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The Main Sources of Islamic Law (The Quran & The Hadits) By : Gemala Dewi INTERNATIONAL CLASS-FHUI.

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Presentation on theme: "The Main Sources of Islamic Law (The Quran & The Hadits) By : Gemala Dewi INTERNATIONAL CLASS-FHUI."— Presentation transcript:

1 The Main Sources of Islamic Law (The Quran & The Hadits) By : Gemala Dewi INTERNATIONAL CLASS-FHUI

2 The Main Sources of Islamic Law Derived from The Quran, Q4:59 and the Hadits narrated by Mu’az bin Jabbal, the Main Sources of Islamic Law are : 1. The Qur’an 2. The Sunnah/The Hadits 3. The Human Reason that Qualified for Ijtihad INTERNATIONAL CLASS-FHUI

3 THE FIRST & MAIN SOURCE OF ISLAMIC LAW THE FIRST & MAIN SOURCE OF ISLAMIC LAW The-Quran Al-Quran is the holy book that contains the revelation (word) of God, God Almighty, the original as delivered by the angel Gabriel to Prophet Muhammad as His Messenger, little by little for 22 years 2 months 22 days, first in Mecca and then in Medina to serve as guidelines or guidance for mankind in life and life to prosper in this world and happiness in the Hereafter. The-Quran Al-Quran is the holy book that contains the revelation (word) of God, God Almighty, the original as delivered by the angel Gabriel to Prophet Muhammad as His Messenger, little by little for 22 years 2 months 22 days, first in Mecca and then in Medina to serve as guidelines or guidance for mankind in life and life to prosper in this world and happiness in the Hereafter. INTERNATIONAL CLASS-FHUI

4 The Content of The Qur’an Word of the Quran comes from the verb qara-a, means (he has) to read. Qara-a verb is transformed into command word of “iqra‘” means read, then changed again into a noun“Quran”. The Qur’an contains the essence of knowledge that are the main points of the ordinance of God. According to S.H. Nasr : 1. The teaching that gives knowledge about the natural structure of the universe and the position of all creatures, including human. It also include the metaphysic of God, cosmology and the explanation about the life after death. It contain the guidance on faith, ethics (akhlak) and law that are important for human on their daily life. INTERNATIONAL CLASS-FHUI

5 The Content of The Qur’an According to S.H. Nasr 2. It contains the guidance that reflect the summary of human history, ordinary people, kings, the saints, the prophets all of the era with their test or affliction that they experianced for the goodness of their spirits. 3. It contains the things that is difficult to be explain in common words, it has distinguish power than it can be rationally learned from the Qur’an, that has the power of protection for human. INTERNATIONAL CLASS-FHUI

6 The Qur'an contains many levels of meaning, because it must be prepared for people to understand the meaning of the Quran are good and right. Humans discovered the meaning of the Koran that clearly through the assessment of the implicit (implied) contained therein. Experts argue that Islamic law on the lines of the qur’an contains questions pertaining to creed, Shari'ah good (a) of worship and (b) muamalah, (3) character in all its scope, (4) stories of mankind in the past, (5) news of the age to come, (6) seeds or principles of science, basic fundamental law or basic laws that apply to the universe, including human beings in it. The Qur'an contains many levels of meaning, because it must be prepared for people to understand the meaning of the Quran are good and right. Humans discovered the meaning of the Koran that clearly through the assessment of the implicit (implied) contained therein. Experts argue that Islamic law on the lines of the qur’an contains questions pertaining to creed, Shari'ah good (a) of worship and (b) muamalah, (3) character in all its scope, (4) stories of mankind in the past, (5) news of the age to come, (6) seeds or principles of science, basic fundamental law or basic laws that apply to the universe, including human beings in it. INTERNATIONAL CLASS-FHUI

7 The Content of The Qur’an According to Legal Experts The Qur’an consist of the teaching on : 1. Aqidah 2. Syariah 3. Akhlak 4. Human History 5. Prophecy of the Future (the day after) 6. The Seed of scientific knowledge & legal systems. INTERNATIONAL CLASS-FHUI

8 The Content of The Qur’an According to Abdul Wahab Khallaf : 1. The Rules of I’tiqadiyah on worship to Allah, The Angels, The Qur’an, The Prophets, The Judgement Day, Qada and Qadar 2. The Rules of Akhlak 3. The Rules of Amaliyah that has relation on the words we said, the things we do, agreement, and relationship among peoples. INTERNATIONAL CLASS-FHUI

9 The concept of law according to the Qur'an: The concept of law according to the Qur'an is an all comprehensive: covering all things in accordance with the nature of the Creator is God the Lord of the universe that controls everything. The concept of law according to the Qur'an is an all comprehensive: covering all things in accordance with the nature of the Creator is God the Lord of the universe that controls everything. Law, according to the concept of the Qur’an, can not be divorced separate them with faith and morals of both of these things increase one's obedience compliance with law. Law, according to the concept of the Qur’an, can not be divorced separate them with faith and morals of both of these things increase one's obedience compliance with law. People who believe, who believe that all the movements and behavior are recorded by the angels and will be accounted for in the Hereafter. People who believe, who believe that all the movements and behavior are recorded by the angels and will be accounted for in the Hereafter. A moral person or have a certain character, he did not want to lie, because he believed that the behavior violated the "laws" / decrees of God concerning man of good morals (Akhlaqul Kariimah). A moral person or have a certain character, he did not want to lie, because he believed that the behavior violated the "laws" / decrees of God concerning man of good morals (Akhlaqul Kariimah). INTERNATIONAL CLASS-FHUI

10 Classification Verses  Paragraph laws regarding worship according to Khallaf, numbering 140 were law verses about muamalah numbered 228. The total number of verses that law, according to his research, 368 or more or less 5-6 or 6.8% only. What really set the relationship between man and man in society about 3% of all the verses of the Koran. The verses of the Qur'an that are associated with nature worship ta'abudy (to be followed as it is). Family law (70 verses), constitutional law (10 verses) and international law (25 verses). Verses of Quran on civil laws (70 verses), crime (30 verses), governance (10 verses), international (25 verses), financial economics (10 verses) and procedural law (13 verses), little detailed because of fundamental legal norms that are "open" and taaqully INTERNATIONAL CLASS-FHUI

11 The difference between the verses of the Qur’an revealed in Mecca and Medina: 1)The verses which revealed in Mecca was preceded by “Yaa ayyuhan nass” (O man), meanwhile Medina’s revelation preceded by the words “Yaa ayyuhal lazina aamanu” (O believers); 2) Paragraph revealed at Mecca contained in the back side of the Qu’ran, verses that revealed in Medina, at the front of the Qur’an; 3) Paragraph of the Mecca’s verses revealed in a short sentence filled with poems, a strong rhythm. The verses that revealed in Medina has long sentence and calm rhythm in legal language. 4) Paragraph who descended on Mecca typically contains about faith, the oneness of God, the Day of Judgement &character, meanwhile The Medina verses contain matter of law& social matters. 1)The verses which revealed in Mecca was preceded by “Yaa ayyuhan nass” (O man), meanwhile Medina’s revelation preceded by the words “Yaa ayyuhal lazina aamanu” (O believers); 2) Paragraph revealed at Mecca contained in the back side of the Qu’ran, verses that revealed in Medina, at the front of the Qur’an; 3) Paragraph of the Mecca’s verses revealed in a short sentence filled with poems, a strong rhythm. The verses that revealed in Medina has long sentence and calm rhythm in legal language. 4) Paragraph who descended on Mecca typically contains about faith, the oneness of God, the Day of Judgement &character, meanwhile The Medina verses contain matter of law& social matters. INTERNATIONAL CLASS-FHUI

12 The descent process of The Qur'an The Qur'an is not arranged in chronological order. The first five verses revealed in the cave of Hira 'on the night of 17th of Ramadan or at night when the Prophet Muhammad Nuzulul Qur'an on the aged 40-41 years, in Chapter al- 'Alaq (96) :1-5. The Qur'an is not arranged in chronological order. The first five verses revealed in the cave of Hira 'on the night of 17th of Ramadan or at night when the Prophet Muhammad Nuzulul Qur'an on the aged 40-41 years, in Chapter al- 'Alaq (96) :1-5. The last verse revealed in the fields of Arafat,when the Prophet Muhammad's 63-year-old on 9 Zulhijjah 10th year of Hijrah, now situated in the Chapter al-Maidah (5 ):3. The last verse revealed in the fields of Arafat,when the Prophet Muhammad's 63-year-old on 9 Zulhijjah 10th year of Hijrah, now situated in the Chapter al-Maidah (5 ):3. INTERNATIONAL CLASS-FHUI

13 The last revelation delivered angel Gabriel to Prophet Muhammad are contained in the Quran surat al-Maidah (5) of paragraph 3, when the Prophet was 63 years, time was standing at Arafat when doing Hajj Farewell on 9 Zulhijjah year X Hijra, coinciding on 7 March 632 AD between the first revelation until the final revelation, elapsed time, for more or less, as noted above, 23 years or more precisely for 22 years 2 months 22 days. The last revelation delivered angel Gabriel to Prophet Muhammad are contained in the Quran surat al-Maidah (5) of paragraph 3, when the Prophet was 63 years, time was standing at Arafat when doing Hajj Farewell on 9 Zulhijjah year X Hijra, coinciding on 7 March 632 AD between the first revelation until the final revelation, elapsed time, for more or less, as noted above, 23 years or more precisely for 22 years 2 months 22 days. Revelation to Prophet Muhammad delivered gradually, little by little, it is not arranged in order of revelations, The order of Qur’an carried by the Prophet Muhammad himself at the direction of God that He told through the angel Gabriel. Revelation to Prophet Muhammad delivered gradually, little by little, it is not arranged in order of revelations, The order of Qur’an carried by the Prophet Muhammad himself at the direction of God that He told through the angel Gabriel. The first is Surah al-Fatihah (Opening) and closed by chapter 114, the last chapter Surrah an-Nas. The first is Surah al-Fatihah (Opening) and closed by chapter 114, the last chapter Surrah an-Nas. INTERNATIONAL CLASS-FHUI

14 AS-SUNNAH / AL-HADITS As-Sunnah/Al-Hadits is the second source of Islamic law after the Al-Qur’an. It contains the words (Sunnah Qauliyah), the Attitudes (Sunnah Fi’liyah) and the silent (Sunnah Taqririyah atau Sukutiyah) of Rasulullah SAW that has recorded in the books of hadits As-Sunnah/Al-Hadits is the second source of Islamic law after the Al-Qur’an. It contains the words (Sunnah Qauliyah), the Attitudes (Sunnah Fi’liyah) and the silent (Sunnah Taqririyah atau Sukutiyah) of Rasulullah SAW that has recorded in the books of hadits INTERNATIONAL CLASS-FHUI

15 HADITS QUDSI A Hadits which contains the words of God told by the Prophet’s, and the contain is about the direct relationship between human and God. A Hadits which contains the words of God told by the Prophet’s, and the contain is about the direct relationship between human and God. THE MEANING OF AS-SUNNAH Sunnatullah = Natural Law Sunnatullah = Natural Law Sunnah Rasul = The Second Source of Islamic Law Sunnah Rasul = The Second Source of Islamic Law Sunnah / Sunnat related to Al-Ahkam Al-Khamsah Sunnah / Sunnat related to Al-Ahkam Al-Khamsah Ahlus Sunnah Wal Jama’ah Ahlus Sunnah Wal Jama’ah INTERNATIONAL CLASS-FHUI

16 THE COMPILATION OF SUNNAH RASUL Started at the end of first year of hijriah by Khalifah Umar bin Abdul Aziz from Umayyah’s Dinasty. Started at the end of first year of hijriah by Khalifah Umar bin Abdul Aziz from Umayyah’s Dinasty. Has Arranged Systematically when Mansyur From Abbasiyah’s Dinasty rules. Has Arranged Systematically when Mansyur From Abbasiyah’s Dinasty rules. Has Completed at the third year of hijriyah by the experts of sunnah Has Completed at the third year of hijriyah by the experts of sunnah INTERNATIONAL CLASS-FHUI

17 PART OF SUNNAH ON THE BOOK OF HADITS Isnad / Sanad : the parameter to appraise the quality of a hadits, which is the series of speech that inherited from generation to generation Isnad / Sanad : the parameter to appraise the quality of a hadits, which is the series of speech that inherited from generation to generation Matan / Matn : materials or contents of the sunnah Matan / Matn : materials or contents of the sunnah INTERNATIONAL CLASS-FHUI

18 FIVE CATAGORIES ON CLASSIFICATION OF HADITSACCORDING TO BUKHARI& MUSLIM The Strength of memory and The Carefulness of the narrators (perawi) The Strength of memory and The Carefulness of the narrators (perawi) Personal Integrity of the narrators Personal Integrity of the narrators Continuity of the relationship from generation to generation Continuity of the relationship from generation to generation There are no handicap on the contents There are no handicap on the contents There are no awkwardness on the linguistic structure There are no awkwardness on the linguistic structure INTERNATIONAL CLASS-FHUI

19 THE CLASSIFICATION OF AS-SUNNAH According to the number of the people who narrated it According to the number of the people who narrated it A. Sunnah / Hadits Mutawatir : Everything that comes from Rasulullah SAW that naratted by many companions from first generation, the scond and the third one. Everything that comes from Rasulullah SAW that naratted by many companions from first generation, the scond and the third one. B. Sunnah / Hadits Masyhurah : Narrated by one, two, or more companions but the number is less than the ones who narrated hadist mutawatir and the number of people who narrated the hadits are the same with the people who narrated the hadits mutawatir. Narrated by one, two, or more companions but the number is less than the ones who narrated hadist mutawatir and the number of people who narrated the hadits are the same with the people who narrated the hadits mutawatir. C. Sunnah / Hadits Ahad : Narrated by one, two, or more companions but the number is not the same as the ones who narrated hadits mutawatir. Narrated by one, two, or more companions but the number is not the same as the ones who narrated hadits mutawatir. INTERNATIONAL CLASS-FHUI

20 THE CLASSIFICATION OF AS-SUNNAH According to the Quality and Integrity of the persons who narrated it According to the Quality and Integrity of the persons who narrated it A. Sahih : ● The hadits that narrated by a just perawi who always said the truth and avoid sins. ● The hadits that narrated by a just perawi who always said the truth and avoid sins. ● That has a perfect carefulness ● That has a perfect carefulness ● The sanad continues to Rasulullah SAW ● The sanad continues to Rasulullah SAW ● Does not have any handicap and not different or collides with the narration of the trusted people. ● Does not have any handicap and not different or collides with the narration of the trusted people. B. Hasan : ● Hadits that narrated by the just perawi ● Hadits that narrated by the just perawi ● Less carefulness than the sahih hadits ● Less carefulness than the sahih hadits ● The sanad continues to Rasulullah SAW ● The sanad continues to Rasulullah SAW ● Does not have any handicap and not different or collides with the narration of the trusted people ● Does not have any handicap and not different or collides with the narration of the trusted people C. Da’if ( Weak/ Lemah) : ● The hadits that does not have any qualifications like the Sahih or Hasan. ● The hadits that does not have any qualifications like the Sahih or Hasan. ● The weakest one is hadits Maudhu that does not make any sense at all and against the Al-Qur’an ● The weakest one is hadits Maudhu that does not make any sense at all and against the Al-Qur’an INTERNATIONAL CLASS-FHUI


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