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Chapter 2: The Sources of Islamic Law and Jurisprudence Methods

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Discussed about the sources of Islamic law such as primary source (Quran, Sunnah, Ijmak & Qiyas) and secondary source (istishab, uruf, istihsan, & marsalih mursalah). also discuss of fiqh methods.

Publicada em: Negócios, Espiritual, Tecnologia
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Chapter 2: The Sources of Islamic Law and Jurisprudence Methods

  1. 1. Chapter 2: The Sources of Islamic Law and Jurisprudence Methods By: Mohd Adib Abd Muin Islamic Business School (IBS), UUM 2013 BPMS1013 Theory & Practice of Islamic Business 1
  2. 2. Sources of Islamic law and jurisprudence methods Table of Content Introduction Sources of Islamic Law Evidance of qat’ei Evidence of Zanni Masqasid Al-shari`ah Fiqh Rules Conclusion Refrence BPMS1013 Theory & Practice of Islamic Business 2
  3. 3. Introduction  Islam is a religion that teaches its followers have high moral standards means that ultimately brings happiness in this world and the hereafter  to provide guidance for all human action or practice is in accordance with the will of God, then the scholars have agreed that there are four main sources of Islamic law that is al-Qur'an, hadis, ijmak, and qiyas. BPMS1013 Theory & Practice of Islamic Business 3
  4. 4. Sources of islamic law a. Main source of Islamic Law (Evidence of Qat'ei) b. Additional Resources or Legal Side of Islam (Evidance of Zanni) BPMS1013 Theory & Practice of Islamic Business 4
  5. 5. Evidance of qat’ei 1. Al-qur’an BPMS1013 Theory & Practice of Islamic Business 5 knowledge Islamic law manners rules Supernatural news news that has happened, now, and future the importance of al-Qur'an “Alif, Laam, Mim, thus al-Qur'an that there is no doubt about it, it is a guide to those who believe. "(Surah Al-Baqarah 2:1)
  6. 6. 2. Hadis BPMS1013 Theory & Practice of Islamic Business 6 hadis in words in the nature In behavior In act in the journey of life Legality of the Qur'an, as the word of God that says: "And any other instructions that are carried by the Messenger assigns to you will take it and apply it, and whatever he forbids you, abstain prohibitions.“ (Surah Al- HASYR 59:7)
  7. 7. 3. Ijmak mujtahid scholars deal Rule of ijmak : BPMS1013 Theory & Practice of Islamic Business 7 all mujtahid scholars agree on Islamic law on the problems associated the existence of a number of scholars at the time of mujtahid a problem or matter all scholars agree on the law involved mujtahid scholars agree mujtahid scholars mengeuarkan their views firmly, whether in the form of word or deed, either alone or in groups
  8. 8. 4. Qiyas Comparison between : BPMS1013 Theory & Practice of Islamic Business 8 the new problem The exist problem
  9. 9. 4 pillars of qiyas: BPMS1013 Theory & Practice of Islamic Business 9 origin of the problems listed above player medals ruling in the Qur'an, Hadith or consensus as sickle liquor ordinance in the Holy Qur'an. original ruling of Islamic law in the problems explained in one of the sources of law such as illegal alcohol branch or furu 'of the problems described in one of the sources of law in the Qur'an, the Hadith, and consensus. illah or illat, the nature of the form reasonable cause birth original law just like the law furu 'or new
  10. 10. Evidence of Zanni BPMS1013 Theory & Practice of Islamic Business 10 Uruf Masalih al- MursalahIstihsan Istishab
  11. 11. MASQASID AL-SHARI`AH  The goal or purpose of the law of God be secret.  The importance of knowing Masqasid al-Shari'ah is to understand the Islamic texts and applied to the new problems arise mainly mujtahid   There Masqasid al-Shariah in relation with human have five things :  1. Hifzud din = preserve religion  2. Hifzun nafs = preserve soul / life  3. Hifzul `aql = preserve common sense  4. Hifzun consanguinity = preserve offspring  5. Hifzul mal = preserve propety BPMS1013 Theory & Practice of Islamic Business 11
  12. 12. Fiqh Rules 1. Each item assessed based on intention 2. Confidence Not Lost In Doubt 3. Difficulty Bringing Facilities 4. Become customary law 5. hazards must be eliminated BPMS1013 Theory & Practice of Islamic Business 12
  13. 13. Conclusion  Sources of Islamic law is divided into 3 parts : Evidance of qat’ei Evidence of Zanni Fiqh Rules BPMS1013 Theory & Practice of Islamic Business 13
  14. 14. Refrence • Al-Quran • Al-Bakri, Z. (2011), “Kewangan Islam Dalam Fiqh Syafi’I”, IBFIM, Kuala Lumpur  Syed Mohd Ghazali Wafa Syed Adwam Wafa, Muhammad Nasri Hj. Md. Hussain & Mohd. Hizam Hanafiah. (2003). Pengantar Perniagaan Islam. Kuala Lumpur: Prentice Hall (M) Sdn. Bhd BPMS1013 Theory & Practice of Islamic Business 14
  15. 15. Thank You Syukran Jazilan…. BPMS1013 Theory & Practice of Islamic Business 15

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