SS 101 Session 6

Modern Law Vs Islamic Law:

Interest, authority is very different. When in private, modern law, you’re not obliged to but
you are obliged to the Islamic law.

Shariah: A straight and reliable path leads into the source of water
Arabs, desert drivers: knowing the right path that will take you to the next oasis in water. Or
else you die.
A path where your journey will be successful
A law laid down by the God.

If shariah is just an ideal, and we cannot just act on ideals. That’s where Fiqh comes on.
Understand the law of God
Fiqh: Not all of the shariah, but only the practical Shariah.
About amli things for which we have proofs (Quran, ayah and Hadith)

The Shariah is derieved through Fiqh

Ahkam (Rulings):
1. Obligatory
2. Recommended
3. Permitted (Neutral)
4. Disliked
5. Prohibited

Ijtihadi masail: Men and Muslim prayed together in mosque early Islamic community.
Later, new people came, new converts, strange faces (making them uncomfortable) thus
Umar(RA) decided to make new places separate for men and Muslim to pray

Qiyas: Date wine and grape wine

Difference between Ijtihad and Qiyas:

Ijtihad: using any way, any method to solve a problem. Can be feeling based.
Qiyas is a logical and a very structured type of Ijtihad

Qiyas:
1. Cigarettes (new problem) Makruh because the scientific opinion was divided.
2. Suicide – (existing problem)
3. Any act of suicide is taking away your life