Question and Answer by SAHIDA BINTI SAFUAN

Question and Answer by SAHIDA BINTI SAFUAN https://padlet.com/sahidasafuan/sad44elyrohcgsy6 Introduction to Islamic Law en-us 2020-06-01 00:03:35 UTC 2023-04-12 11:31:13 UTC hello@padlet.com https://padlet.net/icons/png/1f60e.png sahidasafuan https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/603822931 Assalamualaikum students, this padlet shall be the medium for Question and Answer. You can asked anything regarding sources of Islamic Law here. Do not ask via whatsapp as i might miss your question.]]> 2020-06-01 00:07:38 UTC https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/603822931 https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/604310597 Assalamualaikum Madam, I'm Alif Halimi from 306, as referred to the attached articles written by Muhd Amanullah revolve around the issue of the feasibility of conducting Ijma', I humbly ask for further clarification on the very last statement on page 12 which state between 2 opinion from mujtahid, the later can choose either one but not the 3rd opinion, what does it means by "3rd opinion?'' Does it means they cannot perform their own Ijtihad? My second question would be, as we are abide by islamic legal rulings, does the formation of Fed Con is aligned with Islamic understanding, which is can be acceptable by the ijtihad of our scholars, as I aware that even our scholar is upholding the principle of Constitution. Thank you.]]> 2020-06-01 08:24:04 UTC https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/604310597 sahidasafuan https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/610329808 Thanks for the question Alif'
1. The third opinion here refer to the "new ijtihad". The Mujtahid only allows to choose either to follow the majority or minority opinion. They are not allowed to create their new third opinion.

2. If we look into the history of the formation of our federal constitution, much emphasis is given to the rights of Malay who profess the religion of Islam. As long as the federal constitution does not go against the Islamic rulings, we are free to follow it.]]> 2020-06-04 06:45:22 UTC https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/610329808 https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/610482991 Assalamualaikum madam. I'm Aqil Danish from Section 308. I have a question, what is the differences between saad al-Dhara'i and muqaddimah? The examples that have been given in the book quite difficult for me to understand. Thank you madam.]]> 2020-06-04 08:19:53 UTC https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/610482991 sahidasafuan https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/610559019 Thank you for the question Aqil. By the way this topic will not be covered under our syllabus. Anyhow, i m glad to answer it for your future reference when u learn it in Gombak.

Muqaddimah meas the mean/way or action that you have to do in order to achieve something. For instance, wudu' is the maqaddimah of prayer. You must perform wudu' in order for your prayer to be accepted.

Saad all dharai means blocking the means to evil. In order for the evil to be committed, it must start with the mean or muqaddimah. For instance, a person travel from his house to his friend house with the intention of committing theft (for instance: stealing his motorbike). The muqaddimah ie the travelling part is permissible. But when combine it with the intention of stealing, then the traveling is prohibited. Because we want to block his plan ie to steal the motorbike.

Another example adultery can lead to evil or negative effect such as intermix of linage. Thus in order to avoid this evil, Allah prohibited the act of adultery.

Hope the explanation clear.

]]> 2020-06-04 09:02:09 UTC https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/610559019 https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/610879056 Assalamualaikum madam😀...im khairunnajwa from section 311,,,i would like to ask what is the difference between ijma and ijtihad?,,,sorry madam im quite confused.

Wsalam, ijtihad is the method of conducting ijma'. In order to deduce the fiqh rulings via ijma", the mujtahid need to excercise his personal reasoning or ijtihad.]]> 2020-06-04 12:36:00 UTC https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/610879056 https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/610884882 Assalamualaikum mdm. I'm Maisarah from Section 311. I want to ask 2 questions.

1. There are 3 types of ayatul ahkam.
First is ahkam al mujmal that the quran doesnt provide detailed rules and hadith will elaborate details of the commandment.
Second, ahkam al mufassal which the the commandments are completed with details in the Quran.
Third, the ahkam al mujmal wa almufassal which AlQuran mentioned brief commandments and hadith & ijtihad will elaborate further details about the commandments. I just want to check my understanding. Does the difference between ahkam mujmal and ahkam mujmal wa mufassal only on the source of elaborations? Ahkam mujmal elaborated by hadith while ahkam mujmal mufassol elaborated by hadith and ijtihad.

For ahkam mujmal muffassol, the quran provide detail as well as brief injunction regarding one topic. In other word, for instance in the topic of jihad, some quranic verse mention it in detail while some may only mention about jihad in brief. Thus, sunnah n ijtihad may be used to reveal the objective of the verse.

2. I just want to know, is it possible for Malaysia to ban wine? How about the non-muslims right to drink the wine?

Referring to the legal system in Malaysia, any law is possible if possible if it get 2/3 majority vote in the parliament.

Thankyou mdm 😊]]> 2020-06-04 12:39:18 UTC https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/610884882 https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/610982754 Assalamualaikum madam, I'm Azra Hazirah from section 306, I actually want to know how this topic will be approach? The reason is that in the subject Islam Revealed Knowledge that we took on sem 2 have the exact same topic. I'm afraid that I will be confused and mix up both approaches. Thank you.

More or less it is same but we are looking more into the legal aspect (ie how the sources of Islamic law can be utilized in deducing hukum which later can be the foundation of our legal system)]]> 2020-06-04 13:25:31 UTC https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/610982754 https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/610983772 Assalamualaikum Madam Sahida, I am Nurul Ain Mardhiyah from section 311, I have 2 questions to address. 1. There are 4 roles of the Sunnah with regards to the Qur'an. However, I am a little bit confused of what is the difference between the second role and third role? Since, reflecting on my understanding, both of them explained and specified certain general injunctions of al-Qur'an which related to quantity or amount of something.

There is a slight different between no 2 and 3. The third role is focused on the lafz (word use in the quran). The general (mutlaq) lafaz in the quran will be specified (muqayyad) by the sunnah.

2. What is the different between Sunnah and Hadith? I am sorry madam this is a bit confusing for me.

Sunnah is the action and saying of the prophet while hadith is the narration (by the companion) of the said action of the Prophet.

Thank you, Madam. Regards. ]]> 2020-06-04 13:25:59 UTC https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/610983772 https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/611101311 Assalamualaikum madam, I am Sofia from section 311. I want to ask 2 question regarding on the articles written by Amanullah.

1) when conducting Ijma', why does the Mujtahid around the world must be included? For example, Let's say if in Malaysia, has issues on smoking. Does it mean all the mujtahids around the world must be included? and if the issues has been solved, does the ijtihad applicable to all muslim countries?

The definition of ijma is the consensus of all mujtahid living in the particular period. Thus, all mujtahid from all around the world must be included in deducing ruling based on Ijma'. Smoking is a general issue which happen all around the world.

2) What is the difference between qat'i and zanni.

Qat'i is a clear injuction. No need for Ijtihad. While zanni is the speculative one that need further ijtihad to understand the verse.

Thank you, Madam

]]> 2020-06-04 14:17:00 UTC https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/611101311 https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/614304695

Assalamualaikum madam, my name is A’isyah from section 306. Madam, I have questions about Pre-Islamic Period (Jahiliyyah).

1) There was no written constitution during the Jahilliyah times right madam? Does that mean that now the Saudi Arabia has their written constitution that is based on Quran and Sunnah?

Every independent country has a constitution. You can refer to https://www.legal-tools.org/doc/8942f2/pdf/

2) Madam, does istibadah marriage means the husband wants to keep his virginity, so the wife sleeps with another man just to have a child. Is it like that? I’m sorry I’m a bit confused.

It is a way to down grade women where a man can instruct any man to sleep with his wife.

3) In the slides stated that Islam removed every corruption that is harmful but the corruptions nowadays are no different like the ones in Jahiliyyah times, right madam?

It could be worst than the jahiliyyah period

4) Now, we cannot say that the contemporary jahiliyyah happens because it is based on lack of knowledge which means that we cannot compare during the pre-islamic times because there was no revelation and prophets to guide the jahiliyyah people, is it correct madam?

Contemporary jahiliyah could be worst as we have the knowledge but we neglect it.

That’s all madam. Thank you.

]]> 2020-06-06 15:03:38 UTC https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/614304695 https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/618057717 Asslamualaikum madam. I'm Aqil from Section 308. I want to ask madam regarding the gradation of the Al-Quran. The main purpose of the gradation is to facilitate the Muslims in learning and implementing the commandment of Allah and Rasulullah S.A.W. . My question is, can we use this method to implement Islamic Law in one's country to facilitate the Muslims?

The answer would be very subjective. Back then during the period of jahiliyyah, the arabs were very accustomed to their jahiliyyah practices. Thus gradation is very important in introducing the Islamic injunnction so that people will get use to it.
If you want to introduce Islamic Law nowadays gradually, in my opinion, it defeat the purpose because all the Islamic injunction are complete with the revelation of last wahyu. So Muslim now must accept all the ruling not just part of it. As the wahyu is complete, one cannot choose which one that they want to apply to suit their condition. Example, a person perform prayer but yet to cover her aurah with the reason she want to do it slowly and steady.

Thank you madam.😁]]> 2020-06-09 04:16:49 UTC https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/618057717 https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/618255857 Assalamualaikum madam. My name is Maryam Sakinah from section 311. Im still confused with the concept of zihar in the case of Khawlah. In the slides, it said that lafaz zihar that Khawlah received put her in a position of not being able to do sexual intercourse with her husband but in the same time she cannot leave the house and doesn’t have any rights to remarry, does it mean that she has divorce with her husband or not?

Thank you, Madam

It was customary in the old Arab before the advent of Islam that all conjugal relations ceased permanently between a man and his wife when the man would use the words of Zihar; rather it was worse than divorce. At that time, after Talaq, it was possible to take back the wife, but after the pronouncement of Zihar, as per the old custom of Arab, it was not at all possible to restore the conjugal rights.

The Quranic verses (58:2-4) reformed the custom and declared Zihar a sinful act. If a person extremely needs to separate from his wife, he should choose the method of divorce and not that of Zihar. This is because the method of Zihar for separation is absurd and false, as surely his wife is not his mother. The Quran says, “Their mothers are only those who have given birth to them” and thus those who separate their wives by Zihar are those who “utter evil and false words”. In other words, their pronouncement is false, that is, “calling one’s wife mother” is a heinous sin and also contrary to truth. Another reformation that Quran brought about is that the pronouncement of the words of Zihar does not dissolve the marriage nor does it give the man an open license to do as he wishes –like having carnal act with her. Such a person is a guilty and he will have to pay a penalty for uttering such evil and false words and the penalty is that he cannot take back his wife unless he first fulfils the prescribed expiation [Kaffarah].

]]> 2020-06-09 07:10:23 UTC https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/618255857 Assalamualaikum Madam. My name is Rifqi Syazzuan from Section 311. For the nasakh part regarding the widow's mourning period , the 1st injunction was stated in ( Al-Baqarah:240 ) but then it was replaced by the injunction stated in ( Al-Baqarah: 234 ). The verse is still exist but the hukum is no longer applicable ? & for the contemporary Ummah, we need to read both injuctions together to avoid any misunderstanding , right madam ? https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/622806045 Thank you, Madam

Eventhough the verse has been abrogated, the verse is still in the quran. Only the implementation of the ruling is no longer relevant. We need to have the knowlege of abrogation then only we know which ruling can still be applied.]]> 2020-06-11 16:47:44 UTC https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/622806045 Assalamualaikum Madam Sahida, I am Nurul Ain Mardhiyah from section 311. https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/622859672 2020-06-11 17:21:12 UTC https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/622859672 https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/626012653 Asalamualaikum Madam, My name is Shazrul Aiman from Section 303. I have a question regarding Hanif Religion from one of the belief and religion of the Arabs in Jahiliyyah Period. What differentiate Hanif Religion from Islam as it was brought from Prophet Ibrahim and does not do anything that Allah forbids? Thank you Madam.

Waalaikumsalam dear, you can read the article for further info. The belief system is the same, the different is in terms of syariat.]]> 2020-06-14 15:25:55 UTC https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/626012653 https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/634176666 Assalam madam. i’m azrie from section 308 of itil. i would like to ask whether qiyas changeable or not? because quran and sunnah is unchangeable. but as tor qiyas, if the ruling is extended from drinking alcohol to smoking, it is still unchangeable right? mohon pencerahan ✨😬

the hukum derived from qiyas is final. For instance, drugs is haram based on the extended hukum of intoxicant drinks as both share the same illah. However the prohibition of drugs can be changed in certain situation. For instance, if the drugs is taken for the purpose of medication, then the hukum will no longer be haram but makruh. Thus, the hukum can be changed/suited according to the objective that we want to achieve so long as it does not contradict with the quran and the sunnah.]]> 2020-06-20 03:52:46 UTC https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/634176666 https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/634433853 Assalamualaikum madam, Im Hanis from section 306, I would like to ask, can you further explain to me the sources of Maslahah al Mursala? I've read it but im still not quite understand why it is classified into mu'tabarah, mursalah, and mulghah? The sourses ni as in 'sumber' in malay ke? Thank you in advance :)

malahah mutabarah is the maslahah which has been upheld in the Quran and sunnah (maslahah yang diterima oleh syarak). For example, adultery is clearly prohibited in the quran for the sake of maintaining one's dignity. Another example would be, hudud punishment will be imposed on the offender in order to secure one's property. Mean that, the punishment had been prescribe for the offences in the text or sunnah in order to secure the interest of individual.

maslahah mulghah is the type of maslahah which is not accepted in the syariah. For example, giving equal share to the daughter and son in order to protect maslahah of the daughter. Islam stated clearly that the daughter will get one portion compare to the son who will get two portion in the inheritance. If someone alter this law and want to give equal share to daughter and son, it seem like they are trying to protect the maslahah of the daughter, but the real is they are going against what has been prescribed in the quran. this maslahah is clearly invalid as it had been nullified in the Quran. (dengan kata lain, nampak macam kita nak menjaga kebajikan anak perempuan dengan bagi hak yg sama, tapi sebenarnya kita dah bercanggah dengan quran)

maslahah mursalah refer to the type of maslahah which has not been stated in the quran. Thus, there is no indication whether the quran approve or reject this kind of maslahah. If it give benefit, then this kind of maslahah will be accepted. For example, the codification of the quran. This act give benefit to the Muslim. this it is accepted in Islam.]]> 2020-06-20 15:26:28 UTC https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/634433853 https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/652203131 assalamualaikum marissa, this is marissa from section 306. i have few questions.

q1. during the period of umaiyyah, what is actually the relevance of compiling fiqh? why dont they actually start on compiling sunnah to refute the fabricated hadith? was it because the fanaticism?]]> 2020-07-11 06:18:48 UTC https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/652203131 imanbatrisyiaa13 https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/652211151 Assalamualaikum Madam. I'm Iman Batrisyia from section 311.

I would like to ask, during the era of the prophet, in slide 7 it mentioned that the prophet did not reply to Khawla's query until he had received the revelation from Allah which condems the practice of zihar. But, when the Prophet made his own ijtihad (in slide 24) it mentioned that the Prophet accepted the zihar as a valid form of divorce, but Allah declared that its invalid.

Which one is correct Madam? Did the Prophet made the wrong ijtihad and Allah corrected it or Prophet just stayed silent until the revelation came?

]]> 2020-07-11 06:51:33 UTC https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/652211151 adamm8554 https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/652215861 Assalamualaikum wbt Madam. Im adam, section 311

I've a question regarding the problematic/situation based question for the final exam e.g. 'what's the best fiqh ruling'. does it mean that we have to relate with any rulings that (occurred from the four stages period) or just come out with any ruling that suits with the situation? if yes, how do we answer to fulfil the marks?]]> 2020-07-11 07:16:23 UTC https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/652215861 https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/652249025 Assalamualaikum mdm. Im Maisarah from section 311. I have a question about era of umayyad.
In the textbook, Baitul mal was turned into personal property while in the slide, baitul muslim was turned into personal property. Does baitul muslim and baitul mal similar ?

Thank you mdm 😁

]]> 2020-07-11 10:33:45 UTC https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/652249025 https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/1581948827 2021-06-03 08:01:03 UTC https://padlet.com/sahidasafuan/sad44elyrohcgsy6/wish/1581948827