1.1quran-importance of studying Islamic Jurisprudence (Usul Fiqh). classification of Hukm Syarie (Islamic legal ruling) PDF

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UIL2712 (2010)

TUTORIAL 1 1. Discuss the importance of studying Islamic Jurisprudence (Usul Fiqh). The word Usul means original and fiqh is jurisprudent. Yes, it is very important for us to study usul fiqh because it is the root and the most basic part of the Islamic law. In Islamic law, there are mainly 4 types of the sources of law which is quran, sunnah, ijma and qiyas. The ruling of fiqh are basically come from the quran and sunnah which consist of the fundamental law of syariah. Fiqh itself is the law. Usul fiqh is the methodology of Islamic law and it also refer to the legal reasoning like analogy, juristic preference, presumption of continuity and the rules of interpretation and deduction. The law shall be interpreted based on Quran and Sunnah as to make sure that such ruling is accurate. Next, the arabic language which had been used in the sources of law like quranic verse and hadith is very complicated and uneasy to understand. It is important for us to get familiar with usul fiqh because it teach us the rules of grammar and the application of Arabic terms only we can understand the structure and meaning of the authorities properly. Usul fiqh also provides the rules to differentiate the styles and structures of the wording in the authorities. It is because when we are interpreting the quran and sunnah, unless the text is correctly understood, unless, no ruling can be deduced. Moreover, the structure of the texts are very different from one another and there are many types of it such as Thanniy, Qatai, Amm and Khass. Study usul fiqh is to enable us to derive and interpret the Islamic law correctly and precisely. It is very important for us to study usul fiqh is because usul fiqh enable us to use reasoning properly. It is because usul fiqh may help us in obtaining proper knowledge about Islamic law as well as the methods of juristic deduction and inference. Other than that, usul fiqh also can guide us on the application of qiyas, istihsan and istislah. For example, when we are using anology to derive the law, we may able to conduct such reasoning properly by know the limitations referring to usul fiqh. Other than that, by studying usul fiqh we may able to distinguish the method of deduction and choose the best method to deal with the matter by ascertaining the strength of each type of reasoning..

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2. Define and discuss the classification of Hukm Syarie (Islamic legal ruling). Islamic legal rulings are divided to 5 categories which are wajib, haram, mandub, mahkruh and mubah. Wajib is the things that people should do, it is an act which is obligatory. The people who failed to perform such act will be considered as sinful. The example of wajib act in Islamic rulings are like prayer, for those who embrace islam is compulsory to pray in every day. The obligation to carry out wajib act can fall on a single person just like the prayer, fasting, doing charity and pilgrimage. The individual legal obligation also known as Fard al- Ayn. Sometimes, it could also be the responsibility of the whole community like communal obligation which also known as Fard al- Kifayah. It says that every individual who reside in the same community will have the obligation to fulfil that obligation, and such wajib obligation will be discharged only if any person from the community fulfill it, for example is to bury the death. Other than that, the military struggle is also a communal obligation where only the number of armies enough to go for war only the rest of the people will be excluded and freed from their responsibilities to fight for God.For example, “O you who believe, fulfill the obligation” (5:1) This Quranic verse is a hukm shar’i according to the legal theorists. The legal effect of the verse is hukm shar’I according to the jurists means the obligatoriness of fulfilling the obligation. Haram is a binding command of abandoning something, and committing haram is punishable and omitting is rewarded. In simple wording, Haram is the ruling that are prohibiting the people from doing it. For example, in al-Baqarah, 2:275 of the holy quran, it stated that God permitted sale but prohibited [haram] usury. In this ruling, god is prohibiting the people from usury. In al-Ma'idah, 5:90, it states that O you who have believed, indeed, intoxicants, gambling, [sacrificing on] stone alters [to other than Allah ], and divining arrows are but defilement from the work of Satan, so avoid it that you may be successful. the quran again prohibiting people from drinking and gambling because these are all bad habits.

Mandub is the action that are highly recommended to do. If you do that such action you will be awarded by God. In opposite, if you do not perform it, God will not blame you and punish you also. The complement of demand earns spiritual reward but no punishment for failure to perform. For example, according to the surah al-Baqarah, 2:282 of Quran, it says that “O you who believe, when you contract a debt for a fixed time, write it down.” Which means that it is recommended in the hukm to record and write down the contract of debt is not absolute or decisive as the text requires. Besides that, it is also provided in hadith saying that “Whoever makes an ablution for the Friday prayers, it is good, but if he takes a bath, it is better”. Allah suggested the people to have

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the ritual of purification as to clean and purify themselves on Friday such as washing the hands, mouth, arms, head and feet.

Makruh is the instruction instruction of refraining someone from doing an action, however such refraining is not firm. Basically, m akruh is the action that are not recommended to do by the God. For anyone who are commiting makruh, they won’t get punish by the god while those who stop themselves from doing it will be awarded. Makruh is suggested to be avoided by the people. For example, divorce by talaq is permissible in Islamic law, but it was not encourage by allah. According to hadith that reported by Abu Dawud, prophet said that:“Among lawful things, divorce is most hated by Allah.” Mubah the word itself means neutral, the rulings which fall under this category is not encourage and also not discourage. The people have the choice to do or not to do such action at their own will. The actions under mubah is merely permitted by Allah, it is not compulsory, not recommended, not reprehensible and not forbidden. Allah will not blame you or award you after you do this action. For example, allah allow people to propose the women that he likes according to surah al baqarah 2:235. It was stated that there is no blame on you if you make an offer of betrothal to a woman.

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