Objective of

Islamic Law
(BF2306)
Dr Kamaru Salam Yusof (Sem 2, 2020/2021)
Faculty of Islamic Economics and Finance
Sultan Sharif Ali Islamic University, Brunei Darussalam
 Things to consider
1. Arabic term vs english term (Maqasid etc…)
2. Your role – to understand, lecturer role – help
you to understand.
3. On time – (lecture, tutorial, quizzes, submit the
assignment/ video)
4. Attendance – must and record - bar
5. Switch off your fon and tablet (except..)
6. Eat and drink – if need and not disturb others!
7. No notes given
 Our course
• Lecture
• U can ask
• Group mail (Telegram. Whatapps? Sorry after 8 feb)
• Reading material (from the Library and Internet)
• Library & Internet research
• Quiz (weekly – pls register to gooleclassroom code
3ohozy6)
• Presentation (recording youtube link)
• Test – mid sem
• Exam (60%)
 Aims
•To provide students with the correct
perspective on the nature and
applicationof Shari’ah values in
business and financial transactions.
•Upon completing the course, the
students will be able to utilize the
rules and guidelines of Shari’ah in
the right perspective.
 Contents
•The course analyses the theory and application of
the rules and guidelines of the Shari’ah based on
the objectives of Shari’ah(maqasid al-Shari’ah)
•The topics discuss the possible utilization of ijtihad
and maqasid as discussed and developed by the
early Muslim Juristconsults
•To evaluate the application of business
transactions in the contexts of contemporary
socio-economic problems.
 Topics (1)
1. Intro to Shariah; definition, nature and its
characteristics and sciences related to
Shariah – 1 week
2. Intro and theory of Maqasid Shariah;
definition and explanation and also history
of Maqasid – 1 week
3. Maqasid inside Al-Quran and Sunnah – 1
week
4. Derivation of Maqasid – how? – 1 week
 Topics (2)
5. Contradiction of maqasid – 2 week
6. Classification of Maqasid & how the shariah
preserved it – 2 weeks
7. Ijtihad; Intro, theories, history & stages of
Ijtihad – 2 weeks
8. Legal maxim and maqasid – 2 week
9. Maqasid in Business transactions – 1 weeks
10.Applications of maqasid in contemporary
socio-economic problems: case study - 1
weeks
References
 Session # 1
Introduction
What you have to understand from this
session?
1. What is the general idea of maqasid and what is
shariah?
2. The definition for shariah and the relation with
maqasid
3. What is the characteristic of shariah in Islam?
4. What is the differences between Islamic Shariah
and human made law?
5. What is the sciences in Islam related to the
Maqasid of Shariah and what is the relation?
What is maqsad? What is shari’ah?
•The dialog between father and son at
street/road junction
•In everythings – uni, faculty, dress,
food, brand of mobile etc
•What is shari’ah?
•Definition
•The sources
•The coverage
•The characteristics
•The differences between shariah and fiqh
 ‫‪‘Shariah’ in the Quran‬‬

‫ﺷِرﯾﻌٍَﺔ ِﻣَن‬ ‫ﻋﻠَﻰ َ‬ ‫ﺛ ُﱠم َﺟﻌَْﻠﻧَﺎَك َ‬

‫اْﻷ َْﻣِر ﻓَﺎﺗ ﱠﺑِْﻌَﮭﺎ َوَﻻ ﺗ َﺗ ﱠﺑِْﻊ أ َْھَواَء‬
‫‪45:18‬‬‫اﻟﱠِذﯾَن َﻻ ﯾَْﻌﻠَُﻣوَن‬
 ‫‪‘Syir’ah’ in the Quran‬‬
‫ْ‬
‫ﻋﺔ َوِﻣﻧَﮭﺎًﺟﺎ‬ ‫ً‬ ‫ﺷْر َ‬ ‫ِﻟﻛٍُّل َﺟﻌَْﻠﻧَﺎ ِﻣْﻧﻛُْم ِ‬
‫ﺷﺎَء اﱠ;ُ ﻟََﺟﻌَﻠَﻛُْم أ ُﱠﻣﺔً َواِﺣدَةً‬ ‫َوﻟَْو َ‬
‫َوﻟَِﻛْن ِﻟﯾَْﺑﻠ َُوﻛُْم ﻓِﻲ َﻣﺎ آﺗ َﺎﻛُْم‬
‫ﻓَﺎ ْ‬
‫ﺳﺗ َﺑِﻘ ُوا اْﻟَﺧْﯾَرا ِ‬
‫ت‬
‫‪5:48‬‬
 ‫‪Syariah briefly‬‬
‫اﺳ م ا ﻟ ﺷ ر ﯾ ﻌ ﺔ و ا ﻟ ﺷ ر ع‬
‫و اﻟ ﺷ ر ﻋ ﺔ ﯾ ﻧ ﺗ ظ م ﻛ ل ﻣ ﺎ‬
‫ﺷ ر ﻋ ﮫ ﷲ ﻣ ن اﻟﻌ ﻘ ﺎ ﺋ د‬
‫و اﻷ ﻋ ﻣ ﺎل‬
 Meaning of sharia
•Literally : "path" or "way“, road
to watering place, straight path
•Technical:
•System of law/ message to any
prophets.
•Laws and commandments / way of
life
 Coverage
•Cover:
•Commands (examples)
•Prohibitions (examples)
•Guidance (examples)
•Principles (examples)
 Sources of shariah?
•Quran
•Hadis
?? Why only two??
Why not al-maqasid al-fiqhiyyah?
 Nature of Shariah
•Shariah consists ……
•The Shariah is meant for
two different worlds
Characteristics of
Shariah
 Characteristics of Shariah
1. Rabbani (divining origin)
2. Comprehensive
3. Universal and general
4. Balance and moderate
5. Fix and flexibility
1: Rabbani (divining origin)
Two classifications:
1. Rabbani in aims and motivation
(intention)
•Ibadah (52:56)
•Khilafah (2:30)
2. Rabbani in sources and way of life
•The way to apply
•The role of the prophet?
2: Comprehensive (Shumul)
•Everythings (at the time of the Prophet until
qiyamah)
•Every parts of human live
•Every single parts in Islam are complete by
itseft.
•Every single parts in Islam are integrated
each other.
Syamil/syumul, Kamil & Mutakamil
3: Universal and general
•Last revelation – for All
•No change and abrogation - final
•Two type of hukm:
•General and principle (Shura,
similarity, justice etc)
•Specific and detail (Aqidah, Ibadah,
Family, Hudud etc)
 4: Balance and moderate
1. Balanced between 2 things (In every part
of Islam):
a) Ibadah and Syiar (eg?)
b) Material & spiritual (eg?)
c) Syariah and it’s Law (eg?)
d) Individual & society (eg?)

Balance in aqidah? (eg?)

Balance & moderate (parts of Islam)
• Aqidah:
• Logic and acceptable
• No extreme (communist and hindus)
• Childs of God and Prophets of God
• Ibadah
• Balanced in time
• Spiritual and society
• Law (Halal and Haram)
• Food
• Family
• Between individual and society
 5: Fix and flexibility
•Fix & Flex
•aim & objective vs means and technic
•Principle vs partials
•value and akhlaq vs dunya and
sciences.
•Fix in Al-Qur’an
•Human – still have part of fix & flex
= maintain through generation.
 Fix and Flex in Islam
•Definitive and speculative
•Fix = Aqidah, main Ibadah, some
prohibitions, akhlaq, family’s law.
•Flex = most of the muamalat (Finance/
Economy/ Politic/ Education etc).
•The sources of Shariah – Quran,
Sunnah and other sources.
 Your role !
Refer to the book: Ciri
Khusus Islam in Google
Classroom
Differences; Shariah & Human Law
1. Relation – human and Allah
2. Not just to solve the dispute between
human but to build strong relationship.
3. Not just command and prohibition but
sunnah and makruh etc.
4. Sources
5. Roles of jurist
6. Etc
Differences between shariah & fiqh
•Shariah is the whole divine law and values as
given by Allah, whereas fiqh is the laws
extracted by Muslim jurists from the sources
of Islamic law.
•Fiqh contains human involvement which is
required as juristic interpretation.
•The term “Islamic law” refers to fiqh, and can
be used as well to describe Shariah in the
general meaning.
 Other sciences related (1)
•Fiqh - "deep understanding" or "full
comprehension“ à the body of Islamic
law extracted from detailed Islamic
sources. Example?
•Usul Fiqh : fundamentals of Islamic
Jurisprudence à the study of the
origins, sources, and principles upon
which Islamic jurisprudence (or Fiqh) is
based. Example?
 Other sciences related (2)
•Qawaid Fiqhiyyah : Islamic Legal
Maxim is a general rule which
applies to all of its related
particulars or Principles derived
from consolidated reading on
various rules of fiqh regarding
various themes. Example?
 Sources

Y? How?
U.F
M.S

Fiqh

Q.F