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ntroduction to Syariah
At the end of lecture student is able
To explain some important meanings of
terms Shari'ah, Fiqh and law
To explain characteristics and
differences between these terms
To appreciate their importance in the
study of Shari'ah

earning in Early slam

ntelectual versus Emotion
'aql
fikr
tadabbur
Terms used in early slam
iqh
'Ilm
Din
aridah
Shara'i' and hence Shari'ah
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Technical definition of all these terms differ
from their original meanings:
Association with non Muslim and non Arab
Emergence of legal and theological school
Development of slamic learning
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Shari'ah
n early slam refers to fundamentals of
religion or faridah or fara'id
Abu Hanifah made a distinction between in
Shafi'i used as faridah
n literal term can be described as
Water way (mawrid al-sharibah)
Straight path (tariqah mustaqimah)

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continue.
Technically term Shariah is known
rules/laws (ahkam) enjoined by God
(Allah) upon mankind through His Prophet
Thus hkam al-Shariah since they are:
Straight path
"Water that nourishes life and mind
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Why ManKind Need Shariah?
Human is society by nature
Human's ability to judge wrong and right is
not absolute
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Shariah in Relation to other terms
slam external submission to God's will
Din and Millah fundamentals of belief and
dogma with the former in respect of God and
latter in respect of believers
'lm knowledge through revelation thus closely
connected to Quran and Hadith and hence
ulama', qurra' and muhaddithin
Fiqh is used in early slam to cover all the above
but later on restricted to knowledge acquired by
intellectual and speculative exercise and hence
the term fuqaha'
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Divisions of Shariah
aws or Rules of Shariah cover three
aspects:
Beliefs (qidah): lmu Tawhid, Kalam
Moral/ethics (Wujdan): Tassawuf
Deeds (mal): iqh and Shariah
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Characteristics of Shariah
Absolute Truth (al-Haqq)
Permanent and Perpetuity (%habat)
General Principles and Application
Religious
Tawhid
Reward both here and hereafter
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General Principles of Syariah
dam al-Haraj
Ri`ayat Masalih al-Nas
al-`dl wa Ihsan
al-Musawat
al-sl Ibahah
Syura
%asamuh
Huriyyah
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Meaning of Fiqh
The knowledge on the practical rules of
the Shariah deduced from its detailed
proofs (dalil)
Non practical rules such as belief and
ethics are not within the scope of fiqh
Knowledge deduced from the Shariah
texts leads to disagreement (khilaf)
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Characteristics of Fiqh
Practical matters
Speculative with more than one answer
Flexible
Dynamics
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Reasons For Disagreement
Nature of the Shariah Texts
Diversity in the Understanding of Texts
Social and Environment
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Nature of the Shariah Texts
Scarcity and General
ndifinite in dilalah or subut
Not all hadith known to all legal specialists
or fuqaha
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Diversity in the Understanding
evel of knowledge and intellect are not
the same among legal specialists
Knowledge of Arabic language
earning background and companionship
Understanding of a particular background
such as cause of revelation or sabab nuzul
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Social and Environment
Diversity in custom and social usage
contribute to different rulings
Judgment or opinion largely influenced vy
custom and usage
Observance of custom and usage is for
practical reason
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aw (Qanun or Nizam)
Measurement of everything
Any general and obligatory rule of conduct
or a code or a collection of legal rules
Frequently (probably was the first) used by
the Ottoman to refer laws promulgated
and enforced by the state
Thus Qanun is Shariah law law collected,
promulgated and enforced by the state
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Conclusion: Comparison Between
Shariah, Fiqh and aw
Shariah is permanent and immutable whereas
fiqh is dynamic and could be irrelevant in the
passage of time
The source of Shariah is revelation whereas fiqh
is the product of human intellect on the
understanding of the revelation
Shariah and fiqh is both religious and could be
at time private/personal whereas law is positive
and applied by the executive powers of the state
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Reference
S.Mahmasani. alsafah al-%ashri fi al-Islam (%he
Philosophy of Jurisprudence in Islam), eiden:
EJ Brill, 1961.
Badran Abu al-'Aynayn Badran. l-Shari'ah al-
Islamiyyah: %arikhuha Wa Nazariyyah al-
Milkiyyah wa al-'Uqud, skandariah.
Ahmad Hasan (1970). %he Early evelopment of
Islamic Jurisprudence, slamabad: slamic
Research nstitute