| Shariaa
(Islamic law)
Shaaria is much wider than a code
of law. It is a comprehensive code of Islamic life which Allah revealed
for mankind, and commanded Muslims to follow. Shariaa is complete, perfect
and includes all aspects of human life. It is permanent for all people
all the time, and it does not change with time and conditions. For example,
drinking alcoholic liquor or any inebriating product, usury and gambling
are prohibited and haraam under Islamic law. No one can change this. It
is a law that is valid for all time, all places and under all circumstances.
The word Shariaa means a clear and
straight path and is based on two sources - the Quran and the Sunna of
the Prophet.
The Quran
The Quran is the basis of Shariaa.
It states the principles, while the Sunna of the Prophet provides the details
of their application to life. For example the Quran states that each Muslim
should:
-
establish salat;
-
observe sawm;
-
pay zakat;
-
take decisions by consultation;
-
not earn haraam or spend haraam.
However the Quran does not describe
how to do these things. It is the Sunna of the Prophet (s.a.w.) which gives
the details.
In addition to the Quran and the
Sunna, two other sources contribute to Shariaa:
-
the ijma (consensus);
-
the qiyas (reference or somparision
of similar circumstances).
These sources must be based on the
Quran and the Sunna. Ijma applies to a situation where no clear conclusion
can be made fromt he Quran and the Sunna. In this situation, the knowledgeable
and well-versed representatives of the people will confer and agree on
a satisfactory solution to the particular problem. Qiyas is applied in
circumstances where guidance from the Quran and the Sunna is not directly
available. A problem is solved by a process of deduction from a comparison
of a similar situation.
The Sunna
of a Prophet
Sunna means a system, a path or
an example, referring to the example as practised by the Prophet. It is
included in the Hadith. These are the Prophet's sayings, actions, comments
and the actions done with his approval. The following collections of the
Hadith are regarded as the most authentic:
-
Sahih Al Bukhari which were collected,
checked, validated and compiled by Muhammad Ibn Ismail Al Bukhair (194-256
A.H., A.D. 809-870);
-
Sahih Muslim by Muslim Ibn Al Hajjaj,
(202-61 A.H., A.D. 817-876);
-
Sunan Abu Dawud by Sulaiman Ibn Ash'ath
known as Abu Dawud, (202-75 A.H., A.D. 817-888)
-
Sunan Ibn Majah by Muhammad Ibn Zaayid,
(209-303 A.H., A.D 824-915)
In addition to these, Muwatta of Imam
Malik, (93-179 A.H., A.D. 715-795), Mishkat Al Masabih of Abu Muhammad
Al Husain Ibn Mas'ud (died 516 A.H., A.D. 1122) and Musnad of Ahmad Ibn
Hanbal (164-241 A.H., A.D. 780-885) are all well-known authorities.
Fiqh means knowledge and the explanation
of Islamic laws. The great Muslim schholars devoted themselves to
the collecting, compiling and understanding the source and procedures of
Islamic law and its practices. FIqh is the science of Islamic law and jurisprudence
based on the Quran and the Sunna of the Prophet. The best known compilers
of Islamic law (Shariaa) are:
-
Abu Hanifa Numan bin Thabit, (80-150
A.H., A.D. 699-767);
-
Malik bin Anas, (93-179 A.H., A.D.
715-795);
-
Muhammad bin Idris Al Shafi, (150-240
A.H., A.D. 767-820);
-
Ahmad bin Hanbal, (164-241 A.H., A.D.
780-855).
Islamic Fiqh divides human activities
into five categories:
-
Fard of Wajib (duty or obligation).
Every Muslim must perform these actions. Failing to do so is punishable.
-
Mandub (recommended). The performance
of these actions is rewarded, but there is no punishment for not doing
so.
-
Mubah (silent). These actions are carried
out in silence.
-
Makruh (disliked and disapproved).
Although these actions are frowned upon, their performance is not punishable.
(Devout Muslims do not perform Makruh).
-
Haraam (unlawful). These actions are
prohibited and punishable by ordained penalties specified in the Quran.
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