Shari’ah Flashcards

Quran was learnt + understood by companions without grammar

Companions witnessed he Prophet’s Sunnah (SAW) + shared what they learnt

Sahabah were in various parts of the Muslim world + various people would ask them for guidance

they would refer back to the Quran, Sunnah + Itjihad for their answers

First attempt to compile fiqh, scholars received knowledge from the Sahabah + Hadith

Entire Sunnah was compiled and collected.

Hadith was collected by the great Imams (Bakhari, Muslim, Malik)

Four major Madhabs survived without broken transmission to present day.

Itjihad beyond the Madhab was dropped

Comparative fiqh was created

Someone who is considered accountable / morally responsible.

Must have reached pubescent, be sane + received the message of Islam

Aims to teach sincerity

It is the foundation of all acts of worship which is the main purpose of humans

The main goal of a Muslim should be to get their intentions correct

“I have created not Jinn and mankind that they should worship me.” → Quran 51:56

Aims to teach tolerance and respect

Shari’ah has an open-minded approach to customs and cultural norms

Custom must be presumed acceptable until proven otherwise

Aims to teach Muslims to have a good opinion about everything

Creates a positive mindset to deal with challenges in life

Things should be presumed permissible until proven otherwise

Hardship should be removed and replaced with something better. E.g using alternatives such as shortening prayers when travelling a certain distance

Important for new/converted Muslims, the transition should be gradual + undemanding

Aims to teach Muslims to identify harms and remove them

There is no justification for ignoring or tolerating harm

“Harm will not be done to others, nor will harm be responded by harm.” → Hadith

Matters will be judged by their purposes

Certainty will be overturned by doubt

Hardship must be alleviated

Harm must be removed

Custom has the weight of law

Preservation of religion

Preservation of life

Preservation of intellect

Preservation of family & honour

Preservation fo wealth & property

Creation of lawful wealth, growth & protection

Islam does not allow Muslims to obtain property wihtout a legitimate reason or proper paperwork.

God has created laws to regulate transactions between people

Everything essential to the welfare of the family

Guarding against social evils is seen as a necessity

“Those who slander chaste women, indiscreet but believing, for them is severe chastisement (punishment).” → Noor:23

Ensuring that we do not place ourselves in harms’ way as well as assisting others

Islam puts a large emphasis on the sanctity of life + forbids killing or inflicting pain on another human being

“whoever kills a human being for other than manslaughter or corruption in earth, it shall be as if he had killed all mankind.” → Maa’idah:32

We should continuously seek knowledge + improve our intellectual capacity

Requires safeguarding our minds from anything that might harm the ability/function of it.

Ensuring our families are equipped with enough religious knowledge.

This is so our Muslim identity will be preserved no matter what

“And do not abuse those who call upon others beside Allah.” → Al-an’am:108

Seen as the rules of conduct

Embody the spirit of the Islamic law

Maqasid are the objectives of the Shari’ah

Maxims are the rules of conduct

Analytical reasoning

includes deriving new laws from old ones

Quran → Word of god

Sunnah → Actions & Sayings of the Prophet (SAW)

Ijma → Agreement of Scholars

Qiyas → Comparing / Analogy

Explains the origin and nature of Islamic Law as well as the structure of its legal system

Usul-ul fiqh has been defined as the principles used by the jurists to deduce the practical Shari’ah ruling from their sources

The purpose of Usul-ul fiqh is to regulate the process of Itjihad (process of making a legal decision)

The messenger (SAW) desires only what Allah desires and speaks not from his own wish.

Abdullah bin ‘Amr said he would record Hadith until the Quraysh discouraged him. When he said this to the Prophet (SAW) he replied: “Write! By He in whose Hand is my soul, every word that comes out of me is the truth.”

Tanzihan = An act without punishment (closer to mubah)

Tahriman = Lack of completing an act (closer to haram)

Applying yourself and applying your knowledge of Islam to arrive at a decision / legal ruling

Chain of transmitters

Hanafi

Shafi

Maliki

Hanbali

Can be viewed as assuming the word of Allah (SWT)

Muslims should not derive legal rulings based on assumptions + refer to the sacred text

Seek full equality of men and women in the personal + public sphere

They consider halal women wearing bikinis + hijab optional

“And according to usage, women too have rights over men, similar to the rights of men over women.” → Quran 2:228

Quranists reject the Hadith + follow Quran only

Their argument includes: Hadith is not mentioned in the Quran as a source of Islamic theology & it contains internal errors + contradictions

Rely on re-interpretation of traditional Islamic scriptures such as Quran, Hadith & Process of Itjihad

Some reformers wanted to abandon taqlid and emphasise Itjihad

Some Muslims have made new versions of Itjihad which emphasises moral values over traditional methods

An act without the promise of punishment. Closer to Mubah (unlawful)

E.g. wasting water whilst performing Wudhu

Abstaining from an act that contains speculative proof. Closer to haram

E.g. delaying Asr prayer until the sun changes its colour

Makruh = to dislike/detest. It refers to an act that is disliked within Shari’ah & Sunni and Shia Islam

Two types are: Makruh Tanzihan & Makruh Tahriman

A narration from Ibn Umar, of a man who asked the Prophet (SAW) if he eats lizards. He said that he would not eat it but it is not prohibited, This shows that if it was prohibited, he would have said so and that it was just his personal preference.

If one jurist declares something as Makruh, it does mean that it is accepted by Shari’ah. It is just the belief of one jurist.

The Prophets and messengers of God were only sent to convey the religion. The personal disliking of the Prophet Muhammad (SAW) does not form Shari’ah.