sources of shariah

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  1. 1. Sources of Islam /Shariah
  2. 2. Definition of Islam Definition of Shariah Sources of Shariah Presentation Outline
  3. 3. Islamic Economic SystemIslamic Economic System What is Islam? Islam is a religion that provides a set of rules for life and we therefore call it a 'code of life' which means a code or system that covers all aspects of life of a human being.
  4. 4. SHARIAHSHARIAH 1. Lexical meaning: Plain Way 2. Technical meaning:The Divine Law Definition
  5. 5. 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) Definition
  6. 6. 1. The Holy Quran 2. The Sunnah of the Holy Prophet (SAW) 3. Ijma (consensus of the Ummah) 4. Qiyas (Anology) Sources of Shariah
  7. 7. Express Injunctions have no room for different interpretations Implied injunctions may be interpreted in different ways by way of inference The Holy Quran
  8. 8. Interpretation of Quran 1. Beliefs 2. Jurisprudence 1. Incidents and Events 2. Examples The Holy Quran
  9. 9. Interpretation of Quran 2. Jurisprudence a. Types of Jurisprudence i. Ibadaat ii. Muaamlat iii. Ibadaat + Muaamlat b. Levels of Jurisprudence 1. Fard 2. Wajib 3. Masnoon 4. Mustahab 5. Mubah 6. Makrooh Tanzihi 7. Makrooh Tahrimi 8. Haram The Holy Quran
  10. 10. Definition: A word spoken or an act done or ratified by the Holy Prophet (peace be upon him) 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: Sunnah
  11. 11. And obey Allah and His Messenger, if you are believers (8:1) Sunnah
  12. 12. Ijma means consensus of the earliest scholars of the ummah on a particular issue The Holy Prophet (SAW) has said: My Ummah shall never be combined on an error. Ijma
  13. 13. 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. Ijtihad is the part of Qiyas (Analogy) Qiyas (Analogy)
  14. 14. Literal meanings: To exert ones utmost effort Technical Meaning: To exert utmost effort to discover a ruling of Shariah in a particular matter Ijtihad
  15. 15. When the Holy Prophet (SAW) intended to send his companion Muadh, may Allah be pleased with him, to Yaman as a ruler and as a judge, he asked him: How will you adjudicate a matter when it will come to you? He Said, I shall decide on the basis of Allahs Book (the Holy Quran) The Holy Prophet asked, if you do not find it in Allahs Book (what will you do)? He said: then, on the basis of the Sunnah of Allahs Messenger. Origin of Ijtihad
  16. 16. If you do not find it even in the Sunnah of Allahs Messenger (what will you do)? The Holy Prophet asked. He replied: I shall make ijtihad on the basis of my understanding and will not spare any effort (to reach the truth). On this the Holy Prophet (SAW) said, Praise be to Allah, who has let the messenger of the messenger of Allah to do what pleases Allahs messenger. (Abu Dawood, Hadith no3592) Origin of Ijtihad
  17. 17. MisconceptionMisconception Ijtihad can be exercised even against the explicit provisions of the Holy Quran and Sunnah. Ijtihad is to follow ones own opinion based on purely rational assessment. Ijtihad is meant only provide concessions and ease. Ijtihad may be exercised only where no explicit provision is found in the Quran or Sunnah Ijtihad is to discover the Divine rule in the light of the principles laid down by the Holy Quran and Sunnah Ijtihad is an impartial way to discover the Divine law, irrespective of it leads to a concession or to a strict ruling. Correct PositionCorrect Position Ijtihad
  18. 18. Extensive knowledge of : The Arabic language and literature The Holy Quran The back ground of the verses of the Holy Quran called Asbab-un-nuzool Critical studies of the traditions relevant to the exegesis of the Quran Sunnah Requirement of Ijtihad
  19. 19. Extensive knowledge of : Critical studies of ahadith and their authenticity Islamic jurisprudence (Fiqh) Requirement of Ijtihad
  20. 20. Jazak-a-Allah-al-Khair

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