical The extension of Shar’iah ruling from an original case SHARIAH (Asl) to a new case (far’) because the new case has the same effective cause (Illah) as the original case. SOURCES Qiyas or analogy is resorted to in respect of problems about which there is no specific provision in the COMPARISON Quran or the Sunnah of the Prophet Analogical deduction of new issues on existing evidence from the Quran and Sunnah Process by which a rule of law is deduced from original text in views of common effective cause (illah) 18
- 19. COMPARISON BETWEEN ISLAMIC LAW AND OTHER MAN-MADE LAWS ISLAMIC LAW MAN-MADE LAW • Holy Quran and Sunnah Sources • Man-made legal system based on human SIRAH tradition, customs, experiences or experiments, precedent rulings and cases • Oxford Dictionary defines laws as: rule FIQH established by authority or custom, regulating behaviour of members of SHARIAH community, country etc. • Created by Allah SWT. Characteristics • Created by man • Consequently it embodies the • It embodies characteristic of its creator SOURCES attributes of its Creator both the where both creator (mankind) and its Creator and its creation (law) are creation (law) characterized by characterized by perfection, imperfection, deficiencies, flaws and COMPARISON faultless and justice. shortcomings • General principles and Characteristics • Evolving in nature and open to alteration, fundamentals remain fixed, modification and amendment preserved and not subject to • It is nearly impossible to reach perfection change and alteration. and completion • However, the branches and • The principle of man-made law may subdivision of laws formed on the change and be modified over time needs of society is flexible and 19 open to revision and adjustment
- 20. COMPARISON BETWEEN ISLAMIC LAW AND OTHER MAN-MADE LAWS ISLAMIC LAW MAN-MADE LAW • Its creation take precedence over Characteristics • Created and formed subsequent to the SIRAH the formation of the society. formation of the society. Represent man- Represent a god-created law which made law which govern the society on a governs the society but the temporary basis and to fulfill their current FIQH principles are permanent, eternal needs. unchangeable. • Applicable only to certain time, place, • Covers present, past and future conditions and society SHARIAH state of affairs • Covers past and present, but not the future • Extensive and comprehensive Scope • Specific rules governing the social, coverage of human conducts economic and political affairs of nation SOURCES • Encompasses ritual and hereafter • Devotional matter and rules of individual and also worldly activities moral behaviour are not covered Classification • Public law: Constitutional law and Criminal COMPARISON law • International law: Public international law and private international law • Private law: Law affecting rights and duties of individuals among themselves. • Firmly establish, enduring, durable Suitability • Only suitable for certain time, places, and everlasting in nature. Islamic condition and circumstances law has indestructible feature of 20 adaptability.
- 21. END OF CHAPTER SIRAH FIQH SHARIAH SOURCES COMPARISON 21