FIQH

MUAMALAH
ISLAMIC BUSINESS TRANSACTION


CHAPTER ONE

INTRODUCTION TO FIQH & SHARIAH

MAHYUDDIN KHALID  [email protected]

 CONTENT
 Business Lesson From the Sirah of prophet
SIRAH
Muhammad s.a.w
 Fiqh
FIQH
 Components Of Fiqh
SHARIAH
 Comparison Between Fiqh And Muamalat
 Shariah
SOURCES  Distinction Between Shariah And Fiqh
 Sources Of Islamic Law
COMPARISON  Comparison Between Islamic Law And Man-made
Law

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 BUSINESS
BUSINESS LESSON
LESSON FROM
FROM THE
THE SIRAH
SIRAH OF
OF PROPHET
PROPHET MUHAMMAD
MUHAMMAD S.A.W
S.A.W

 Before Muhammad s.a.w became Messenger of Allah, he was

SIRAH involved in business and trading – an experienced merchant with
vast knowledge in trade.
FIQH  His first business exposure was when the prophet (s.a.w) was
only 12 years old when he accompanied his uncle, Abu Talib in a
trading caravan to Busra in Syam (Syria). This has actually been
SHARIAH
normal practice for the Quraisy tribe who are mostly
professional traders.
SOURCES  Prophet (s.a.w) actual involvement in business when he was 25
years old when he was invited by a wealthy and noble
COMPARISON businesswoman named Khadijah Khuwailid to head her trade to
Syam – to transport and sell merchandise from Makkah and
import Syrian-made product and resell them back in Makkah.
 This offer was mainly based on positive characteristic that
Muhammad (s.a.w) associated with like honesty, trustwothiness
and nobility – and called Al-Amin.

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 BUSINESS
BUSINESS LESSON
LESSON FROM
FROM THE
THE SIRAH
SIRAH OF
OF PROPHET
PROPHET MUHAMMAD
MUHAMMAD
S.A.W
S.A.W

 As capital provider, Khadijah would engage men in profit-sharing

SIRAH partnership for her international trading operation.
 By having them as part of company instead as a employee will instill
FIQH
sense of ownership and belonging of the employees. They will take
extra care of the business that they share part of profit and loss.
 Being the owner of business and employer, she already gained
SHARIAH experience in recruiting, managing, handling and possibly
terminating the services of her employees – ensure the prosperity
SOURCES and longevity of her business.
 Khadijah recognize Muhammad (s.a.w) possessed all the attributes
of a good employee, partner and entrepreneur and natural talent
COMPARISON
that would further consolidate and expand her business position.
 She presented him (s.a.w) business proposal to venture with her
capital in a trade mission to Syam - and offered to pay twice to
ensure his acceptance without any hesitation.
 Prophet (s.a.w) accept the deal since his uncle, Abu Talib was really
poor at that time and need financial assistance.
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 BUSINESS
BUSINESS LESSON
LESSON FROM
FROM THE
THE SIRAH
SIRAH OF
OF PROPHET
PROPHET MUHAMMAD
MUHAMMAD
S.A.W
S.A.W

 The decision was actually turning pint of her business and personal
SIRAH life. Muhammad (s.a.w) proved his mettle and quality of endurance
and managed to gain huge amount of profit from the Syam venture –
twice from Khadijah normally gained from other trade mission.
FIQH
 Muhammad (s.a.w) and Khadijah eventually married and the
business continued until Muhammad became Messenger of Allah
SHARIAH fifteen years later.
 Despite being young and illiterate, Prophet Muhammad (s.a.w) was
SOURCES never a naïve trader. He (s.a.w) was really and excellent and skilled
trader that could certainly grasp the real world situation and face
challenge of local and international trade.
COMPARISON
 By having accumulate 15 years of trading skills and experience until
he (s.a.w) was 40 years old, Prophet (s.a.w) guidance (sunnah) in
Muamalat should be highly regarded by traders and businessman.
 Besides being divinely revealed by Allah, the guidance and rulings
came from a successful corporate figures who was able to
understand the secrets of both the worldly affairs as well as the
matters of hereafter life
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 FIQH
 Fiqh (‫ ) الفقه‬literally means to understand (‫) الفهم‬
SIRAH
 An example of this is found in the Qur’aan in the Dua
of Prophet Musa (as) when he asked Allah to remove
FIQH the impediment from his speech so Firaun and his
people could understand him.
SHARIAH
{‫} واحلل عقدة من لساني يفقهوا قولي‬.
 “And loosen the knot from my tongue. That they may
SOURCES
understand my speech.” Chapter 20 verses 27-28.
 Literally
COMPARISON
 the true understanding of what is intended
 Technically
 The knowledge of the laws of the Shariah, relating to
men’s act and that have been derived from specific
sources and evidences.
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 FIQH
 Technical
SIRAH  The knowledge of the laws of the Shariah, relating to men’s act
and that have been derived from specific sources and evidences.
FIQH
Knowledge • Includes
Includes every
every single
single field
field of
of knowledge
knowledge whatever
whatever its
its sources
sources or
or origin
origin

SHARIAH
Laws •• Excludes all kind of knowledge that do not pertain to rules (hukum)

SOURCES Shariah • Fiqh is confined to legal rules of man made laws, or rules based on
rational, or those that are discoevered through experience

COMPARISON Acts • Confine the definition to the knowledge of practical (amali) rules and not
theritical. Excluded knowledge of rules with respect to belief and faith

Derived
• Confine fiqh to knowledge that are acquired and not knowledge that are
revealed

• Excludes evidences of Shariah that are too general and not available for
Specific the purpose of practice. Excludes the acquired knowledge of the layman
from the jurist

Sources • Individual texts of whether the Holy Quran or Sunnah

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 FIQH
 Fiqh:
SIRAH
 Product of legal reasoning (ijtihad) and deduction of the
jurist and scholars from the specific sources of the Holy
FIQH quran and Sunah
 Faqih
SHARIAH
 Jurist; a person expert in legal sciences and know how
to derive ruling and judgement based on a detail and
SOURCES
analysis of every single evidence in Islamic Law.

COMPARISON

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 COMPONENTS OF FIQH
IBADAT ADAT (CUSTOM/ PRACTICE)
SIRAH • Governs the relationship between • Governs the relationship of men
man and god between themselves
• Laws regulating ritual and
FIQH
religious observance
Made up of obligatory and 1. Munakahat: Family law, law of
SHARIAH recommended marriage and divorce, law of
1. Obligatory (Wajib) ibadat such as inheritence
SOURCES Obligatory prayers 5 times a day, 2. Muamalat: Commercial law, law
Zakat, Fasting in the month of of property and contract
Ramadhan and pilgrimage to 3. Uqubat: Criminal law, penalties
COMPARISON Makkah and procedures
2. Recommended (mubah/ sunat) 4. Siyasah Syariyyah: Constitutional
ibadat such as recommended law and the administration of the
prayers, donation. Charity, state
recommended fasting, umrah etc 5. International Law: Law on the
relationship between government
and nations
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 COMPARISON BETWEEN IBADAT AND MUAMALAT
IBADAT MUAMALAT
• Original Rules: • Original Rules:
SIRAH • Prohibition unless there is a clear evidence on • Permissibility unless there is a clear evidence
its permissibility on its prohibition
• Any act of worship is forbidden unless there is • Commercial transaction are formed on the
FIQH evidence that validate its permissibility. principle if permissibility in accordance with
Muslims can only perform devotion to Allah legal maxim of fiqh
in the manner specified in the Quran and
SHARIAH
Sunnah
• Ibadat are quite standardized and fixed with • Commercial transaction are quite flexible,
very strict rules and regulations. changeable, temporary and varies according to
SOURCES
the time, place, custom and condition (except
for certain rulings)
COMPARISON • Devotional matter are made of guidance from • To declare transaction valid, Muslim only
the Quran and Sunnah and not from the needs need to investigate whether a clear, self-
of society explanatory prohibition exists, and if none
found, the transaction maybe presume to be
valid
• Basic norm in Ibadat based on total • Basic norm in muamalat is based on rational,
submission and devotion to Allah effective cause and benefit
• The evidence of ibadat from the Quran and • The evidence of muamalat are mostly general
Sunnah are mostly specific and detail in nature and quite universal in nature
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 SHARIAH
 Sharia (‫ ) الشريعة‬comes from the word (‫ ) شرع‬which
SIRAH
literally means to prescribe or ordain, law, and a
straight road or path.
FIQH
 Literal
 The road to watering place; the straight path to be
SHARIAH
followed
 Technical
SOURCES
 Rules which are ordained by Allah for His servants by
COMPARISON sending His Messenger
 Refers to Islamic laws which were revealed to the
Prophet Muhammad (saw) and which are recorded in
the Quran and Sunnah

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 DISTINCTION BETWEEN SHARIAH AND FIQH
SHARIAH FIQH
•A path leading to the source of a meaningful •A product of understanding of the sources in Sharia
SIRAH life (Islam) •Humanly acquired
•God-given
•Embrace all human beliefs, activities and •Deals with legal rulings and acts
FIQH actions
•Components: •Components:
• Aqidah • Ibadah
SHARIAH • Akhlaq • Munakahat
• Ibadah • Muamalat
• Muamalat • Uqubat
• International relations
SOURCES
•The body of revealed laws found both in the •A body of laws deduced from shariah to cover
Quran and Sunnah specific situation not directly treated in Shariah law
COMPARISON •Fixed, unchangeable and eternal •Certain components are fixed while some others
are subject to change according to the circumstances
•Most part are general •Tend to be specific and detail
•Lay down basic principles •Understanding and application of Sharia, how it
should be applied

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 RULINGS RELATED TO SHARIAH

SIRAH Wajib
• Obligatory

FIQH
Mandub
• Voluntary
SHARIAH

Mubah
SOURCES • Permissible

COMPARISON
Makruh
• Dislike

Haram
• Forbidden

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 SOURCES OF ISLAMIC LAW

SIRAH PRIMARY SOURCES

• Al-Quran
FIQH • Sunnah
• Ijma’
SHARIAH • Qiyas

SOURCES SECONDARY SOURCES

• Istihsan (juristic preference of the stronger principles)
COMPARISON • Istishab(Presumption of continuity)
• Maslahah Mursalah (extended analogy/ consideration of
public interest)
• Sadd al-Zarai’ (blocking unlawful means to an unlawful
end)

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 AL-QURAN
 The fundamental and main sources of Islamic Law
SIRAH
from which all other sources derive their authority
 It may be defined as:
FIQH
 The book containing the speech of Allah, revealed to
Prophet Muhammad in Arabic and transmitted to us by
SHARIAH
continuous testimony, or tawatur.
 Consists of the word of Allah SWT revealed on
SOURCES
Prophet Muhammad saw in 23 years – divine origin
COMPARISON
 Address to all humanity, without distinction of race,
region or time
 It seeks to guide human beings in all aspect of life

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 THE SUNNAH
 Sunnah
SIRAH  Literally: a way or rule or manner of acting
 Technically: What has been (authentically) related to us on
FIQH behalf of the Prophet { ‫ } صلىهللا عليه و سلم‬from his sayings,
actions, and tacit approvals.
SHARIAH  Hadith
 Literally: communication, story, conversation
SOURCES  Technically: What was transmitted on the authority of the
Prophet{ ‫} صلىهللا عليه و سلم‬,his deeds, sayings, and tacit
COMPARISON approvals, or description of his sifaat (features).”
 Both cover the same ground: practice, sayings and tacit
approvals(taqrir)
 Quran generally deals with the broad principles or
essential of religion. The details are supplied by Prophet
saw through hadith
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 IJMA’
 Ijma’ – Consensus of opinion among the jurist on
SIRAH certain issues and ruling
 Literally:
FIQH
 Ijma is the verbal noun of the Arabic word Ajma’a which
has two meanings:
SHARIAH
 To determine
 To agree upon something
SOURCES
 Technically
COMPARISON
 Consensus of mujtahids (jurist) from the ummah oh
Muhammad (saw), after his death in a determined
period upon a rule of Islamic law
 Consensus of opinion among the jurist of a particular
period on a question of law
 Ijma’ maybe based on Quran, hadith or analogy
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 QIYAS
 Qiyas – analogical deduction
SIRAH  Literal
 Measuring or estimating on thing in terms of another
FIQH
 Technical
 The extension of Shar’iah ruling from an original case (Asl)
SHARIAH
to a new case (far’) because the new case has the same
effective cause (Illah) as the original case.
SOURCES
 Qiyas or analogy is resorted to in respect of problems
about which there is no specific provision in the Quran
COMPARISON
or the Sunnah of the Prophet
 Analogical deduction of new issues on existing evidence
from the Quran and Sunnah
 Process by which a rule of law is deduced from original
text in views of common effective cause (illah)
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 COMPARISON
COMPARISON BETWEEN
BETWEEN ISLAMIC
ISLAMIC LAW
LAW AND
AND OTHER
OTHER MAN-MADE
MAN-MADE LAWS
LAWS

ISLAMIC LAW MAN-MADE LAW

• Holy Quran and Sunnah Sources • Man-made legal system based on human
SIRAH
tradition, customs, experiences or
experiments, precedent rulings and cases
• Oxford Dictionary defines laws as: rule
FIQH
established by authority or custom,
regulating behaviour of members of
community, country etc.
SHARIAH
• Created by Allah SWT. Characteristics • Created by man
• Consequently it embodies the • It embodies characteristic of its creator
SOURCES attributes of its Creator both the where both creator (mankind) and its
Creator and its creation (law) are creation (law) characterized by
characterized by perfection, imperfection, deficiencies, flaws and
COMPARISON faultless and justice. shortcomings
• General principles and Characteristics • Evolving in nature and open to alteration,
fundamentals remain fixed, modification and amendment
preserved and not subject to • It is nearly impossible to reach perfection
change and alteration. and completion
• However, the branches and • The principle of man-made law may
subdivision of laws formed on the change and be modified over time
needs of society is flexible and
open to revision and adjustment
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 COMPARISON
COMPARISON BETWEEN
BETWEEN ISLAMIC
ISLAMIC LAW
LAW AND
AND OTHER
OTHER MAN-MADE
MAN-MADE LAWS
LAWS

ISLAMIC LAW MAN-MADE LAW

• Its creation take precedence over Characteristics • Created and formed subsequent to the
SIRAH the formation of the society. formation of the society. Represent man-
Represent a god-created law which made law which govern the society on a
governs the society but the temporary basis and to fulfill their current
FIQH principles are permanent, eternal needs.
unchangeable. • Applicable only to certain time, place,
• Covers present, past and future conditions and society
SHARIAH state of affairs • Covers past and present, but not the future
• Extensive and comprehensive Scope • Specific rules governing the social,
coverage of human conducts economic and political affairs of nation
SOURCES
• Encompasses ritual and hereafter • Devotional matter and rules of individual
and also worldly activities moral behaviour are not covered
Classification • Public law: Constitutional law and Criminal
COMPARISON
law
• International law: Public international law
and private international law
• Private law: Law affecting rights and duties
of individuals among themselves.
• Firmly establish, enduring, durable Suitability • Only suitable for certain time, places,
and everlasting in nature. Islamic condition and circumstances
law has indestructible feature of
20 adaptability.
 END OF CHAPTER

SIRAH

FIQH

SHARIAH

SOURCES 
COMPARISON

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