Professional Documents
Culture Documents
(FOL)
PSL0012
INTRODUCTION TO SYARIAH LAW
Foundation in Law
ONLINE NOTES
Trimester 2, 2015/2016
Prepared by:
Hasbollah Bin Mat Saad
Lecturer
Faculty of Law
Multimedia University
CHAPTER 1: INTRODUCTION
Characteristics:
1.
Shariah is divine;
2.
Shariah is immutable;
3.
Shariah is the same as Islam
and it is complete code of
life.
4.
Shariah is the same as Law;
others say it is not.
5.
Shariah is enforceable [without
any distinction between prayer
or crimes].
6.
Shariah [Islam] provides clear
and unambiguous guidance for
life.
pp. 9-13
pp. 14-18
Islamic
Concept of
Law
Objectives of Shariah
(Maqasid As-Syariah)
Daruriyyah
(Necessities)
1.
2.
3.
4.
5.
Hajiyyah
(Requirements)
Protection of Faith
(Din);
Protection of Life
(Nafs);
Protection
of
Posterity;
Protection
of
Property; and
Protection
of
Religion (Aql)
Meaning:
pp. 58-63
Islamic Law:
1. Revealed law
2. Permanent and unchangeable.
3. Universal.
4. Has its own ethical norms of good
and bad, right and wrong, virtue
and vice.
5. Imposes an additional sanction for
disobedience to law.
6. It is comprehensive and based on
revelation.
pp. 18-57
Tahsiniyyah
(Beautification)
Meaning
of
Law
pp. 1-9
pp. 64-72
Islamic Law
vs
Western Law
Human Law:
1. Man made law.
2. Changeable.
3. May not necessarily represent the
interest of the people in general.
4. Sometimes,
human
law
recognizes a wrongful provision
as a right thing.
5. Variations of punishments.
TEXT BOOK:
Hasbollah, MS. (2015).
The Basic Concepts of Shariah. PHR. Malaysia.