ISLAM – comes from the word “salam” which CHARACTERISTICS: [INDUCER]

literally means peace and connotes submission,

surrender, and obedience. Religiously defined as, 1. Divine
complete submission to the will of Allah and His 2. Eternal
Law (Shari’ah). Submitting to one’s self to the 3. Unchangeable
teaching brought by Prophet (PBUH), abiding the 4. Comprehensive
commands and refraining from the prohibition. 5. Idealistic
6. Realistic
FIVE PILLARS [SSZSH] 7. Naturalistic

1. Shahada - There is no God other than Allah MAQASID ALI SHARIAH OR PURPOSE OF
2. Salah - Observance of five payers. ISLAMIC LAW
FIVE PRAYERS [FDAMI – DNASN]
▪ FAJR (DAWN) - 4AM All obligation refers to the interest of God's
▪ DHUHR (NOON) - 12AM creatures in this world and the next. Foundation
▪ ASR (AFTERNOON) - 3PM of Shari'ah is wisdom and the safeguarding of
▪ MAGRHIB (SUNSET) - 5:45 ~ 6:00 PM
people's interest in this word and the next.
▪ ISHA'A (NIGHT) - 7PM
3. Zakat - alms for the poor
The Shari'ah is God's justice and mercy among
4. Sawm - Fasting on Ramadhan
His People. Life, nutrition, medicine, light,
5. Hajj - Pilgrimage to Holy Ka'aba at Mecca
recuperation and virtue are made possible by it.
Every good that exist is derived from it, and
BASIS OF ISLAMIC JURISPRUDENCE
every deficiency in being results from its loss and
dissipation.
1. ISHAN - literally means excellence and
refers to worshiping Allah devotedly. It is
TWO TYPES
defined by the Prophet (PBUH) as to
1. DINI
worship Allah that you see Him, though you
cannot see Him, Allah is definitely looking at 2. DUNYAWI
you. a. Nafs / Life (e.g. Abortion will be
punished through Qisas or death)
b. Din / Religion (Apostacy)
2. IMAN – literally means to know, believe, to
c. Nasl / Progeny (Fornication)
convince beyond reasonable doubt.
Rendered as faith in English and also d. Aal / Intellect (Intoxication)
believed to include the six articles of faith. e. Mal / Wealth (Stealing)
(AABMDD)
▪ Oneness of Allah FIQH - literally means "true understanding of
▪ Angel what's intended" and is said to be a science of
▪ Books deducing Islamic Laws from evidence found in
▪ Messengers sources of Islamic Law. Legal terminology of it is
▪ Day of Judgement the knowledge of all rules and commandments of
▪ Divine Predestination Islamic Law which are practical in daily life and
derived from detailed proofs of law.
SHARIAH – Literally means “a waterhole where
the animals gather daily to drink, the road to a SHARIAH VS FIQH
watering place or the straight path”.
SHARIAH FIQH
Technically, it is given to the totality of God's Body of REVEALED Body of laws
commandments. laws in Qur’an & DEDUCED.
Haddith.
In Islam, it is referred to a sum of total Islamic Fixed and Changes according to
Law which was revealed to Prophet Muhammad unchangeable. circumstances under
(PBUH), and which recorded in Qur’an as well as which it is applied.
in deducible lifestyle called Sunnah.
Lays down basic Demonstrate how
principles. the basic principles
Its primary objective is to reform human life on
should be applied.
the basis of Ma'rufat (good quality and virtue)
Cover all human acts. Cover all legal acts.
and cleanse from Munkarat (sins and evil).
Laid down by God Erected through
and Prophet. human endeavor.
 USUL-UL-FIQH – literally means “roots of fiqh”, c. SUNNAH/NAFL (RECOMMENDABLE) –
and defined as science of sources and Commission is preferable and rewarded,
methodology of law or a science of the study of omission is not punished.
Muslim Law. Technically it means, the science of i SUNNAH MU’AKKADAH – Omission
the study of Muslim Law Jurisprudence, its is evil or improper.
fundamentals and principles, based from ii SUNNAH-AZ-ZAWA’ID – Omission is
primary sources of law, through the exercise of not improper.
independent analytical deduction with regards d. MUBAH/JAIZ (PERMISSIBLE / INDIFFERENT)
to its application to certain particular situation. – Commission is not reward, omission is not
punished.
e. MAKRUH (REPREHENSIBLE / ABOMINABLE)
FIQH USUL-UL-FIQH – Omission is preferable to their commission
Knowledge or Methods that are i MAKRUH KAHARAH-AT-TANZIH –
detailed rules of applied in deduction Improper and to be avoided. Near to
Islamic Law in various of such rules from mubah than haram.
branches. their sources. ii MAKRUH KAHARAT-AT-TAHRIM –
Law Methodology of Law. Improper to degree of prohibition.
Nearer to haram.
HUKM SHAR’E OR SHARIA VALUE – are quality f. HARAM (FORBIDDEN) – Commission is
determined as a result of divine revelation punished and omission is rewarded.

ESSENTIAL ELEMENTS: [LALS] SOURCES OF ISLAMIC LAW

1. THE LAWGIVIER
2. THE LAW 1. HOLY QUR’AN – A sacred scripture of the
3. THE SUBJECT Muslim people and their primary source
4. THE ACT of the Law, not revealed to lay down a
code of laws.
MANDATORY LAW (HUKM TAKLIFI)
i INSTRUCTIONS
a) PRAYER
It is a law which defines the characteristic of a
b) WORSHIP
man's act whether they are obligatory,
forbidden, commendable, improper and
ii PRINCIPLES (LAWS)
permissible or which indicates the legal effects
a) ISLAMIC FAITH
of an act. It also requires certain actions, or
b) FAMILY
provides a choice of whether to follow or not.
c) TRANSACTION
d) PENAL
DECLARATORY (HUKM WAD’E)
SCHEME OF CLASSIFICATION (PROPHETIC
It is a law which has been promulgated as a
CAREER)
reason, a condition or a deterrent for actions, or
which states whether these actions are valid or
1) MAKKI PART – His stay in in Macca,
void or whether they are allowed by concession
12 years and 5 months, 19/30,
or are permissible ab initio.
Qur’an which was revealed before
Hijirah, principles of Islam, 91
Classifications: [CCP – SSM]
chapters (surahs).
1. Cause (Sabab)
2. Condition (Shart)
2) MADANI PART – 9 Period of glory
3. Prevent (Maani)
and victories, 9 years and 9 months,
11/30, After Hijirah, commands and
CLASSIFICATION OF HUMAN ACTS
injunction issued by God, 23
[FWNJMH – IORPAF]
Chapters (Surahs).

a. FARD (IMPERATIVE) – To be given faith and 2. SUNNAH – Literally means “A path or a

obedience and failure to believe entails manner of life” or defined as traditions
unbelieve and failure to execute causes or practices of the Holy Prophet (PBUH).
impiety. i SAYINGS – Major portion of
i PERSONAL (FARD FAR’AYN) Sunnah.
ii SOCIAL (FARD KIFAYAH) ii DEEDS – all actions, method of
b. WAJIB (OBLIGATORY) – Commission is performance and conduct of
rewarded and omission is punished. daily life.
 iii CONDUCT – an implied
acceptance to certain things,
which came to be knowledge of
Prophet (PBUH) and he did not
oppose them.

3. IJMA – Derived from the word “jama”

which literally means “to add”, hence it
is defined as unanimity of opinion and a
procedure through which any principle
of law is formulated by the unanimous
opinion of Muslims.
i ABSOLUTE IJMA – Positive kind
which jurist expressed their
opinion on any matter
ii IRREGULAR IJMA – No absolute
certainty.
iii IJMA’-I-UMMAH – Superior kind
of Ijma.
iv IJMA-I-ULAMA – Of only Muslim
that are well versed in Islamic
Law and religion.
v IJMA’-I-MADINA –According to
the place of celebration.

4. QIYAS – Are analogies or process of

deduction which a law of a text is applied
to cases through uncovered by language
and covered by reason of the text.

GENERAL RULES AND EXEMPTIONS

AZIMAN (IDEAL) – General

RUKHZAH – Exemptions
DARURAH (NECESSITIES) – Necessity renders
prohibited things permissible. Basis: "If no one is
forced by necessity, without willful disobedience,
not transgressing the limits, then he is guiltless."

When confronted by two evil, choose the lesser

evil. Basis: “Oh no soul that God place a burden
breath.”