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CHAPTER 3 Compliance to the Scheme of Shariah Laws

CHAPTER 3 Compliance to the Scheme of Shariah Laws. Mohammad Salleh Bin Abdul Saha Razizi bin Tarmuji r azizi.uitm.edu.my. Contents. 3.1 Sources of Shariah Laws 3.2 Aqidah, Akhlaq , Shariah ( Ibadat & Muamalat ) 3.3 Ethics in Islamic Financial System.

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CHAPTER 3 Compliance to the Scheme of Shariah Laws

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  1. CHAPTER 3Compliance to the Scheme ofShariah Laws Mohammad Salleh Bin Abdul Saha Razizi bin Tarmuji razizi.uitm.edu.my

  2. Contents 3.1 Sources of Shariah Laws 3.2 Aqidah, Akhlaq, Shariah (Ibadat & Muamalat) 3.3 Ethics in Islamic Financial System Compliance to the Scheme of Shariah Laws

  3. Compliance to the Scheme of Shariah Laws

  4. Primary Sources of Shariah Laws : Al- Qur’an • Al- Quran is the words of Allah revealed to the Prophet Muhammad SAW in Arabic conveyed by angel of Jibrail. • Al- Quran consists of 114 chapters and about 6666 verses • It is a miracle in following aspects: • Its language is in clear and pure Arabic of the highest. • Its contains information and stories about peoples of the past. • It foretells future events which really took place afterwards as foretold. • Its all about the creation of life and the universe, the orbits of the Earth, the sun, moon and the stars, and the formation of clouds and rains Compliance to the Scheme of Shariah Laws

  5. Cont…Primary Sources of Shariah Law • It contains laws and rules on how to regulate political, legal, economic, social and moral matters in society • There are 350 legal verses (ayatahkam) in the Quran: • 140 verses concern Ibadat • 70 verses concern munahakat • 70 verses concern muamalat Compliance to the Scheme of Shariah Laws

  6. History of Al- Qur’an • Al- Quran was first revealed at about 611A.D with the first verse revealed being Surah Al- Alaq verse 1 to 5. Al- Quran was revealed piecemeal over a period of 22 years and the last verse being Surah Al- Maidah verse 3 revealed in 632A.D • Al- Quran was revealed in two periods of the Prophet’s mission: when the Prophet lived in Makkah and Madinah respectively. • Chapters revealed in Makkah are called Mecca’s chapters and those revealed in Madinah are called Medina’s chapters. • During the life of Prophet and until the middle of Othman’s rule, the Quran was memorized by the Prophet and many Sahabats and the verses of the Quran were transcribed on flat pieces of stones, bones wood and date palms. Compliance to the Scheme of Shariah Laws

  7. Primary Sources of Shariah Laws : Al- Hadith • Al- Hadith is the saying, deeds and approvals of Prophet Muhammad SAW • In Shariah, Hadith describes as Sunnah ( the way or manner) of Prophet Muhammad. • There are three kinds of Sunnah: • A qaulor a ‘saying’ of the Prophet Muhammad which has a bearing on a religious question. • A fi’lwhich represent an ‘action’ or ‘practice’ of the Prophet Muhammad. • A taqrir or a ‘silent approval’ of Prophet Muhammad of action or practice of another. Compliance to the Scheme of Shariah Laws

  8. Secondary Sources of Shariah Law Compliance to the Scheme of Shariah Laws

  9. Cont…Secondary Sources of Shariah Law Compliance to the Scheme of Shariah Laws

  10. Aqidah, Akhlaq, Shariah (Ibadat & Muamalat) Compliance to the Scheme of Shariah Laws

  11. AQIDAH (Faith & Belief) • Firm belief in the heart and must be applied into actions • The belief in God, the belief in Prophets, The Angels, The Books, The Hereafter and The Divine Decree Compliance to the Scheme of Shariah Laws

  12. SHARIAH • “Shara’a” is the root Arabic word of shariah. • The original meaning of word shariah is “the path or the road leading to the water”. • The verb shara’a literally means “ to chalk out or mark out a clear road to water”. • In a religious sense, it means “the highway of a good life”. Compliance to the Scheme of Shariah Laws

  13. Cont…shariah • In legal term “shara’a” means to make or establish laws. • In legal term means laws relating to all aspects of human life established by Allah s.w.t for his servants. • Laws relating to human life are divided into three: • Those relating to belief • Those relating to deeds • Those relating to ethics • it is the responsible of the Muslim to knows the rules of Allah such as rules related with: • Man relationship with God like worship (ibadah) • Man relationship with other fellow-human like rules of marriage (Munakahat), criminal law(jinayah), business (Muamalat), politics (Siyasah), international law and others. Compliance to the Scheme of Shariah Laws

  14. Objectives of Shariah Compliance to the Scheme of Shariah Laws

  15. AKHLAK • Covers all aspects of Muslim behavior , attitudes and work ethics with which he perform his practical action: • Moralities and ethics • Behavior • Thinking • The process of judgement Compliance to the Scheme of Shariah Laws

  16. Worship (Ibadah) • Worship (Ibadah) is actually the main purpose of the creation of man on earth. • Allah mentions in the Holy Quran : I created the jinn and humankind only that they might worship me (51:56) • To serve Allah is not only through the devotional acts of prayer, fasting, payment of zakat and pilgrimage. • The Muslim serve Him through all their good actions whether for wordly life or heavenly purposes. Compliance to the Scheme of Shariah Laws

  17. Compliance to the Scheme of Shariah Laws

  18. MUAMALAT • Muamalat is plural and the singular is Muamalah. • Muamalah is from the verb “aamala” literally meaning to interact. • Muamalat means interactions or transaction. • Commercial transactions -through contracts which are permitted by the Shariah as evidenced by the Quran, the Sunnah and other sources of Islamic law. Compliance to the Scheme of Shariah Laws

  19. CHARACTERISTIC OF MUAMALAT(CIVIL TRANSACTIONS) • Free from Riba (an increase) • In compliance with (objectives of) Shariah • Devoid of Gharar (uncertainty, indeterminacy) • Free from Qimar (gambling) • Free from Maysir (games of chance) • Free from Ghishsh (fraud) • Free from Khibalah (cheating) • Entitlement to profit depends on liability for risk • Contracts based on free mutual consent Compliance to the Scheme of Shariah Laws

  20. Compliance to the Scheme of Shariah Laws

  21. PAST YEAR QUESTION Compliance to the Scheme of Shariah Laws

  22. APRIL 2009 Question 3 (c) Elaborate the primary and secondary sources of Islamic bank. (12 marks) OCTOBER 2009 Question 3 (c) Elaborate two (2) primary sources of Islamic law and its functions. (16 marks) Compliance to the Scheme of Shariah Laws

  23. THANK YOU!!(^_^) Compliance to the Scheme of Shariah Laws

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