WEEK 4

DIVISIONS OF
DIVISIONS OF

FIQH
FIQH
 Fiqh al-'Ibadah
Outline of Fiqh al-Mu'amalat:
- Fiqh al-Munakahat
the - Fiqh al-Jinayah
Presentation - Fiqh al-Siyar
- Fiqh al-Miirath
Fiqh concerns the relationship between man
and fellow human beings and other creations
of Allah

Many people misunderstood by saying that

Islamic law only provides rulings related to
'ibadah

However, Islamic law covers a wider range of

matters and is not restricted to the ritual
aspects of Islam only
 FIQH

FIQH FIQH
AL-'IBADAH AL-MU'AMALAH
 FIQH AL-'IBADAH
It covers the rulings that govern the relationship between
man and Allah
It can be further divided into 4 sections:

Rulings related to prayer Rulings related to fasting

Rulings related to
Rulings related to hajj
almsgiving
RULINGS RELATED TO PRAYER

It covers the entire rulings related to prayers from the

performance of ablution up to the prerequisite of prayers
and the action that can invalidate prayers
Eg of Quranic verse related to prayers:

َ‫ٱﻟﺼ َﻠ ٰﻮ َة َو َء اﺗُ ﻮاْ ٱﻟ ﱠﺰ ﻛَ ٰﻮ َة َو ٱ ۡر ﻛَ ﻌُ ﻮاْ َﻣ ﻊَ ٱﻟ ٰ ﱠﺮ ِﻛ ﻌِ ﻴﻦ‬ ْ

‫ﻴﻤ ﻮا ﱠ‬ َ
ُ ‫َو أ ِﻗ‬
Al-Baqarah: 43

Meaning: And establish prayer and give zakah and

bow with those who bow [in worship and obedience]

 RULINGS RELATED TO FASTING

It covers all rulings related to the obligation of fasting in the month

of Ramadhan and other kinds of optional fasting
It includes the time of fasting and the restrictions of fasting and
other related rulings
Eg of Quranic verse related to fasting:

ُ ‫ﱠ‬ َ ُ َ ‫ﱠ‬ َ ُ َ ُ َ ُ ْ ‫ﱠ‬ َ ٓ ٰ

َ ‫ِﺐ َﻋ ﲆ ٱﻟ ِﺬ‬
‫ﻳﻦ ﻣِ ﻦ ﻗ ۡﺒ ِﻠ ﻜ ۡﻢ ﻟ ﻌَ ﻠ ﻜ ۡﻢ‬ َ ‫ٱﻟﺼ َﻴ ﺎ ُم ﻛ َﻤ ﺎ ﻛ ﺘ‬
‫ﱢ‬ َ ‫اﻣ ُﻨ ﻮا ﻛ ﺘ‬
‫ِﺐ َﻋ ﻠ ۡﻴ ﻜ ُﻢ‬ َ ‫ي َ أ ﻳ َﱡﻬ ﺎ ٱﻟ ِﺬ‬
َ ‫ﻳﻦ َء‬
َ ‫َﺗ ﱠﺘ ُﻘ‬
‫ﻮن‬
Al-Baqarah: 183

Meaning:O you who have believed, decreed upon you is fasting

as it was decreed upon those before you that you may become

righteous
 RULINGS RELATED TO ALMSGIVING

It covers the obligatory almsgiving which is compulsory to every

individual called zakat al-fitr and the zakat related to other kinds of
properties or income of which zakat is due on the items
In addition, it also includes the rulings related to optional almsgiving
Eg of Quranic verse related to almsgiving:

َ‫ﻤ ﻨ ﻜ ِﺮ‬ ۡ
ُ ‫ﻦ ٱﻟ‬ َ
‫ﻋ‬ َ
‫ن‬ ‫ﻮ‬ ‫ﻬ‬َ ۡ
‫ﻨ‬ َ
‫ﻳ‬ ‫و‬ ‫وف‬
ِ ‫ﺮ‬ ۡ‫ﻌ‬ ‫ﻤ‬
َ ۡ
‫ﭑﻟ‬ ‫ﺑ‬ َ
‫ون‬ ‫ﺮ‬ ‫ﻣ‬ُ ۡ ‫َﺄ‬
‫ﻳ‬ ‫ﺾ‬ ٖ ۚ ۡ‫َﻌ‬ ‫ﺑ‬ ُ
‫ء‬ ‫ﺂ‬ ‫ﻴ‬ ِ ‫ﻟ‬ ‫و‬ َ ‫أ‬ ‫ﻢ‬
ۡ ُ
‫ﻬ‬ ‫ﻀ‬ُ ۡ‫َﻌ‬ ‫ﺑ‬ ُ
‫ﺖ‬ َ
‫ﻨ‬ ٰ ِ‫ﻤ ۡﺆ ﻣ‬
ُ ۡ ‫ﻮن َو‬
‫ٱﻟ‬ َ ُ
‫ﻨ‬ ِ‫ﻣ‬ ۡ
‫ﺆ‬ ‫ﻤ‬
ُ ۡ ‫و‬
‫َٱﻟ‬
ِ ۡ َ ُ ٓ ِ ُ َ ۡ
َ‫ن ٱﻟﻠﱠ ﻪ‬ ۗ ‫ﱠ‬ َ ٰ ُ َ ‫ﺳ‬ َ ُ‫ﻮن ٱﻟ ﱠﺰ ﻛَ ٰﻮ َة َو ﻳُﻄِ ﻴﻌ‬ َ ُ‫ٱﻟﺼ َﻠ ٰﻮ َة َو ﻳ ُۡﺆ ﺗ‬
ُ
‫ﻤ ُﻬ ُﻢ ٱﻟﻠ ﻪ ِإ ﱠ‬ ‫ﺣ‬ ‫ﺮ‬
ُ َ ۡ َ َ ‫ﻴ‬ ‫ﺳ‬ َ
‫ِﻚ‬ ‫ﺌ‬ ‫ﻟ‬ ْ ‫ﻮﻟ ُﻪ ۚۥٓ أ‬
‫و‬ ُ ‫ﻮن ٱﻟﻠﱠ َﻪ َو َر‬ ‫ﻮن ﱠ‬ َ ‫ﻴﻤ‬ ُ ‫َو ﻳ ُِﻘ‬
‫ﻴﻢ‬ َ ‫َﻋ ِﺰ ﻳ ٌﺰ‬
ٞ ‫ﺣ ِﻜ‬
Al-Baqarah: 197

Meaning: The believing men and believing women are allies of one

another. They enjoin what is right and forbid what is wrong and

establish prayer and give zakah and obey Allah and His Messenger.

Those - Allah will have mercy upon them. Indeed, Allah is Exalted in

Might and Wise

 RULINGS RELATED TO HAJJ

It covers all rulings related to the performance of hajj such as the

condition, prerequisite and the different types of hajj, the pillars of
hajj, and other related rulings
Eg of Quranic verse related to hajj:
ۗ ۡ
‫ﺪ الَ ِﻓ ﻲ ٱﻟ ﺤ ﱢ‬ َ َ
َ ‫ﺴ ﻮق َو ﻻ ِﺟ‬ ُ َ َ َ َ َ ۡ
‫ﻴﻬ ﻦ ٱﻟ ﺤ ﱠ‬ ‫ﱠ‬ َ َ َ ۚ ٞ ٰ ُ ۡ َ ‫ﱡ‬ ۡ
‫َﺞ َو َﻣ ﺎ‬ ُ ‫َﺞ ﻓ ﻼ َر ﻓ ﺚ َو ﻻ ﻓ‬ ِ ‫ﻓ‬
ِ ‫ض‬ ‫ﺮ‬
َ ‫ﻓ‬ ‫ﻦ‬ ‫ﻤ‬َ ‫ﻓ‬ ‫ﺖ‬ ‫ﻮﻣ‬
َ ‫ﻠ‬ ۡ‫ﻌ‬ ‫ﻣ‬‫ﱠ‬ ‫ﺮ‬ٞ ُ
‫ﻬ‬ ‫ﺷ‬ ‫أ‬ ‫َﺞ‬‫ﺤ‬ ‫ٱﻟ‬
ٰ ۡ َ ۡ ُ ٰٓ ُ ‫ﱠ‬ ۖ ۡ ‫ﱠ‬ ‫ﱠ‬ َ ‫ﱠ‬ َ ْ ُ َ َ ۗ ُ ‫ﺧ ۡﻴ ٖﺮ ﻳَﻌۡ َﻠ ۡﻤ ُﻪ ٱﻟﻠﱠ‬ َ ۡ ْ‫َﺗ ۡﻔ ﻌَ ﻠُ ﻮا‬
‫ﺐ‬ِ ‫ﺒ‬ َ ‫ﻟ‬ ‫ٱﻷ‬ ‫ِﻲ‬ ‫ﻟ‬ ‫و‬
ْ ‫ﺄ‬ َ
‫ﻳ‬ ‫ﻮن‬
ِ ‫ﻘ‬ ‫ٱﺗ‬ ‫و‬
َ ‫ى‬ ٰ ‫ﻮ‬
َ ‫ﻘ‬ ‫ﺘ‬ ‫ٱﻟ‬ ِ‫اد‬ ‫ﺰ‬ ‫ٱﻟ‬ ‫ﺮ‬
َ ‫ﻴ‬
ۡ ‫ﺧ‬ ‫ن‬ ‫ﺈ‬
ِ ‫ﻓ‬ ‫وا‬ ‫د‬ ‫و‬
‫ﱠ‬ ‫ﺰ‬ ‫ﺗ‬ ‫و‬
َ ‫ﻪ‬ ‫ﻦ‬ ِ‫ﻣ‬

Al-Baqarah: 197

Meaning: Hajj is [during] well-known months, so whoever has made Hajj

obligatory upon himself therein [by entering the state of ihram], there is

[to be for him] no sexual relations and no disobedience and no disputing

during Hajj. And whatever good you do - Allah knows it. And take

provisions, but indeed, the best provision is fear of Allah. And fear Me,

O you of understanding
FIQH AL-MU'AMALAH
It covers the rulings that govern the relationship between
man and man; and man and other creatures of Allah
In fact, this category covers most topics of Fiqh - as it
concerns about the rulings and principals that govern the
action and all matters related to all human beings
It concerns about the rules and regulations involving man
and how they should respect the rights of each other
It also provides the suitable penalty for those who trangress
their limits and go against the rules and regulations revealed
onto them
 Fiqh al-Munakahat

Categories Fiqh al-Jinayah

of Fiqh
Fiqh al-Daulah
al-
Fiqh al-Siyar
Mu'amalah
Fiqh al-Miirath
 FIQH AL-
MUNAKAHAT

The rulings related to marriage and divorce

Munakahat (root word – nikah)

Literal meaning – binding, get together

Technical meaning – physical & mental bond between man and woman
to live together in a household, through an aqad conducted according
to Islamic law
 Examples:

ًۚ ٗ ُ َ ْ ُ ‫ﱢ‬ َ ُ ُ َ ُ َ َ َ
‫ﺣ َﻤ ﺔ‬ ‫ر‬ ‫و‬
ۡ َ َ ‫ة‬ ‫د‬
‫ﱠ‬ ‫ﻮ‬ ‫ﻣ‬
َ ‫ﱠ‬ ‫ﻢ‬ ‫ﻜ‬ َ
‫ﻨ‬ ‫ﻴ‬
َۡ ‫ﺑ‬ َ‫ﻞ‬ ‫ﻌ‬ ‫ﺟ‬ ‫و‬ ‫ﺎ‬ ‫ﻬ‬ ‫ﻴ‬
َ َ َ َ ۡ ِ ٓ ‫ﻟ‬ ‫إ‬ ‫ا‬ ‫ﻮ‬ ُ
‫ﻨ‬ ‫ﻜ‬ ‫ﺴ‬
ۡ َ
‫ﺘ‬ ‫ﻟ‬ ‫ﺎ‬ ‫ﺟ‬ ‫و‬
ٗ َ ٰ ۡ
‫ز‬ ‫أ‬ ‫ﻢ‬
ۡ ‫ﻜ‬ ‫ﺴ‬
ِ ‫ﻔ‬ ‫ﻧ‬ ‫أ‬ ۡ
‫ﻦ‬ ‫ﻣ‬ ‫ﱢ‬ ‫ﻢ‬ ‫ﻜ‬ ‫ﻟ‬ ‫ﻖ‬ َ ‫ﻠ‬ َ
‫ﺧ‬ ۡ
‫ن‬ ‫ﻦ َء ا ٰﻳَ ِﺘ ﻪِ ۦ ٓ أ‬ۡ ِ‫َو ﻣ‬
َ ُ‫ﺖ ﻟ ﱢ َﻘ ۡﻮ مٖ ﻳَ َﺘ َﻔ ﻜﱠ ﺮ‬
‫ون‬ ٖ َ ٰ
‫ﻳ‬ ٓ ‫ﻷ‬ َ َ
‫ِﻚ‬ ‫ﻟ‬ َ
‫ذ‬ ٰ ‫ن ِﻓ ﻲ‬ ‫ِإ ﱠ‬
Surah ar-Rum: 21

Meaning: And of His signs is that He created for you from

yourselves mates that you may find tranquillity in them; and He
placed between you affection and mercy. Indeed in that are
signs for a people who give thought

- Hadith of the Prophet: “ O youth, whoever of you have been able

to get married, then get married. Because the marriage can subdue
your eyes and maintain your lust. And whoever cannot, then fast, as
fasting can debilate lust” (recorded by Bukhari and Muslim)
 Purpose of Nikah

Implementing the command of Allah, regarded as ibadah

Upholding the Maqasid al Syariah – protection of lineage / nasab

Developing the sense of love and affection, happiness and peace of

mind
 Hukum of Nikah

Originally permissible (harus)

But as far as CONDITIONS are concerned, it can be divided further to:

- Wajib (mandatory)
- Sunnah (recommended)
- Makruh (undesirable)
- Haram (prohibited)
 Requirements of Nikah

Husband

Wife

Witnesses

Wali

Aqad (Ijab and Qabul)

 Categories of Women Prohibited to Marry

‫ﺖ‬ ۡ ُ ۡ ُ َ َ ۡ ُ َ ُ ُ َ ٰ َ ٰ ُ ُ ٰ
ِ ‫ﺖ َﻋ ﻠَ ۡﻴ ﻜُ ۡﻢ أ ﱠﻣ َﻬ ﺘ ﻜ ۡﻢ َو ﺑ َ ﻨ ﺎ ﺗ ﻜ ۡﻢ َو أ ﺧ َﻮ ﺗ ﻜ ۡﻢ َو َﻋ ﱠﻤ ﺘ ﻜ ۡﻢ َو ﺧ ﻠ ﺘ ﻜ ۡﻢ َو ﺑ َ ﻨ ﺎت ٱﻷ ِخ َو ﺑ َ ﻨ ﺎت ٱﻷ ﺧ‬
ُ ُ ٰ َ َ ُ ُ َ ُ ُ ٰ ُ ۡ ‫ﺣُ ﺮﱢ َﻣ‬
ٰ‫ﱠ‬ ٓ ُ ٰ َ َ ‫ﱠ‬ ٰ ُ
‫ِﺴ ﺂ ﺋ ِ ﻜُ ۡﻢ َو َر ٰﺑ َ ِﺌ ُﺒ ﻜُ ُﻢ ٱﻟ ِﺘ ﻲ ِﻓ ﻲ‬ َ ‫ﻧ‬ ‫ﺖ‬ ُ ‫ﻬ‬ ٰ
َ ‫َ َ ﱠ‬‫ﻣ‬ ‫أ‬ ‫و‬ ِ‫ﺔ‬ ‫ﻌ‬ ‫ﺿ‬ َ ‫ﱠ‬ ‫ﺮ‬ ‫ٱﻟ‬ ‫ﻦ‬َ ‫ﻣ‬ ‫ﱢ‬ ‫ﻢ‬ ُ ‫ﻜ‬ ُ ‫ﺗ‬ ‫ﻮ‬
َ ٰ ‫ﺧ‬َ ‫أ‬ ‫و‬
َ ۡ ‫ﻢ‬ ُ ‫ﻜ‬ َ
‫ﻨ‬ ‫ﻌ‬
ۡ ‫ﺿ‬َ ‫ر‬
ۡ ٓ ‫أ‬ ‫ﻲ‬ ‫ﺘ‬
ِ ‫ٱﻟ‬ ‫ﻢ‬ ُ ُ ‫ﻜ‬ ُ
‫ﺘ‬ ‫ﻬ‬ ٰ
َ ‫َو أ ﱠ‬
‫ﻣ‬
ٰ
‫ﺎح َﻋ ﻠَ ۡﻴ ﻜُ ۡﻢ‬ َ ‫ﻦ َﻓ َﻼ ﺟُ َﻨ‬ ‫ﺧ ﻠۡ ُﺘ ﻢ ﺑ ِ ِﻬ ﱠ‬
َ ‫ﻦ َﻓ ِﺈ ن ﻟ ﱠ ۡﻢ ﺗَ ﻜُ ﻮ ﻧ ُ ﻮاْ َد‬ ‫ﺧ ﻠۡ ُﺘ ﻢ ﺑ ِ ِﻬ ﱠ‬ َ ‫ﺴ ﺂ ﺋ ِ ﻜُ ُﻢ ٱﻟ ﱠ ِﺘ ﻲ َد‬ َ ‫ﺣُ ٓﺠُ ﻮرِ ُﻛ ﻢ ﱢﻣ ﻦ ﻧ ﱢ‬
َ‫ن ٱﻟﻠﱠ ﻪ‬ ‫ﺳ ﻠَ َۗﻒ ِإ ﱠ‬ َ ‫ﱠ‬ َ ۡ ُ ۡ َ ْ َ َ ُ َ ٰ َ ۡ َ ‫ﱠ‬ ُ َ َ َ ٰ
َ ‫ﻦ ِإ ﻻ َﻣ ﺎ ﻗ ۡﺪ‬ ِ ‫ﺠ َﻤ ُﻌ ﻮا ﺑ َ ۡﻴ ﻦ ٱﻷ ﺧ ﺘ ۡﻴ‬ ۡ ‫ﺣ ﻠ ِﺌ ﻞُ أ ﺑۡ ﻨ ﺂ ﺋ ِ ﻜ ُﻢ ٱﻟ ِﺬ ﻳﻦ ﻣِ ﻦ أ ۡﺻ ﻠ ِﺒ ﻜ ۡﻢ َو أ ن ﺗ‬ َ ‫َو‬
ٗ ِ‫ﺎن َﻏ ُﻔ ﻮ ٗر ا ﱠر ﺣ‬
‫ﻴﻤ ﺎ‬ َ ‫َﻛ‬
An-Nisa': 23
Meaning: Prohibited to you [for marriage] are your mothers, your daughters, your sisters,
your father's sisters, your mother's sisters, your brother's daughters, your sister's
daughters, your [milk] mothers who nursed you, your sisters through nursing, your wives'
mothers, and your step-daughters under your guardianship [born] of your wives unto
whom you have gone in. But if you have not gone in unto them, there is no sin upon you.
And [also prohibited are] the wives of your sons who are from your [own] loins, and that
you take [in marriage] two sisters simultaneously, except for what has already occurred.
Indeed, Allah is ever Forgiving and Merciful
 Categories of Women Prohibited to Marry

Categories of women prohibited to marry based on the verse:

- Due to blood relationship

- Due to milking (breast feeding)
- Due to marriage
- In situation of polygamous marriage

Prohibition to marry the wife of the father

‫ﺳ ﺂ َء‬ ‫و‬ ‫ﺎ‬ ٗ

‫ﺘ‬ ۡ
‫ﻘ‬ ‫ﻣ‬ ‫و‬ ٗ
‫ﺔ‬ ‫ﺸ‬َ ِ‫ﺤ‬ َ
‫ﻓ‬ ٰ ‫ﺎن‬
َ َ
‫ﻛ‬ ‫ۥ‬ ُ
‫ﻪ‬ ‫ﱠ‬ ‫ﻧ‬ ‫إ‬ ‫ﻒ‬ۚ َ َ ‫ﻠ‬ ‫ﺳ‬ ‫ﺪ‬
ۡ َ
‫ﻗ‬ ‫ﺎ‬ ‫ﻣ‬ ‫ﻻ‬‫ﱠ‬ ‫إ‬ ‫ء‬
ِ ‫ﺂ‬ ‫ﺴ‬ ‫ﱢ‬ ‫ﻨ‬ ‫ٱﻟ‬ َ
‫ﻦ‬ ‫ﻣ‬ ‫ﻢ‬ ُ
‫ﻛ‬ ُ
‫ؤ‬ ‫ﺂ‬ َ ‫ﺑ‬ ‫ا‬ ‫ء‬
َ ‫ﺢ‬
َ َ
‫ﻜ‬ َ ‫ﻧ‬ ‫ﺎ‬ ‫ﻣ‬ ْ ‫ﻮا‬ ‫ﺤ‬ ‫ﻜ‬
ِ ‫ﻨ‬ َ ‫ﺗ‬ َ
‫ﻻ‬ ‫َو‬
َ َ َ َ ِ َ َ ِ َ ‫ﱢ‬ َ ُ
ً ‫ﺳ ِﺒ‬
‫ﻴﻼ‬ َ
An-Nisa: 22

Meaning: And do not marry those [women] whom your fathers married, except what has
already occurred. Indeed, it was an immorality and hateful [to Allah] and was evil as a
way
 Divorce

Legal separation (Talak)

The loss of the bonds of marriage with divorce pronunciation

Al-Baqarah:229

Hadith “The lawful act but is hated most by Allah swt is divorce”
(recorded by Abu Daud)
 Divorce

Al-Baqarah:229

ْ ُ ُ ۡ َ َ ُ َ
‫ﺴ ٖﻦ َو ﻻ ﻳَ ﺤِ ﻞﱡ ﻟ ﻜ ۡﻢ أ ن ﺗ ﺄ ﺧ ﺬ وا ﻣِ ﱠﻤ ﺂ‬ َ ۗ ٰ ۢ َ َ ُ ۢ َ ۖ َ ُ َ ٰ
َ ‫ﺣ‬ ۡ ‫ﻳﺢ ﺑ ِ ِﺈ‬ُ ِ‫ﺴ ﺮ‬ ۡ ‫وف أ ۡو ﺗ‬ ٍ ُ‫ﺴ ﺎك ﺑ ِ َﻤ ۡﻌ ﺮ‬ َ ‫ﺎن ﻓ ِﺈ ۡﻣ‬ ِ ‫ٱﻟﻄ ﻠ ﻖ َﻣ ﺮﱠ ﺗ‬ ‫ﱠ‬
‫ﻴﻤ ﺎ ﺣُ ُﺪ و َد ٱﻟﻠ ﻪِﱠ‬ ‫ﱠ‬ َ ۡ
َ ِ‫ن ﺧِ ﻔ ُﺘ ۡﻢ أ ﻻ ﻳُ ﻘ‬ َ ۖ ‫ﱠ‬
ۡ ‫ﻴﻤ ﺎ ﺣُ ُﺪ و َد ٱﻟﻠ ِﻪ ﻓ ِﺈ‬ َ َ َ َ
َ ِ‫ﺷ ۡﻴ ـ ﺎ ِإ ﱠﻵ أ ن ﻳَ ﺨ ﺎﻓ ﺂ أ ﻻ ﻳُ ﻘ‬
‫ﱠ‬ َ ‫ﻦ‬ ‫ﻫ ﱠ‬ ُ ‫َء ا ﺗَ ۡﻴ ُﺘ ُﻤ ﻮ‬
ِ‫ﻚ ﺣُ ُﺪ و ُد ٱﻟﻠﱠ ﻪِ َﻓ َﻼ ﺗَ ۡﻌ َﺘ ُﺪ و َﻫ ﺎ ۚ َو َﻣ ﻦ ﻳَ َﺘ َﻌ ﱠﺪ ﺣُ ُﺪ و َد ٱﻟﻠﱠ ﻪ‬ َ ۡ‫ت ﺑ ِ ﻪِ ۦ ۗ ﺗِﻠ‬ ۡ ‫ﻴﻤ ﺎ‬
ۡ ‫ٱﻓ َﺘ َﺪ‬ َ ‫ﺎح َﻋ ﻠَ ۡﻴ ِﻬ َﻤ ﺎ ِﻓ‬
َ ‫َﻓ َﻼ ﺟُ َﻨ‬
ٰ َٓ ٰ ُ
َ ‫ٱﻟﻈ ِﻠ ُﻤ‬
‫ﻮن‬ ‫ﱠ‬ ‫ﻫ ُﻢ‬
ُ ‫ﻚ‬ َ ‫َﻓ ﺄ ْو ﻟ ِﺌ‬
Al-Baqarah: 229

Meaning: Divorce is twice. Then, either keep [her] in an acceptable manner or release [her]
with good treatment. And it is not lawful for you to take anything of what you have given
them unless both fear that they will not be able to keep [within] the limits of Allah. But if
you fear that they will not keep [within] the limits of Allah, then there is no blame upon
either of them concerning that by which she ransoms herself. These are the limits of Allah,
so do not transgress them. And whoever transgresses the limits of Allah - it is those who
are the wrongdoers
 Requirements of Divorce

Husband

Sentence – to divorce the wife

‘Speech’ divorce – sarih (express / firm) or kinayah (imply)

Types of Divorce

Talak Raj'ie

Talak Bain –sughro and kubro

 Reasons for Divorce

Taalik

Li’an

Khulu’ (divorce redeem)

Fasakh
 Eddah

The waiting period for a woman who had been divorced by her husband,
before she can marry another man

Exclusive period for the ex-husband, if they would like to reconcile their
marriage

Normally 3 quru’ (about 3 months)

Woman, whom husband passed away – eddah period is 4 months and 10 days

Woman who has no more menstrual (menopause) – 3 quru’ (about 3 months)

The woman who is pregnant – after giving birth of her child

 FIQH
AL-JINAYAH

The word ‘jinayah’ primarily means the act of plucking / taking fruits
from the tree

Generally signifies a crime / offence / injurious action for which one

should be punished

Aim of Islamic criminal law is protection of all 5 Maqasid al-Shari’ah

 Classification of Crimes

PUNISHMENT

INTENTION

VIOLATION OF
RIGHTS
 Classification according to Punishment

Qisas and Diyat

(Crime of retaliation and blood money)

Hudud
(Crime of fixed punishment)

Taazirat
(Crime of discretionary punishment)
 QISAS
Meaning: “retaliation in kind” or revenge, “eye for an eye”, “nemesis” or
retributive justice

Shari’ah allows equal retaliation as the punishment

Available against the accused, to the victim or victim’s heir; when a Muslim
is murdered, suffers bodily injury or property damage

In murder case, qisas means the right of a murder victim’s nearest relative /
wali to take the life of the killer, if the court approves

Hadith: “The blood of a Muslim…cannot be shed except in 3 cases: In qisas

for murder, a married person who commits zina and one who apostates”
 Surah al-Baqarah : 178-179

‫ﻰ‬ َ
‫ﺜ‬ ‫ﻧ‬ ُ ۡ ‫ﺑ ِ ﭑﻟۡ َﻌ ۡﺒ ِﺪ َو‬
‫ٱﻷ‬ ‫ﲆ ٱﻟۡ ﺤُ ﺮﱡ ﺑ ِ ﭑﻟۡ ﺤُ ﺮﱢ َو ٱﻟۡ َﻌ ۡﺒ ُﺪ‬ َ ‫ﺎص ِﻓ ﻲ ٱﻟۡ َﻘ ۡﺘ‬ ‫ﺼ‬ ۡ‫ﺐ َﻋ ﻠَ ۡﻴ ﻜُ ُﻢ ٱﻟ‬ ‫ﺘ‬ ُ
‫ﻛ‬ ْ‫اﻣ ُﻨ ﻮا‬ ‫ﱠ‬ َ
َ ‫ٰﻳَ ﺄ ﻳﱡ َﻬ ﺎ ٱﻟ ِﺬ‬ ٓ
ٰ ۖ ُ َ ِ‫ﻘ‬ َ ِ َ ‫ﻳﻦ َء‬
‫ﻴﻒ ﱢﻣ ﻦ‬ ٞ ِ‫ﺨ ﻔ‬ ۡ َ‫ِﻚ ﺗ‬ َ ‫ٰ َذ ﻟ‬ ٖۗ ‫ﺴ‬
‫ﻦ‬ َٰ ‫ﺣ‬ ‫ﺈ‬ ‫ﺑ‬ ِ‫ﻪ‬ ‫ﻴ‬ َ ‫ﻟ‬ ‫إ‬ ‫ء‬
ٌ ‫آ‬ ‫د‬
َ َ ‫وف و أ‬ ِ ‫ﺮ‬ ‫ﻌ‬
ۡ ‫ﻤ‬ ۡ ‫ﭑﻟ‬ ‫ﺑ‬ ُ
‫ع‬ ۢ ‫ﺎ‬ ‫ﺒ‬ ‫ﱢ‬ ‫ﺗ‬ ‫ﭑ‬ َ
‫ﻓ‬ ‫ء‬ٞ ‫ﻲ‬ ‫ﺷ‬ َ ِ‫ﻴﻪ‬ ِ‫ﺧ‬ َ ‫ﻦ أ‬ ۡ ِ‫ﻣ‬ ‫ﻲ ﻟ َ ُﻪ ۥ‬ ِ‫ﻔ‬ ‫ﻋ‬
ُ ‫ﻦ‬ۡ ‫ﻤ‬ َ ‫ﻰ‬
‫ﻓ‬ ۚ َ
‫ﺜ‬ ‫ﻧ‬ ُ ۡ ِ‫ﺑ‬
‫ﭑﻷ‬
ۡ ِِ ۡ ِ َ ُ َ ِ َ ۡ َ َ ٰ
َ َ َ َ َ ٰ َ ۗٞ
(178)‫اب أ ﻟِﻴﻢ‬ ٌ ‫ِﻚ ﻓ ﻠ ُﻪ ۥ َﻋ ﺬ‬ َ ‫ى ﺑ َ ۡﻌ َﺪ ذ ﻟ‬ ٰ ‫ٱﻋ َﺘ َﺪ‬ ۡ ‫ﻦ‬ ِ ‫ﺣ َﻤ ﺔ ﻓ َﻤ‬ ۡ ‫َو َر‬ ‫ﱠر ﺑ ﱢ ﻜُ ۡﻢ‬

َ ُ ‫ﱠ‬ َ ُ ‫ﱠ‬ َ
(179) ‫ﺐ ﻟ َﻌ ﻠ ﻜ ۡﻢ ﺗ ﺘ ﻘ ﻮن‬ ‫ﺒ‬ ٰ ۡ ‫ﻟ‬ َ ۡ
‫ٱﻷ‬ ‫ِﻲ‬ ‫ﻟ‬ ‫و‬ ُ ‫ﺄ‬ ٓ َ ٰ
‫ﻳ‬ ٞ
‫ة‬ ‫ﻮ‬ ‫ﻴ‬ ‫ﺣ‬ ‫ﺎص‬
ِ ‫ﺼ‬ ِ‫ﻘ‬ ۡ ‫ٱﻟ‬ ‫ﻲ‬ ‫ﻓ‬
ِ ‫ﻢ‬ ُ ‫ﻜ‬ َ ‫َو ﻟ‬
ِ َ ْ ٰ َ َ َ ۡ

Al-Baqarah: 178-179
Meaning: O you who have believed, prescribed for you is legal retribution for those murdered
- the free for the free, the slave for the slave, and the female for the female. But whoever
overlooks from his brother anything, then there should be a suitable follow-up and payment
to him with good conduct. This is an alleviation from your Lord and a mercy. But whoever
transgresses after that will have a painful punishment (178)

And there is for you in legal retribution [saving of] life, O you [people] of understanding, that
you may become righteous (179)
 DIYAT
Alternative to qisas

Aggrieved Muslim parties to receive monetary compensation (blood money)

 HUDUD
Literal meaning : ‘limit’ or restriction

Punishments which are mandated and fixed by Allah / crimes against God

The punishment is fixed in the Qur’an and Hadith

List of Hudud crimes:

- Adultery / fornication (24:2)

- False accusation (24:4,6)
- Consuming intoxicants (5:90)
- Theft (5:38)
- Highway robbery (5:33)
- Apostasy (not unanimous opinion)
- Rebellion against the lawful ruler (5:33)
Nature of Punishment: Standard of Punishment:

- Public lashing - Hudud offences are overturned by the

slightest doubts (shubahat)
- Public stoning
- Fulfill the requirement of certainty
- Amputation of hands (yaqeen)

- Cruxification - Evidentiary standards are often

impossibly high, therefore they are
infrequently implemented in practice.
Example: adultery – requires 4 male eye
witnesses
 TAAZIR
Literal meaning: ‘to punish’

Refers to punishment for offences at the discretion of a judge (qadhi) or

ruler of a state

Crimes which the punishments are not specified in the Qur’an and Hadith

Types of crime punishable under Taazir:

- Actions which are considered sinful in Islam

- Undermine the Muslim community
- Threaten public order, but not punishable as hudud or qisas crimes
- Offences that do not meet the complete requirements of hudud crimes,eg:
attempted adultery /fornication, attempted but unsuccessful robbery,
theft among relatives
Nature of Taazir:

- Judge has discretion in deciding an appropriate form of punishment

- Punishment does not have to be consistent – across the accused person or

over time

- Do not require proof that hudud / qisas crimes require, example 4 male
witnesses

- Judge / ruler has the discretion to forgive taazir offences

- Taazir punishments are for less serious offences

- Punishments vary with the nature of the crime; include imprisonment,

flogging, a fine, banishment, seizure of property

- Execution only for extreme cases, eg: propagating heretical doctrine,

espionage on behalf of an enemy of the state
FIQH AL-DAULAH

Daulah refers to nationalism / statehood (kenegaraan)

A component of Fiqh al-Siyasah (Politic)

Important references:

- “Fiqh al-Daulah from the Islamic perspective” by Prof. Dr. Yusuf

al-Qaradhawi
- “Al-Ahkam al-Dawliyyah” by Dr. Wahbah al-Zuhaili
 Fiqh al-Daulah (Dr. Yusuf)

Formation of a daulah

- Land / soil (place to set up a state)

- People (men who possess it)

- Head of the state (managing & administering)

- Law (state control)

- Sovereignty
 ‫‪Distinguishing the western / secular view on the administration of a state‬‬

‫‪Western view : religion has nothing to do with the administration of a‬‬

‫‪government / state‬‬

‫‪Islamic view : the governing of a state must be guided by religion‬‬

‫ل ِإ نﱠ‬ ‫ۡ‬ ‫ْ‬ ‫ُ‬

‫ﺤ ﻜ ُﻤ ﻮا ﺑ ِ ﭑﻟ َﻌ ۡﺪ ِۚ‬ ‫َ‬ ‫ﺗ‬ ‫ن‬ ‫َ‬ ‫أ‬ ‫ﺎس‬
‫ِ‬ ‫ﻨ‬‫ﱠ‬ ‫ٱﻟ‬ ‫ﻦ‬‫َ‬ ‫ﻴ‬ ‫َ‬ ‫ﺑ‬ ‫ﻢ‬ ‫ُ‬
‫ﺘ‬ ‫ﻤ‬
‫ۡ‬ ‫َ‬
‫ﻜ‬ ‫ﺣ‬ ‫ا‬ ‫ذ‬ ‫َ‬ ‫إ‬ ‫و‬ ‫ﺎ‬ ‫ﻬ‬
‫َ‬ ‫ﻠ‬
‫ِ‬ ‫ﻫ‬
‫ۡ‬ ‫َ‬ ‫أ‬ ‫ٓ‬
‫ﱃ‬ ‫َ‬ ‫إ‬ ‫ﺖ‬ ‫ِ‬ ‫ﻨ‬ ‫َ‬ ‫ٰ‬ ‫ﻣ‬ ‫ٰ‬ ‫َ‬ ‫ٱﻷ‬‫ۡ‬ ‫ْ‬ ‫وا‬ ‫د‬
‫ﱡ‬ ‫ﺆ‬‫َ‬ ‫ُ‬ ‫ﺗ‬ ‫ن‬ ‫َ‬ ‫أ‬ ‫ﻢ‬
‫ۡ‬ ‫ُ‬
‫ﻛ‬ ‫ﺮ‬ ‫ﻣ‬ ‫ۡ‬ ‫ﺄ‬ ‫َ‬ ‫ﻳ‬ ‫َ‬
‫ﻪ‬ ‫ﱠ‬ ‫ِإ ﱠ‬
‫ن ٱﻟﻠ‬
‫ۡ‬ ‫ۡ‬ ‫َ‬ ‫َِ‬ ‫ِ ٰ‬ ‫َ‬ ‫ُ ُ‬
‫ﺼ ﻴ ٗﺮ ‪(58).‬‬ ‫ﺳ ﻤِ ۢ َ‬
‫ﻴﻌ ﺎ ﺑ َ ِ‬ ‫َ‬ ‫ﺎن‬‫َ‬ ‫َ‬
‫ﻛ‬ ‫َ‬
‫ﻪ‬ ‫ﱠ‬ ‫ٱﻟﻠ‬ ‫ن‬‫ﱠ‬ ‫إ‬ ‫ۗ‬ ‫ٓ‬ ‫ﻪِ‬ ‫ﺑ‬ ‫ﻢ‬ ‫ُ‬ ‫ﻜ‬ ‫ُ‬
‫ﻈ‬ ‫ﻌِ‬ ‫َ‬ ‫ﻳ‬ ‫ﺎ‬ ‫ﻤ‬
‫ﱠ‬ ‫ِﻌِ‬ ‫ﻧ‬ ‫ﻪ‬‫َ‬ ‫ﱠ‬ ‫ٱﻟﻠ‬
‫ِ ۦ ِ‬

‫ﻲ ءٖ‬ ‫َ‬
‫ﺷ‬ ‫ﻲ‬ ‫ﻓ‬
‫ِ‬ ‫ﻢ‬ ‫ُ‬
‫ﺘ‬ ‫ﻋ‬
‫ۡ‬ ‫َ‬
‫ﺰ‬ ‫َ‬
‫ﻨ‬ ‫ٰ‬ ‫َ‬ ‫ﺗ‬ ‫ن‬ ‫ﺈ‬ ‫َ‬
‫ﻓ‬ ‫ۖ‬
‫ﻢ‬ ‫ُ‬ ‫ﻜ‬ ‫ﻨ‬ ‫ﻣِ‬ ‫ﺮ‬ ‫ﻣ‬ ‫َ‬ ‫ۡ‬
‫ٱﻷ‬ ‫ِﻲ‬ ‫ﻟ‬ ‫و‬ ‫ُ‬ ‫أ‬ ‫و‬ ‫ﻮلَ‬ ‫ﺳ‬ ‫ﺮ‬ ‫ٱﻟ‬ ‫ْ‬ ‫ﻮا‬ ‫ﻴﻌ‬
‫ُ‬ ‫ﻃِ‬ ‫َ‬ ‫أ‬ ‫و‬ ‫َ‬
‫ﻪ‬ ‫ﱠ‬ ‫ٱﻟﻠ‬ ‫ْ‬ ‫ﻮا‬ ‫ﻌ‬
‫ُ‬ ‫ﻴ‬ ‫ﻃِ‬ ‫َ‬ ‫أ‬ ‫ْ‬ ‫ا‬ ‫ﻮ‬ ‫ُ‬
‫ﻨ‬ ‫اﻣ‬ ‫ء‬ ‫َ‬ ‫َ‬
‫ﻳﻦ‬ ‫ﺬ‬
‫ِ‬ ‫ﱠ‬ ‫ٱﻟ‬ ‫ﺎ‬ ‫ﻬ‬
‫َ‬ ‫ﱡ‬ ‫ﻳ‬ ‫َ‬ ‫ﺄ‬ ‫ٓ‬ ‫َ‬ ‫ٰ‬
‫ﻳ‬
‫ۡ‬ ‫ۡ‬ ‫ِ‬ ‫ۡ‬ ‫ِ‬ ‫ۡ‬ ‫ْ‬ ‫َ‬ ‫ُ‬ ‫ﱠ‬ ‫َ‬ ‫ٓ‬ ‫َ‬
‫ﻳﻼ )‪(59‬‬‫ﻦ ﺗَ ﺄ ۡ ِو ً‬ ‫ﺴ ُ‬ ‫ﺣ‬
‫ۡ ‪َ ۡ َ ٞ‬‬
‫ﺧ ﻴ ﺮ و أَ‬
‫َ‬ ‫َ‬
‫ِﻚ‬ ‫ﻟ‬ ‫ذ‬‫َ‬ ‫ٰ‬ ‫ﻮن ﺑ ِ ﭑﻟﻠﱠ ﻪِ َو ٱﻟۡ َﻴ ۡﻮ مِ ۡ‬
‫ٱﻷ ٓﺧِ ﺮِۚ‬ ‫ﻮل ِإ ن ُﻛ ﻨ ُﺘ ۡﻢ ﺗُ ۡﺆ ﻣِ ُﻨ َ‬ ‫ِ‬ ‫ﺳ‬‫ُ‬ ‫ﱠ‬ ‫ﺮ‬ ‫ٱﻟ‬ ‫و‬
‫َ‬ ‫ﻪِ‬ ‫ﱠ‬ ‫ٱﻟﻠ‬ ‫ﱃ‬ ‫َ‬ ‫إ‬ ‫ه‬
‫ُ‬ ‫و‬ ‫د‬
‫ﱡ‬ ‫ُ‬ ‫ﺮ‬ ‫ﻓ‬‫َ‬
‫ِ‬
‫‪An-Nisa': 58-59‬‬
 Meaning: Indeed, Allah commands you to render trusts to whom they are due and when you
judge between people to judge with justice. Excellent is that which Allah instructs you. Indeed,
Allah is ever Hearing and Seeing (58)
O you who have believed, obey Allah and obey the Messenger and those in authority among you.
And if you disagree over anything, refer it to Allah and the Messenger, if you should believe in
Allah and the Last Day. That is the best [way] and best in result (59)

Example set by Prophet Muhammad (s.a.w)

 Al-Ahkam al-Dawliyyah (Dr. Wahbah)

Relates to the relationship between Islamic countries and other countries

in terms of peace, war and treaties

The status and rights of non-Muslims in Islamic countries

Determines the types and forms of relationship, cooperation as well as

mutual respect between countries
 FIQH AL-SIYAR

International Law

The ruling determining the relationship between an Islamic government

and a foreign government

This includes sending of diplomatic missions and other matters related to

the relationship between two governments

Discussion on jihad

In ancient time, there was no international law, it was considered as part

of politics
Concept of international law existed in the Greek City States

Jahiliyyah society, there existed some form of international law. Example:

The Arab chiefs used to visit foreign rulers and sent / received
ambassadors

After the advent of Islam, international law has its own special place in
Shari’ah, known as Al-Siyar

The term ‘Al-Siyar’ to connote international law was first used by Imam
Abu Hanifah (703-767 CE) while delivering his series of lectures on the
theme of international law

Imam Muhammad al-Syaibani (749-805 CE), student of Imam Abu Hanifah

recorded / edited these lectures in a famous book “Kitab al-Siyar al-
Saghir” and “Kitab al-Siyar al-Kabir”
 Important contents

Concept of oneness of mankind, the brotherhood of mankind

ُ ۡ َ ْۚ ُ َ ُ ُ ٰ ۡ َ ُ َ َ ُ ٰ ۡ َ ‫ﱠ‬ َ ٓ ٰ
‫ِإ ﱠ‬
‫ن أ ﻛ َﺮ َﻣ ﻜ ۡﻢ‬ ‫ﺟ َﻌ ﻠ َﻨ ﻜ ۡﻢ ﺷ ُﻌ ﻮ ﺑٗ ﺎ َو ﻗ َﺒ ﺂ ﺋ ِﻞَ ﻟِ َﺘ َﻌ ﺎ َر ﻓ ٓﻮ ا‬ َ ‫ﻰ َو‬ ٰ ‫ﺜ‬ ‫ﻧ‬ ‫أ‬ ‫و‬
َ ‫ﺮ‬
ٖ ‫ﻛ‬ ‫ذ‬ ‫ﻦ‬ ‫ﻣ‬‫ﱢ‬ ‫ﻢ‬ ‫ﻜ‬ َ
‫ﻨ‬ ‫ﻘ‬ ‫ﻠ‬ َ
‫ﺧ‬ ‫ﺎ‬ ‫ﻧ‬ ‫إ‬
ِ ‫ﺎس‬
ُ ‫ﱠ‬
‫ﻨ‬ ‫ٱﻟ‬ ‫ﺎ‬ ‫ﻬ‬
َ ‫ﱡ‬ ‫ﻳ‬ ‫ﺄ‬ َ ‫ﻳ‬
َ ‫ﻴﻢ‬
‫ﺮ‬ٞ ‫ﺧ ِﺒ ﻴ‬ ٌ ‫ﻠ‬ِ ‫ﻋ‬
َ َ
‫ﻪ‬ ‫ﱠ‬ ‫ٱﻟﻠ‬ ‫ﱠ‬
‫ن‬ ‫إ‬ ۚ
‫ﻢ‬ ۡ ُ ‫ﻜ‬ ‫ﯩ‬ َ
‫ﻘ‬ ۡ ‫ﺗ‬ َ ‫أ‬ ِ‫ﻪ‬ ‫ﱠ‬ ‫ﻋِ ﻨ َﺪ ٱﻟﻠ‬
ِ ٰ

Al-Hujurat: 13

Meaning: O mankind, indeed We have created you from male and female and made
you peoples and tribes that you may know one another. Indeed, the most noble of you
in the sight of Allah is the most righteous of you. Indeed, Allah is Knowing and
Acquainted
 International peace, coexistence and cooperation for goodliness (Al-
Maidah:2)

َ ٓ َ ٰ ۡ َ ۡ َ ۡ َ ‫ﱠ‬ ٓ ْ ‫ﱡ‬ َ ْ ‫ﱠ‬ َ ٓ

َ ‫آﻣ‬
‫ﻴﻦ‬ ‫ي َو ﻻ ٱﻟ ﻘ ﻠ ِﺌ َﺪ َو ﻵ َء ﱢ‬ َ َ ‫ﺪ‬ ۡ ‫ﻬ‬
َ ‫ٱﻟ‬ ‫ﻻ‬ ‫و‬ َ ‫ام‬
َ ‫ﺮ‬
َ َ ‫ﺤ‬ ‫ٱﻟ‬ ‫ﺮ‬
َ ‫ﻬ‬
ۡ ‫ﱠ‬
‫ٱﻟﺸ‬ ‫ﻻ‬ ‫و‬
َ ِ‫ﻪ‬ ‫ٱﻟﻠ‬ ‫ﺮ‬
َ ‫ﺌ‬
ِ ‫ﻌ‬ َ ٰ ‫ﺷ‬َ ‫ﻮا‬ ‫ﻠ‬ ِ‫ﺤ‬ ُ ‫ﺗ‬ ‫ﻻ‬ ‫ﻮا‬ ُ
‫ﻨ‬ ‫اﻣ‬
َ ‫ء‬
َ َ
‫ﻳﻦ‬ ‫ﺬ‬
ِ ‫ٱﻟ‬ ‫ﺎ‬ ‫ﻬ‬
َ ‫ﱡ‬ ‫ﻳ‬ ‫ﺄ‬ َ ٰ
‫ﻳ‬
ۚ
ُ ‫ﺷ َﻨ ـ‬
‫ﺎن‬ َ ‫ﺠ ﺮ ِ َﻣ ﱠﻨ ﻜُ ۡﻢ‬ ۡ َ‫ﭑﺻ َﻄ ﺎ ُد واْ َو َﻻ ﻳ‬ ۡ ‫ﺣ ﻠَ ﻠۡ ُﺘ ۡﻢ َﻓ‬ َ ‫ﻮن َﻓ ۡﻀ ٗﻼ ﱢﻣ ﻦ ﱠر ﺑ ﱢ ِﻬ ۡﻢ َو رِ ۡﺿ ٰ َﻮ ﻧٗ ﺎ ۚ َو ِإ َذ ا‬ َ ‫ام ﻳَ ۡﺒ َﺘ ُﻐ‬ َ َ‫ﺖ ٱﻟۡ ﺤَ ﺮ‬ َ ‫ٱﻟۡ َﺒ ۡﻴ‬
ْ‫ى َو َﻻ ﺗَ َﻌ ﺎ َو ﻧ ُ ﻮا‬ ۡ ۡ َ ْ ُ َ ْۘ َ َ ۡ ۡ ُ َ َ
ۖ ٰ ‫ﺠ ِﺪ ٱﻟ ﺤَ َﺮ امِ أ ن ﺗ ۡﻌ َﺘ ُﺪ وا َو ﺗ َﻌ ﺎ َو ﻧ ﻮا َﻋ ﲆ ٱﻟ ِﺒ ﺮﱢ َو ٱﻟ ﱠﺘ ﻘ َﻮ‬ ِ ‫ﺴ‬ ۡ ‫ﻦ ٱﻟ َﻤ‬ ِ ‫ﻋ‬َ ‫ﻢ‬
ۡ ‫ﻛ‬ ‫و‬ ‫ﺪ‬
‫ﱡ‬ ‫ﺻ‬َ ‫ن‬ ‫أ‬ ٍ‫م‬ ‫ﻮ‬
ۡ ‫ﻗ‬
‫ﺎب‬
ِ َ
‫ﻘ‬ ِ‫ﻌ‬ ۡ ‫ٱﻟ‬ ‫ﺪ‬
ُ ‫ﻳ‬ ‫ﺪ‬
ِ َ
‫ﺷ‬ َ
‫ﻪ‬ ‫ﱠ‬ ‫ٱﻟﻠ‬ ‫ن‬ ‫ﱠ‬ ‫إ‬ ‫ﻪ‬ۖ َ ‫ﱠ‬ ‫ٱﻟﻠ‬ ْ ‫ﻮا‬ ‫ﻘ‬ ُ ‫ﱠ‬ ‫ﺗ‬ ‫ٱ‬ ‫و‬
َ ۚ
‫ن‬ ِ ‫و‬
َ ٰ ‫ﺪ‬
ۡ ‫ﻌ‬
ُ ۡ ‫ٱﻟ‬ ‫و‬
َ ِ‫ﻢ‬ ۡ ‫ﺛ‬ ‫ٱﻹ‬
ِ ۡ ‫ﲆ‬ َ ‫َﻋ‬
ِ
Al-Maidah: 2
Meaning: O you who have believed, do not violate the rites of Allah or [the sanctity of] the sacred
month or [neglect the marking of] the sacrificial animals and garlanding [them] or [violate the
safety of] those coming to the Sacred House seeking bounty from their Lord and [His] approval.
But when you come out of ihram, then [you may] hunt. And do not let the hatred of a people for
having obstructed you from al-Masjid al-Haram lead you to transgress. And cooperate in
righteousness and piety, but do not cooperate in sin and aggression. And fear Allah; indeed, Allah
is severe in penalty
Fundamental human rights and treaty relations

The importance of observing the terms of treaties, pledges, pacts with

non-Muslim is sanctified in Islam
 Examples during Prophet's time

Case of Huzaifah bin Yaman

Case of Abu Rafi’

Hudaibiyah Treaty – case of Abu Jandall

 FIQH AL- MIIRATH

“Miirath” refers to Inheritance laws in Islam

From the word al-warith (99 asma’ Allah al-husna), which means
permanent (kekal)

Technically known as ‘ilm al-faraid or al-mawarith

Relates to division of property / wealth after a person’s death

Rules have been laid down in Islam

 Sources

Al-Qur’an – Surah An-Nisa’: 7,8,9,10,11,12 and 176

Al-Sunnah – hadith that explained on the requirement to divide the

inheritance accordingly: “Give away the inheritance (harta pusaka) and
the balance (baki) are for the principal male inheritor.” (Recorded by
Muslim)

Ijma’
 Procedures to be observed

Before the proceeding of dividing the inheritance, the family members

should check whether there exist:

- ‘unfinished business’ of the deceased

- the cost of burial and other related matters
- unsettled debts
- bequest (wasiat)
- ‘harta sepencarian’
Then only the inheritance (harta pusaka) can be divided:

- Faraid
- Takharuj (muafakat)

Division of property depending on the position of the inheritor (waris)

and his relationship with the deceased
 Pillars of Inheriting (Rukun Pewarisan)

Al-Muwarrith – the deceased

Al-Warith – persons who can inherit the property

Al-Mawruth – the property

 Other related topics

Reasons for inheriting (sebab pewarisan):

- Nasab – furu’, usul, hawashi [ method of dividing property : fardhu &

asabah]
- Marriage
- Baitul Mal

Conditions for inheriting (syarat pewarisan)

Reasons that deny inheriting (halangan pewarisan)

Thank You