This document provides an overview of the sources of Islamic law and jurisprudence methods. It discusses the main sources (Quran, hadith, ijma, qiyas) and additional sources (urf, masalih mursalah, istihsan, istishab). It also covers the objectives (masqasid) of Islamic law in preserving religion, life, intellect, lineage, and wealth. The document notes that Islamic rulings consider intention and remove difficulties. It concludes that the sources of Islamic law are the definitive sources, additional sources, and fiqh rules.
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Chapter 2: The Sources of Islamic Law and Jurisprudence Methods
1. Chapter 2: The Sources of Islamic Law and
Jurisprudence Methods
By: Mohd Adib Abd Muin
Islamic Business School (IBS), UUM
2013
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Business
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2. Sources of Islamic law and
jurisprudence methods
Table of Content
Introduction
Sources of Islamic Law
Evidance of qat’ei
Evidence of Zanni
Masqasid Al-shari`ah
Fiqh Rules
Conclusion
Refrence
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3. Introduction
Islam is a religion that teaches its followers
have high moral standards means that
ultimately brings happiness in this world
and the hereafter
to provide guidance for all human action
or practice is in accordance with the will
of God, then the scholars have agreed
that there are four main sources of Islamic
law that is al-Qur'an, hadis, ijmak, and
qiyas.
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4. Sources of islamic law
a. Main source of Islamic Law
(Evidence of Qat'ei)
b. Additional Resources or Legal
Side of Islam (Evidance of Zanni)
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5. Evidance of qat’ei
1. Al-qur’an
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knowledge Islamic law manners rules Supernatural news
news that has
happened, now, and
future
the importance of al-Qur'an
“Alif, Laam, Mim, thus al-Qur'an that there is no
doubt about it, it is a guide to those who
believe. "(Surah Al-Baqarah 2:1)
6. 2. Hadis
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hadis
in words
in the
nature
In
behavior
In act
in the
journey
of life
Legality of the Qur'an, as the word of God that says:
"And any other instructions that are carried by the
Messenger assigns to you will take it and apply it, and
whatever he forbids you, abstain prohibitions.“ (Surah Al-
HASYR 59:7)
7. 3. Ijmak
mujtahid scholars deal
Rule of ijmak :
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all mujtahid scholars agree on Islamic law on the
problems associated
the existence of a number of scholars at the
time of mujtahid a problem or matter
all scholars agree on the law
involved mujtahid
scholars agree mujtahid scholars
mengeuarkan their views firmly, whether in
the form of word or deed, either alone or in
groups
8. 4. Qiyas
Comparison between :
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the new
problem
The exist
problem
9. 4 pillars of qiyas:
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origin of the problems listed above player
medals ruling in the Qur'an, Hadith or consensus
as sickle liquor ordinance in the Holy Qur'an.
original ruling of Islamic law in the problems
explained in one of the sources of law such as
illegal alcohol
branch or furu 'of the problems described in one of the
sources of law in the Qur'an, the Hadith, and consensus.
illah or illat, the nature of the form reasonable cause birth
original law just like the law furu 'or new
10. Evidence of Zanni
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Uruf
Masalih al-
MursalahIstihsan
Istishab
11. MASQASID AL-SHARI`AH
The goal or purpose of the law of God be secret.
The importance of knowing Masqasid al-Shari'ah is to
understand the Islamic texts and applied to the new
problems arise mainly mujtahid
There Masqasid al-Shariah in relation with human
have five things :
1. Hifzud din = preserve religion
2. Hifzun nafs = preserve soul / life
3. Hifzul `aql = preserve common sense
4. Hifzun consanguinity = preserve offspring
5. Hifzul mal = preserve propety
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12. Fiqh Rules
1. Each item assessed based on intention
2. Confidence Not Lost In Doubt
3. Difficulty Bringing Facilities
4. Become customary law
5. hazards must be eliminated
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13. Conclusion
Sources of Islamic law is divided into 3
parts :
Evidance of qat’ei
Evidence of Zanni
Fiqh Rules
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14. Refrence
• Al-Quran
• Al-Bakri, Z. (2011), “Kewangan Islam
Dalam Fiqh Syafi’I”, IBFIM, Kuala Lumpur
Syed Mohd Ghazali Wafa Syed Adwam
Wafa, Muhammad Nasri Hj. Md.
Hussain & Mohd. Hizam Hanafiah.
(2003). Pengantar Perniagaan Islam.
Kuala Lumpur: Prentice Hall (M) Sdn.
Bhd
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