SOURCES OF SHARIAH IN ISLAMIC FINANCIAL SYSTEM by Nurul Izzati Marzaidin https://padlet.com/nurulizatti/8cusmh32vtkjbhff NURUL IZZATI BT MARZAIDIN A20B1871 en-us 2021-05-28 22:59:13 UTC 2026-02-17 00:35:52 UTC hello@padlet.com SOURCES OF SHARIAH nurulizatti https://padlet.com/nurulizatti/8cusmh32vtkjbhff/wish/1569943118 2021-05-29 00:37:14 UTC https://padlet.com/nurulizatti/8cusmh32vtkjbhff/wish/1569943118 PRIMARY SOURCES nurulizatti https://padlet.com/nurulizatti/8cusmh32vtkjbhff/wish/1569943467 -Originate from the text of revelation which is called textual sources/ masadir nassiyyah ]]> 2021-05-29 00:37:39 UTC https://padlet.com/nurulizatti/8cusmh32vtkjbhff/wish/1569943467 SECONDARY SOURCES nurulizatti https://padlet.com/nurulizatti/8cusmh32vtkjbhff/wish/1569943684 2021-05-29 00:37:53 UTC https://padlet.com/nurulizatti/8cusmh32vtkjbhff/wish/1569943684 THE QUR'AN nurulizatti https://padlet.com/nurulizatti/8cusmh32vtkjbhff/wish/1569944469
  • Primary source of Shariah 
  • It is speech of Allah SWT
  • It is revealed to Prophet Muhammad (SAW) in its Arabic wordings and meanings
  • It is transmitted to Prophet Muhammad SAW by way of numerous narrators(tawatur)
  • It is inimitable (i'jaz) by human beings, individually or collectively
    • Legal injunctions of the Quran
    • Main source of Islamic Law
    • Detailed and general principles to govern all human activities
    • All jurists refer to Quran in deducing the Shari'ah rulings(ahkam)
    • Distinguish true from false, good from bad and halal(lawful) from the haram(unlawful)
    ]]>     2021-05-29 00:38:42 UTC https://padlet.com/nurulizatti/8cusmh32vtkjbhff/wish/1569944469     THE SUNNAH nurulizatti https://padlet.com/nurulizatti/8cusmh32vtkjbhff/wish/1569944885
  • Second source of Shariah
  • Refers to all that is narrated from the Prophet(SAW), including his actions, sayings and tacit approvals
    • Types of Sunnah
    Sunnah Qawliyyah
    Prophet's wordings or saying to explain specific Shariah ruling (hukm) or to establish the Shariah law
    Sunnah Fi'liyyah
    Defined as the act of the Prophet(SAW)
    Sunnah Taqririyyah
    Defined as the silence of the Prophet(SAW) for certain acts by companion

    Functions of the Sunnah
    1. The Sunnah supports the rulings already stated in the Quran
    2. The Sunnah explains and further elaborates the meanings of the Quran
    3. The Sunnah acts as an independence source of Islamic Law

    ]]>     2021-05-29 00:39:10 UTC https://padlet.com/nurulizatti/8cusmh32vtkjbhff/wish/1569944885     IJMA' nurulizatti https://padlet.com/nurulizatti/8cusmh32vtkjbhff/wish/1569945708
  • Third source of Islamic Law
  • Does not directly partake in divine revelation
  • Rational evidence and a binding proof
    • Requirements of Ijma'
    1. The availability of a number of qualified scholars at the time the issue is encountered
    2. All scholars, regardless of their locality, must reach a consensus on a juridical opinion at the time an issue series
    3. The agreement of the scholars must be an opinion expressed either in verbal or writing

    ]]>     2021-05-29 00:40:01 UTC https://padlet.com/nurulizatti/8cusmh32vtkjbhff/wish/1569945708     QIYAS nurulizatti https://padlet.com/nurulizatti/8cusmh32vtkjbhff/wish/1569945825
  • Fourth source principal source Islamic Law
  • Defined as the extension of a Shariah ruling from the original case or asl, to new case, because the latter has the same effective cause (illah) as the former
  • Discovers and develop the existing law but does not create a new law
    • The pillar of Qiyas
    1. The original case (asl):A case in which its ruling is given in the text (the Quran or the Sunnah) and analogy seeks to extend it to a new case
    2. The new case(far'): A case in which a ruling is needed
    3. The effective cause(illah):Although it is an attribute of the original case, it is found to be commonly shared between the original case and the new case
    4. The rule(hukm): The rule governing the original case is to be extended to the new case
    ]]>     2021-05-29 00:40:10 UTC https://padlet.com/nurulizatti/8cusmh32vtkjbhff/wish/1569945825     MASLAHAH MURSALAH nurulizatti https://padlet.com/nurulizatti/8cusmh32vtkjbhff/wish/1569946044
  • The consideration which secures a benefit or prevents harm, but at the same time, remains harmonious with the aims and objectives of the Shariah
  • Five essential values: religion, life, intellect, lineage and property
    • Conditions for the validity of Maslahah
    1. Maslahah must be genuine(haqiqiyyah)
    2. Maslahah must be general (kulliyah)
    3. Maslahah must not be in conflict with a principle or value which is upheld by the Quran, the Sunnah or Ijma'  
    ]]>     2021-05-29 00:40:26 UTC https://padlet.com/nurulizatti/8cusmh32vtkjbhff/wish/1569946044     ISTIHSAN nurulizatti https://padlet.com/nurulizatti/8cusmh32vtkjbhff/wish/1569946330
  • Legal principle which authorises departure from an established precedent in favour of a different ruling for a reason stronger than the one which is obtained in that precedent 
  • Formulate a decision which sets aside an established analogical reasoning for a reason justifying such a departure and seeks to uphold a higher value in the Shariah 
    • ]]>     2021-05-29 00:40:44 UTC https://padlet.com/nurulizatti/8cusmh32vtkjbhff/wish/1569946330     ISTISHAB nurulizatti https://padlet.com/nurulizatti/8cusmh32vtkjbhff/wish/1569946469
  • Indicates the facts, or rules of law and reason, whose existence or non-existence had been proven in the past are presumed to remain so for the absence of evidence that establishes any change
    • Principles Istishab
    1. The original ruling for everything is permissibility
    2. The original ruling is that a person is free from any liability
    3. Certainty is not overruled by doubt
    ]]>     2021-05-29 00:40:56 UTC https://padlet.com/nurulizatti/8cusmh32vtkjbhff/wish/1569946469     'URF nurulizatti https://padlet.com/nurulizatti/8cusmh32vtkjbhff/wish/1569946669
  • Defined as what people collectively recognise and practise regarding words and actions to either be done or avoided
    • Conditions of a valid 'Urf
    1. 'Urf must represent a common and recurrent phenomenon
    2. 'Urf must also be dominant in the sense that it is observed in all or most of the cases to which it can apply
    3. The custom must be in existence at the time the transaction is concluded
    4. The custom must not be contravene the clear stipulation of an agreement
    5. The custom must not be in conflict with Quran or the Sunnah
    ]]>     2021-05-29 00:41:09 UTC https://padlet.com/nurulizatti/8cusmh32vtkjbhff/wish/1569946669