FIQH FOR ECONOMIST 1

ECON3510
• DR. Hayatullah Laluddin
• Office Tel.No. 03-61964631
• Mobile No. 016-6130907
• Room No. 204
• hayatul@iium.edu.my
 Introduction to Shari’ah

Comprehensiveness of Islam:
• Islam is a comprehensive “religion” that describes the
way to fulfill the purpose behind our creation
• Islam is the last Divine religion and as such, must
rationally and practically be the most comprehensive
and complete religion.
• Islam has answers to all questions and problems:
• Human being face from cradle to grave.
• Islam deals with all social, economic, cultural and
ethical questions of life.
• Belief in the comprehensiveness of Islam, its suitability
for all the time and places and its fulfillment of every
worldly and religious requirement is a religious
obligation.
• believe in another way of life being better than Islam is
contradictory to Islam hence, is tantamount to disbelief
and apostasy.
• Such false beliefs indicate denial of the revealed texts
that assert the perfection of religion.
• degradation of this religion the Messenger of Allaah ,
who conveyed it. This definitely render its beholder
apostate.
What does `Islam’ means?
• The word ‘Islam’ simply means ‘submission’
• it is derived from the word “silm” meaning ‘peace’.
• In a religious context Islam means “submission to
the will of God and obedience to his law”
• Man possesses the qualities of intelligence and
choice.
• He is required to submit to the good will of God and
obey His law, i.e, become a Muslim.
The Meaning of Shari’ah
• The word Shari`ah literally means “a water way that
leads to a main stream, a drinking place”.
• Technically Means: “The divine revelation and
knowledge which is only obtained from the Qur’an
and Sunnah.”
• Shari`ah, conceptually, refers to a set of rules,
regulations, teachings, and values governing the lives
of Muslims. individual attitude and conduct, as well
as the political, social, economic, criminal, and civil
spheres.
The Shari`ah, therefore, is a path set by Allah for those
who accept Him
to follow, in order to attain success both in the worldly
life and in the hereafter.
Tawhid or Belief in the Unity of Allah swt
(Islamic Monotheism)?
• Tawhid (Oneness and Unity of Allah) is the
foundational stone of Islamic faith (iman).
• Tawhid means: “declaring Allah to be the only God
who deserves to be worshiped in truth and
confirming all attributes with which He has
qualified Himself or that are attributed to him by
his messenger.
 The Meaning and Significance of Akhlaq
• the word Akhlaq is derived from the word "Khuluq"
meaning the character, disposition and the nature.
Akhlaq in Shari'ah terminology:
• The akhlaq or morals are the characteristics required by
Allah (SWT) from Muslim to abide by in all his activities.
• Be they related to worships, transactions and any other
sphere of life.
• morals are part of the Islamic legislation for they are part
of Allah's commands and prohibitions
• No moral act would be considered as acts of worship if
not for the sake of Allah"
• or in compliance with His commands.
• For instance, someone is telling the truth because it is
regarded in society as a good deed.
• his action would not be considered an act of worship, but
if he did so in response to the command of Allah (SWT)
and His Messenger (SAW) who said:
• " ‫ي ًقا‬4‫تَ َب ِص ِّد‬44‫ي‬
‫تَّى ُ ْك‬4‫ َح‬،‫صد َْق‬
ِّ 44‫ َويَتَ َح َّرى لا‬،‫ص ُد ُق‬ َ َ ‫… اَل‬.
ْ 44‫ر ُج ُل َ ي‬4َّ ‫ل ال‬4‫ز ُا‬44‫ي‬
• "Verily a man would tell the truth and keep on doing
so until Allah labels him as truthful" ,
• only then would his truthfulness would be an act of
worship.
 • The Necessity of Akhlaq in Economic Activities
• The observance of Akhlaq is also essential to a healthy
economy.
• Lack of moral values lead to:
• corruption, mismanagement,
• bribery, breach of trust, misuse of authority,
• and obtaining illegal gains which are not only immoral
but also crimes.
• The Prophet p.b.u.h. is reported to have said:
• “All the evils can be found in a Mu´min, except
dishonesty and falsehood”.
•  
• Negation of mutual trust lead to lack of cooperation
among the member of a society.
• Making false promises or breach of promise and lies
amount to hypocrisy.
• Cause damage to person’s reputation hence, losing
people’s confidence and trust.
• In trade, business, and other financial and economic
matters an atmosphere of confidence can be created
only when the fulfilment of promises is considered a
duty.
• the Messenger of Allah (SAW) said:
• ً ‫إن أقربكم مني مجلسا ً يوم القيامة أحسنكم أخالقا‬
• "Verily those who will be closest to me on the day
of judgment are those who have the best morals."
And he (SAW) was asked once about the best assets
that would make a Muslim enter Heaven, he said:
"The fear of Allah and good morals".
• A Muslim businessman and trader should not
indulge in fraud, misrepresentation and unlawful
profiteering.
• The Prophet p.b.u.h. has said:
• " ُ‫ْال ُم ْسلِ ُم أَ ُخو ْال ُم ْسلِ ِم َوالَ يَ ِحلُّ للِ ُم ْسلِ ٍم بَا َع ِم ْن أَ ِخي ِه بَ ْي ًعا فِي ِه َعيْبٌ إِالَّ بَيَّنَهُ لَه‬

• “Muslims are brothers to one another, thus, it is not

lawful for a Muslim to sell a commodity that has a
defect, except that the defect is shown to the buyer”.
• A Muslim employer should treat his employees with
fairness and justice
• and a Muslim employee should serve with honesty and
dedication.
 Usul al-Fiqh
The Emergence of Usul al-Fiqh:
• After the Demise of Prophet saw the revelation stopped.
the Muslims referred to Quran and the Sunnah in order
to find solutions to the new issues problems.
• They resorted to the interpretations of the Quran and
Hadith.
• The interpretation involving use of reason naturally lead
to difference.
• as reasoning is most of the time subjective and differs
from person to person.
• In view of these problems scholars of the first and second
centuries made intensive efforts:
• to articulate the rules of interpretations,
• and introduce some methods that would govern the use of
reason.
• These rules of interpretation and methods of reasoning later
developed to science which is known as Usul al-Fiqh.
• Usul al-Fiqh can be defined as, a body of principles
and methods by which the rules of Fiqh are deduced
from their sources.
• In other words, it:
• is a science which deals with the sources of Shari'ah
and the methods of extracting rules from them.
• It contains the sources and principles of interpretation
and legal reasoning
• that helps the jurists in the process of derivation of the
legal rules of conduct.
• The principles of interpretation are derived from the
Qur'an and Sunnah in accordance with these rules and
methods.
• They include:
• 1- Consensus of opinions (Ijma’), 2- analogy (qiyas),
• 3-Juristic preference (Istihsan), 4- public interest
(Masalih al-Mursalah), 5- presumption of continuity
(Istishab),6- blocking the means (Sadd al-Dharai’),
• 7- customs (‘Urf).
• these methods of reasoning were developed in order
to extend the law to new issues or to provide answers
to new problems.
The meaning of Fiqh
• The word “Fiqh” in the Arabic language, means:
• “understanding” and “ to have the knowledge of
something.
• Technically:
• Fiqh is the knowledge of the practical legal rules of
conduct (‫لعملية‬vv‫ة ا‬vv‫لشرعي‬vv‫ ا‬v‫ألحكام‬vv‫ ا‬derived from specific
evidences in the Quran and the Sunnah
• as well as other specific evidences in Ijma’ and
Qiyas.
• During the time of the Prophet the term Fiqh had the
same literal meaning as Ilm or knowledge.
• covering the whole of religion.
• For instance the Holy Qura'n states:
• “That they may gain understanding (Liyatafaqqahu) of the religion”
• (9: 122). ‫ طَا ِئفَ ٌة‬v‫ ِّم ْنه ُْم‬v‫رْ قَ ٍة‬vvv‫ل ِف‬vِّ v‫ن ُك‬v‫فَ َر ِم‬v َ‫لَ ْواَل ن‬vvv‫ف‬ ۚ َ  vً‫افَّة‬v‫يَنفِرُوا َك‬v ِ‫ون ل‬ ْ ‫ َان‬v‫ا َك‬v‫َو َم‬
َ ُ‫ل ُم ْؤ ِمن‬vv‫ا‬
َ ‫حْ َذر‬vv‫ َي‬v‫ َعلَّهُ ْم‬v َ‫ ل‬v‫َلْي ِه ْم‬vv‫ُ وا ِإ‬v‫ إِ َذا َر َجع‬v‫ ْو َمهُ ْم‬vv‫ل ِّد ِين َولِيُن ِذرُوا َق‬vv‫يا‬vvv‫ُوا ِف‬v‫لِّيَتَفَقَّه‬ ﴿١٢٢﴾
‫ُون‬

• And it is not for the believers to go forth [to battle] all at once. For
there should be from every division a group [remaining] to obtain
understanding in the religion and warn their people when they
return to them that they might be cautious. (122)
•
• The Prophet is also reported to have blessed
Ibn Abas saying: “O God give him
understanding (Faqqiho) in religion”.
• Both, the Quranic verse and the Hadith mean a
deeper understanding of the religion and not
only knowledge of the legal rules.
• However, later the scope of the science of Fiqh was
confined to a more specialized meaning.

• Fiqh as understood today includes various branches of

legal rules on transactions, family matters, offences,
constitutional and international issues, and rules related
to worship or ‘ibadat.
Distinction between Shari’ah and Fiqh
• There is a difference between the terms Shari’ah and
Fiqh:
• The real distinction between Shari’ah and Fiqh is:
• that Shari’ah is the law itself, while Fiqh is knowledge
or understanding of that law.
• In other words , Sharī‛ah refers to Divine guidance as
contained in the Qurān and prophetic traditions.
• Fiqh is what has been gained from the efforts of
scholars after the prophet's (s) demise.
• From the definition it is clear that the term Shari’ah
has a wider meaning than fiqh.
• The term Shari’ah includes both law –Fiqh- and
matters of Faith that is the ‘aqa’id.
 The Objectives of Shari’ah

• The Holy Qur’an describes the purpose of the Prophet’s

mission to be mercy not only to mankind but also to all
of God’s creatures. (21: 107)
• Mercy includes, among other things, protection and
safeguarding people’s interest.
• The Shari’ah aims at safeguarding people’s interest in
this world and in the next.
• God instituted the Shari’ah for the benefit of mankind
both in this word and the next. He has in fact singled out
Maslahah as the only objective of the Shari’ah,
The scholars agree that:
1- there is no injunction in the entire Shari’ah that
does not seek to secure a genuine Maslahah.
2- that all of the commands of Shari’ah aim at
realizing the interest (Maslahah)
3- and that all of its prohibitions are designed to
prevent corruption or harms (Mafsadah) in
various degrees.
 The objectives of Shari’ah:

In Islamic law They are five fundamental objectives:

1- Protection of Din ( Religion)
2- Protection of Life
3- Protection of Lineage
4- Protection of Intellect
5- Protection of Wealth
• The Protection of Din ( Religion) means to protect the
faith of every individual Muslim from negative
influences that may cause confusion and undermine his
faith.
Jihad is prescribed for defending Din, prayer , fasting
pilgrimage and zakah help establish it.
• The protection of life means the prevention of any
harm that may result in the destruction of human life
and the maintenance of good health, while penalties
are provided for those who destroy life without legal
justification.
• The protection of wealth means that wealth should not
go from the hands of its owners without a fair
compensation.
• In order to achieve this objective the Shari’ah
prohibits theft and all other forms of
misappropriation.
• It favour its transfer/ distribution among the members
of the society in a fair way.
• The protection of intellect means the prevention of a
person’s mind from all negative influences that lead to
corruption and preserving it from corrupt behavior.
• the provision of education and healthy conditions for
its growth.
• Islam also prohibited the consumption of alcohol and
other intoxicating substances that destroy the intellect.
• The protection of lineage means the prevention of
all means that stop procreation such as celibacy,
adultery, abortion…
• the maintenance of healthy family life and the
institution of marriage.
• Islam encourage marriage and requires children to
be attributed to their parents
• while penalties are provided for those who would
corrupt it and destroy its values.