SHARI’AH (ISLAMIC LAWS)

Shari’ah defined

The word Shari’ah literally means a ‘waterhole where animals gather daily to drink’, ‘a road to watering place’ or
‘the straight path or straight way’. It legally means the sum total of Islamic laws revealed to the prophet Muhammad
and which are duly recorded in the Qur’an and Sunnah. Shari’ah specifically refers to the commands, prohibitions,
guidance and principles established by the divine law giver to govern and regulate the conduct of every Muslims.
ALLAH said in the holy Qur’an “Then we put you on a straight path in your affairs, so follow it and do not follow
the desire of those who have no knowledge”.

Islam defined;

Islam is derived from the word Salam (peace). It is the religion commanded and revealed by ALLAH (swt) to all the
mankind through Muhammad (saw). It connotes complete submission, surrender and obedience to the will of
ALLAH or by submitting one’s self to the teachings of Islam and by abiding its commands and refraining from its
prohibitions. Islam literally means submission to the will of ALLAH which is to pursue (husn) the beauty of life and
character and to avoid (qubh) the ugliness of life and character.

Islam is the way of life. It broadly implies a complete and unconditional belief to the oneness of ALLAH as the true
God, alone and no associates. It generally commands a believer and a faithful to do what is ordered and not to do
what is prohibited.

When the word Islam is used alone and not accompanied by the word Iman, it pertains to the religion of Islam as a
whole including major and minor issues of belief, words and deeds. However, if it is used in conjunction with the
word Iman, it refers to the outward words and deeds.

Islam distinguished from Muslim;

While Islam pertains to the religion of ALLAH (swt) as revealed to the prophet Muhammad (saw), Muslim refers to
the person who believed and accepted that Islam is the only religion and practices its teachings. In order to be
considered a Muslim, one must believe unconditionally to the oneness of ALLAH (swt) and that Muhammad (saw)
is his messenger. Such belief is manifested by simultaneous performance of the teachings of Islam and non-
performance of what is prohibited by Islam.

Characteristics of Shari’ah.

Shari’ah is Comprehensive, Idealistic/realistic and Naturalistic.

1. Comprehensive; Shari’ah law is comprehensive as it covers all aspects of human lives. It lays down rules not
only for individual progress but also for the advancement of society, of nations, and of humanity as a whole. It
covers persons, family relations, marriage, succession, political, labor, commercial, social justice and etc.
2. Idealistic and realistic; Shari’ah has the category of permanence and change. It preceded the Islamic state and
not preceded by it; it controls the Islamic society and not controlled by it. Moreover, while although fixed and
immutable (Qur’an/Sunnah), it has a built-in capacity to accommodate changes in society and thus Flexible in
a sense (Fiqh).
3. Naturalistic: Because Islam is a natural religion, its laws are in perfect harmony with nature. For example, the
law allows plural marriages because of the natural tendency of man to be sexually covetous.

Five Essential values protected by Shari’ah (Maqasid As-Shari’ah)

Shari’ah was prescribed to us by ALLAH (swt) for the protection of the five Maqasid (goals, objectives or essential
purposes).
1. Protection of Religion/Faith (Din)- This is the most important values to be protected by Muslims. It is
protected through observance of different kinds of Ibadah and establishing measures to ensure free worship and
free exercise of Islam.
2. Protection of Life (Nafs)- Life is essential and valuable. Thus, protection of life is obligatory upon all person in
a community regardless of sex, race, creed or religion.
 3. Protection of Family/progeny or Honor (Nasl/’Ird)- Islam is concerned about the dignity of individual being
and emphasizes its importance. Protection of dignity includes respecting right to privacy and right against false
accusations.
4. Protection of Intellect (Naql)- Intellect is a gift and thus it must be protected from corruption.
5. Protection of Property/ Wealth (Mal)- Islam has ordained that no one should transgress and acquire the
property of others without valid justification thereof.

FIQH (ISLAMIC JURISPRUDENCE)

Fiqh defined;

Literally means ‘True understanding of what is intended’. It is the scientific study and elucidation of Shari’ah. It
implies an understanding of Islam in general way and what a prudent person is likely to conclude from obvious
evidences. It means the science of jurisprudence or the art of applying the legal knowledge derived from different
sources of Shari’ah. A man learned in the science of jurisprudence (fiqh) is called (Faqih/Jurist).

Ilm (knowledge) versus Fiqh.

1. Ilm is broader in nature and narrower in scope for it includes both knowledge arising from law and other
sources while Fiqh exclusively connotes knowledge of the law.
2. While knowledgeable person to Islamic studies is called Ulama, a person knowledgeable to Islamic laws is
called Faqih.

Fiqh Al-waqi’ee (Realistic Fiqh)

This refers to Fiqh or legal rulings given by the Mujtahidun based on actual or real legal issues. Traditionally, it
refers to the fiqh during the time of the Shahabah since they are giving legal rulings or opinions based on real and
actual issues. It differs from Hypothetical Fiqh which was introduced only after the generation of the Shahabahs by
people of reasoning (Ahl-ul-Ray’).

FIQH as distinguished from Jurisprudence in the Philippines.

1. Fiqh refers to the true understanding of what is intended or knowledge of law, Jurisprudence pertains to the
Philosophy of law.
2. Fiqh is the human understanding and elucidation of Shari’ah by qualified Muslim Jurists (Faqih) while
Jurisprudence pertains to interpretation of law or principles by Judges and Justices of the courts.
3. While analogical reasoning (Qiyas) may be applied in the absence of ruling in the Qur’an and Hadith in case of
Fiqh, under the doctrine of Stare Decisis, the court may apply the jurisprudence (decision in cases involving
the same issue) when there is a similar fact involved in the case.

Shari’ah vs. Fiqh

1. Shari’ah is the body of revealed laws founded on Qur’an and Sunnah while Fiqh is the body of laws deduced
from Shari’ah to cover specific situations not directly treated in Shari’ah law.
2. Shari’ah is permanent while Fiqh changes according to the circumstances.
3. Shari’ah lays down basic principles, while Fiqh demonstrates how these basic principles should be applied.
4. Shari’ah covers all human action while Fiqh is limited to legal acts only.
5. Shari’ah is laid down by Allah and his Messenger, while Fiqh is the result of human endeavor.

USUL UL-FIQH (ISLAMIC LAW METHODOLOGY)

Usul ul-fiqh literally means the roots of Islamic law. It is the science of the sources and methodology of law or the
science of the study of Muslim law jurisprudence, its fundamentals and principles based from primary sources of
law, through the exercise of independent analytical deduction with regard to its application to certain particular
situations. It is the principles by which the Mujtahid arrives at the legal rules through the specific evidences. It
answers the nature of law and how judge discovers and applies the law.

Fiqh vs. Usul-ul-Fiqh

1. Fiqh is concerned with the knowledge of the detailed rules of Islamic law in its various branches. Usul-ul-Fiqh
are the methods applied in the deduction of such rules from their sources.
2. The former is the law itself and the latter is the methodology of the law.
3. It is akin to grammar to language or logic to philosophy.