PSL 0012

INTRODUCTION TO SYARIAH LAW

TUTORIAL WEEK 2: CHAPTER 1

1) Explain the definition of Syariah based on the perspectives as follows:

(a) Literal Meaning

(b) based on Scholars
(c) based on Al-Quran

Support your answer with relevant authorities.

(a) Literal Meaning

Syariah is derived from the word “syara’a” which in Arabic means “the
way”, as according to Al-Quran (45:18), Allah stated that there is an ordained
way about religion. Moreover, Syariah can be defined as “the path leading to
the water”, which is the way to the very source of life and means the way
Muslims are to live as according to Al-Quran (5:48), Allah stated that it is to us
that He prescribed a law and a method. Furthermore, according to Al-Quran
(42:13), Allah stated that he has ordained us a religion and Allah chooses for
himself whom He wills and guides to Himself whoever turns back to him.
Literally speaking, Syariah is the guidance, the teachings, the rulings and the
way of life. Allah s.w.t also sent through His Messengers for humanity to attain
success in this world and hereafter.
(b) based on Scholars

There are several scholars which defined Syariah based on their perspective.
The first scholar is Omar Solaiman Al-Ashqar. According to Omar Solaiman
Al-Ashqar, Syariah has several meanings which are the beginning or the start of
something, clarity and obviousness, a path to a source of water, the clear way or
path to reach something. The second scholar is Izzaddin Abdassalam.
According to Izzaddin Abdassalam Syariah is based on two principles, which
are Jalbal Masalih which means to accrue benefit and Dar’ul Mafasid which
means to avoid or ward off harms. The third Scholar is Ibnu Qayyim al-
Jawziyyah. According to Ibnu Qayyim al-Jawziyyah, the Shariah aims at
safeguarding people’s interest in this world and the next; ‘In its entirety, it is
justice, mercy and wisdom.’

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 (c) based on Al-Quran

There are nine Quranic description on Syariah. The first one is Islamic Law
calls human to believe in the Oneness of Allah (subhanahu wata’ala). According
to Al-Quran (5:44) It was stated that “Indeed, We sent down the Torah, in
which was guidance and light. The prophets who submitted [to Allah] judged by
it for the Jews, as did the rabbits and scholars by that with which they were
entrusted of the Scripture of Allah, and they were witnesses thereto. So, do not
fear the people but fear Me, and do not exchange My versus for a small price.
And whoever does not judge by what Allah has revealed – then it is those who
are the disbelievers”. Whereas Al-Quran (2:2) states that: “This is the Book
about which there is no doubt, a guidance for those conscious of Allah”. This
means that the law comes from Allah (subhanahu wata’ala). By believing in the
oneness of Allah (subhanahu wata’ala), humans are responsible to implement
the law. Human beings do not have authority to amend or change the law. They
must follow and obey the law.
The second Quranic description on Syariah is educating the individual
(Tahdhib al-Fard). The primary focus of Islam is on the individual in the sense
that it inspires the believer with faith and instils in him the qualities of being
trustworthy and righteous. It is through reforming the individual that Islam aims
at achieving its social goals as according to Al-Quran (29:45), it is stated that:
“Recite. [O Muhammad], what has been revealed to you of the Book and
establish prayer. Indeed, prayer prohibits immorality and wrongdoing, and the
remembrance of Allah is greater. And Allah knows that which you do.”
Whereas according to Al-Quran (1:5), it was stated that: “It is You we worship
and You we ask for help.” Here we do not use the word ‘I’ but ‘we’ to show
that the prayer not only concerns the individual but well-being of the
community as a whole. Prayer is being considered as Wajib. There are several
benefits of prayer. The first is to promote punctuality. This is because there is a
definite time in which to discharge the obligation of prayer and the purpose of
observing punctuality is to educate the individual. Next is facing Ka’abah. This
is a social education to all people to face the same direction. Moreover,
performing prayer in congregation nurtures a unitied purpose, equality and
solidarity among worshippers as well as facilitating social encounter in a
peaceful environment. And finally, the prayer ends by uttering the phrase,
‘Peace and blessing of God to His worthy servants’: a declaration of goodwill
towards one’s fellow human beings.

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 The third Quranic description on Syariah is Justice (‘adl). According to Al-
Quran (57:25), it is stated that: “We have already sent Our messengers with
clear evidences and sent down with them the Scriptures and the balance that the
people may maintain [their affairs] in justice. And We sent down iron, wherein
is great military might and benefits for the people, and so that Allah may make
evident those who support Him and His messenger’s unseen. Indeed, Allah is
Powerful and Exalted in Might.” This means that justice must be implemented
fairly, equally, transparently and without any bias. ‘Adl literally means placing
things in their right places where they belong. According to Islam it is the act of
fulfilling rights and obligations and by eliminating excess and disparity in all
spheres of life.
The fourth Quranic description on Syariah is Consideration on public interest
(Maslahah). According to Al-Quran (2:256), it was stated that “There shall be
no compulsion in [acceptance of] the religion. The right course has become
clear from the wrong. So, whoever disbelieves in Taghut and believes in Allah
has grasped the most trustworthy handhold with no break in it. And Allah is
Hearing and Knowing.” This means that the principal objective of the Shariah is
realization of benefit to the people concerning their affairs both in this world
and the hereafter. Al-Ghazali points out, are always related to the protection of
the five essential interests (Maqasid As-Syariah): religion (Deen), life (nafs),
honour (nasl/nasb), property (maal) & mind (‘aql).
The fifth Quranic description on Syariah is Emphasis on Syura Consultation.
Islamic law also contributes the importance of syura. It is a system of Allah
(subhanahu wata’ala) that guarantees to guarantee harmony and prosperity of
the people. Allah (subhanahu wata’ala) had ordered Muslims to practice syura
in all aspects of human life as according to Al-Quran (3: 159), it is stated that:
“So by mercy from Allah, [O Muhammad], you were lenient with them. And if
you had been rude [in speech] and harsh in heart, they would have disbanded
from about you. So, pardon them and ask forgiveness for them and consult them
in the matter. And when you have decided, then rely upon Allah. Indeed, Allah
loves those who rely [upon Him].
The sixth Quranic description on Syariah is Freedom. Freedom is something
which in line with the human nature (fitrah). Islamic law recognizes and
acknowledges the human freedom but within boundary of Islamic teachings but
there is no ‘absolute freedom’ in Islam because it is only belonged to Allah
(subhanahu wata’ala), as based on Al-Quran (67:15), it was stated that: “It is he

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who made the earth tame for you – so walk among its slopes and eat of His
provision – and to Him is the resurrection.”
The seventh Quranic description on Syariah is Equality. Islamic law gives
high concern on equality among individual. There is no difference among
individual in the eye of Allah (subhanahu wata’ala) and his law except
piety(taqwa). Islamic law also looks at individual equally without considering
their family lineage, tribe, skin colour, title etc. If someone has found guilty in
the eye of the law, be it family members of a judge who judges the case, or
relative, or friend and etc, hence the person is guilty as according to Al-Quran
(49:13), it was stated that:“O mankind, indeed We have created you from male
and female and made you peoples 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.”
The eight Quranic description on Syariah is Shariah is the guidance given by
the Creator of this Universe. According to Al-Quran (5:50) it is stated that:
“Then it is the judgement of [the time of] ignorance they desire? But who is
better than Allah in judgement for a people who are certain [in faith].” This
means that ff humans themselves create their own laws and regulations that
would not take them to the right path. Ignoring Allah (subhanahu wata’ala)’s
guidance will never be accepted in Islam. Therefore, to become a proper
Muslim and Allah’s real servant we must follow and apply the laws of Shariah.
The ninth Quranic description on Syariah, reality of life in this world and
hereafter. The necessary, supplementary, and voluntary principles within
Syariah is: all seek to promote its primary objective: to achieve benefit. In its
broadest sense, benefit encompasses this life and afterlife, the individual as well
as the society, the present and the future. Human intellect requires the
comprehensive knowledge and guiding wisdom of God to achieve this benefit
in its entirety. Indeed, God has ordained Shariah for the benefit of His creatures
and it exemplifies His Mercy. The very purpose of Shariah is to facilitate the
individual and the community to establish a relationship with God and one
another. Its rules and regulations are designed to benefit and protect all
members of the society, as based on Al-Quran (45:26) , it is stated that: “Say,
Allah causes you to live, then causes you to die; then He will assemble you for
the Day of Resurrection, about which there is no doubt, but most of the people
do not know.”

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