2 - sources of shariah

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Sources of Islamic Shari’ah

Principles of Islamic Economics

Hassan kamran

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Shari’ah

1. Lexical meaning: Plain Way2. Technical meaning: The Divine Law

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• Then We have put you (O prophet) on a

plain way of (our) commandment. So

follow it and do not follow the desires of

those who do not know. (45:18)

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What is Shari’ah

• Calling Shari’ah a 'law' can be misleading, as Shari’ah extends beyond law.

• Shari’ah is the totality of religious, political, social, domestic and private life.

• Shari’ah is primarily meant for all Muslims, but applies to a certain extent also for people living inside a Muslim society.

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What is Shari’ah

The regulations of the Shari‘ah can be divided into two groups:

• Regulations on worship and ritual duties

• Regulations on juridical and political nature

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Islamic Matrix

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Sources Of Shari’ah

• All the Shariah Rulings regarding every aspect in human life are derived and understood from the four sources.

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Sources Of Shari’ah

Primary Sources

• The Holy Qur’an

• The Sunnah of the Holy Prophet (SAW)

Derived Sources

• Ijma’ (consensus of the Ummah)

• Qiyas (Anology)

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1) The Holy Qur’an

• The book of Allah (SWT): Revealed on the last prophet,

written in the form of book and is being conveyed with out

any break.

• Gives main beliefs, principles and wide-ranging directives

of Allah, Allah (SWT) said:

"Verily, this Qur'an guides to that which is best, and gives

glad tidings to the believers who do good that theirs will be

a great reward." (17: 9)

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1) The Holy Qur’an

• Express Injunctions ( Nusoos) have

no room for interpretation or Ijtihad.

• Implied injunctions (Mujmalat) may

be interpreted in different ways by

way of Ijma or Ijtihad.

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2) Sunnah

• Definition:

A word spoken or an act done or ratified by the

Holy Prophet (peace be upon him), by Sahabah

and a word spoken or act done byTaabae’een.

It is a source of law because the Holy Quran itself

has made it obligatory for every believer that he

obeys and follows the Holy Prophet:

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2) Sunnah

And obey Allah and His Messenger, if you are believers (8:1)

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2) Sunnah

So, believe in Allah and His Messenger, the unlettered prophet who believes in Allah

and His words, and follow him, so that you may be on the right path.

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2) Sunnah

• Sunnah includes Sayings, Practices, No-objection (Silent Approvals) of Prophet and practices of four Caliphs and other companions of holy Prophet (SAW).

• Ahadith have rather specific meanings, it mean Sayings of Prophet (SAW). Ahadith act for Quranic teachings and directives as interpreter and explainer.

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3) Ijma’• Ijma’ means Ijma’ means Scholarly consensus

• Scholarly consensus is defined as being the agreement of all Muslim scholars on a specific issue. Given the condition that all such scholars have to agree to the ruling, its scope is limited to matters that are clear according to the Qur'an and Prophetic example, upon which such consensus must necessarily be based.

• The Holy Prophet (SAW) has said:

My Ummah shall never be combined on an error.

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4) Qiyas (Analogy)

• Qiyas, is reasoning by analogy.

• To apply a recognized rule of Shariah expressly mentioned in

the Holy Quran and Sunnah to a similar thing or situation by way

of analogy.

• Legal analogy is a powerful tool to derive rulings for new

matters. For example, drugs have been deemed impermissible,

through legal analogy from the prohibition of alcohol that is

established in the Qur'an. Such a ruling is based on the common

underlying effective cause of intoxication.

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School of Thoughts

Our four school of thoughts• Hanafi• Shafai• Malki• HanbaliAll these are based on these sources

Shariah and are true.

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Concept of Impermissibility in Shari'ah

Divine prohibitions

Islam has prohibited some activities for human as it considers it dangerous and injurious for human society;

A specific list of these activities has been derived through primary and derived sources of Shari'ah;

No individual is allowed to modify the list except in special circumstances;

Examples of these include Pork, Interest, Gambling, immorality etc.

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Concept of Impermissibility in Shari'ah

Government Restrictions

Islam allows Govt. to intervene where it feels appropriate, but these restrictions are temporary as per the need of time.

Central Bank's regulations are another example.

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Principles of Islamic EconomicsPrinciples of Islamic Economics

Moral Prohibitions

Islam has a great emphasis on Life Hereafter. Life in this world is temporary and there is an eternal life afterwards.

One has to make this worldly life a way to get the maximum benefit in the life hereafter.

There are certain activities which are neither banned from the Government nor they are declared impressible from any source of Shari'ah, however, moral values may not allow them.

Similarly there are certain activities which are more rewarding than others in life hereafter.

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Conventional Economics & Its Problems

To utilize the limited resources in a way that maximum needs and wants are met to ensure the well being of all members of the human society

The Four basic Economic Problems1. Determination of Priorities2. Allocation of Resources (Land, Labor, Capital,

Entrepreneur)3. Distribution of Income4. Development

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Islamic Economic Model

Islamic Economic Model is based on two underlying principles:

1. Importance of economic goals;2. Real nature of wealth and property

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Importance Of Economic Goals

1. Economic activities of man are lawful, meritorious and at times obligatory and necessary.

2. Prophet (SAW) once said: “... and that you leave your heirs well off (or he said: prosperous) is better than to leave them (poor and) begging from people...” (Bukhari, Book 013, Number 3997)

3. However economic activity is not the basic problem and therefore economic progress is not the be-all and end-all of human existence

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According to Materialistic Economists:Livelihood is the fundamental problem of man and economic development is the ultimate goal of human life.

According to Islam: Livelihood may be necessary and indispensable but cannot

be the true purpose of human life; Wealth in all its possible forms is created by Allah Therefore wealth is the property of Allah The right of property which accrues to man is delegated to

him by Allah

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Islam has a different viewpoint about the four Basic Economic Problems

Determination of PrioritiesAakhrat is the top priority

Allocation of Resources (Land, Labor, Capital, Entrepreneur)No remuneration to Capital

Distribution of IncomeDifferent ways (Zakat, Sadaqaat, etc. etc.)

DevelopmentOnly through Halal (permissible) ways and for Halal purposes

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Basic Concepts and Philosophy of Islamic BankingBasic Concepts and Philosophy of Islamic Banking

Economic philosophy of Islamic Economic System is based following principles:

• Encouragement of Trade and Business

• Elimination of Riba

• Elimination of Interest

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Islam suggest a good mechanism of Distribution of Wealth

The purpose is:1. Establishment of a practicable Economic system

Islam accepts the following thing within a certain limits

Laws of demand and supply Motive of personal profit Market forces (In fact Islam gave the concept of

Market Forces 1300 years before Keynes presented the modern model of Economics in 1927).

Natural relation of employer and employee

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2. Enabling every one to get what is rightfully due to him Elementary level of deserving wealth: Factors of

production

Secondary level of deserving wealth: Poor

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3. Eradicating the Concentration of Wealth Prohibition of:

Hoarding, Interest Gambling Speculation Uqood-e-Fasidah, and Gharar

Encouragement of Sadaqah, Laws of Inheritance, Mehar etc.

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2 - sources of shariah

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