CHARACTERISTICS OF ISLAMIC INSTITUTION

 1.0  INTRODUCTION

Islam is derived from Arabic word means peace and submission. It is a religion which Allah revealed to His last prophet, Muhammad S.A.W to accept and obey to the teaching of Allah. There are many religion in this world but Islam has its own characteristic that make Islam unique and differs from other religion. The uniqueness of Islam make this religion relevant and practical to profess all time regardless of race, skin color, or place. Every living thing in this world has their own characteristic that distinguish them from the other. Therefore, it is very sensible for us to learn and know distinctive characteristics of Islam.

The world is becoming more sophisticated and technologically advanced, it is very challenging and worrying as some Muslim engrossed with worldly and neglect the responsibilities as a Muslim. Some of them does not even know what make Islam special and different from other religion. So, the objective of this report is to identify seven characteristics of Islam. Reader should be able to understand and explain the different characteristics of Islam that make it unique and dynamic all time. It is important to know the characteristic of Islam for a Muslim so he or she can know Islam better and able to tell what make Islam differ from the other religion that exist in this world. It is also important to reserve the originality of Islam and not confuse about the teaching of Islam.

This report is written to list and explain the uniqueness and characteristic of Islam. The characteristic include Rabbaniyah, ThabatWaMurunah, Waqi’iyyah, Tawazun, Syumul, Alamiyah, and Wasatiyyah. The meaning and examples related to our daily life will be explained in detail in this report so the reader can understand easily about this topic.

2.0 CHARACTERISTIC OF ISLAM

2.1 RABBANIYYAH

·         Meaning And Concept

The word Ar-Rabbaaniyyah is ascribed to Rabb-God- because a Muslim recognizes and obeys Allah, he is thus a god (godliness). His godliness also not only majestic but he is also a personal god. According to al-Quran, He is nearer to person than his own jugular vein and very responded whenever human call him in their prayer. In surah Qaf verses 50:16,

From verses above, we can see Allah’s godliness. Rabbaniyyah also means that, Islam comes from Allah SWT. As human and caliph, we need to execute Allah’s order and do it in order to seek Allah’s pleasureOther than that, quoted from Dr. Mohammad Azemuddin, Vice President Muslim American Society, Rabbaniyyah also means that all of our action, speech is centered on fulfilling Allah’s will to earn His pleasure. That is why we concentrate on ourselves and our community to Allah SWT and aligning our life with His guidance.

Al-Quran is the primary source of Islam. Godliness of Allah SWT shown in Al-Quran which is principles and law comes from Allah are absolute and no one can disobey it. Besides that, Allah SWT also stated in Quran that he created human and other living things with purposed. Humans are created for the sole purpose of praising and worshipping Him as we can see from surah Adh-Dhariyat ayah [51:56]

Other than that, as muslims we need to believe in one god which is Allah SWT and this is called tawheed. It is a fundamental in Islam. As in syahadah also (first step towards Islam) stated that there is no god except Allah SWT. Allah is beyond all comprehension, muslims are not expected to adores Allah but they need to worship and adore Him all the time. We need to have firm faith and believe in Allah SWT.

·         Catergory Of Rabbaniyyah

            Rabbaniyyah can be categorized into two which are in terms of goal and intention and in terms of approaches and resources.

            Why Allah create human? Humans are created to be caliph in this world and to do orders from Allah like has been stated in Al-Quran. We need to worship and praise Allah and it’s just not human that is need to worship and bow to Allah but all his creation included inanimate things.

It is important for human to seek Allah’s pleasure. We must do things with sincerity and intention of seeking Allah’s pleasure. Allah really displeased if we do things in order to show off. 

            As caliph, human need to know their objective and goals in their life which is to carry responsibilities as caliph and worship Allah SWT.Human also created in order to observes Allah’s creation and by observing Allah’s creation, humans need to be grateful and amazed. It shows that Allah’s godliness and his power.

Other than that, prayer ordua’ is very important to muslim. Dua’ is to free someone oneself from internal conflicts and anxiety about servant and his God. By communicate with Allah SWT through dua’, like complaining about our daily life and problems we can free ourselves from those burdens and conflicts. Besides that, Allah really like when we rely on Him.

2.2 ‘ALAMIYYAH

·         Meaning And Concept

            What is alamiyyah? Alamiyyah is universality. It means that, the teaching of Islam is not for a certain races but for all humankind which is all layers of society and races. Other than that, ‘Alamiyyah also defines islam is universal or suitable in the sense that the teachings of Islam transcend across time, space and geographical boundaries. Therefore, it shows that in islam, wherever you live the teaching is Islam can be applied to all without looking for skin type or races. We can see this in surah al-Hujuratveses 49:13 where Allah SWT stated O mankind which means all human and it does not stated certain races but all human being.

Besides that, from verses above shows that, Islam is multiracial religion. With this, it shows that Islam is unique and universal.

Al-Quran is the primary source of Islam. People who interested in Islam can read al-Quran as it is universal and it can be read by all races and religion. As our Islamic Institution teacher,Musaddiq Majid Khan Al-Nadwi stated that, “if you interested in Islam, read and study the holy Al-Quran, not the muslims”. Al-Quran contains messages, principles, rules and etc which are meant to all human being. From surah At-Tawbah verses 11 shows that, messages in Quran are meant to all.

So what differs muslims and non-muslims? It is taqwa. Taqwa differs muslim and non-muslim from Allah’s side.Taqwa means piety, righteousness, fearful of Allah, being God conscious and etc. In fact, a muslim (believer of Allah) need to infuse their heart with taqwa if they want to be view as believer of Allah and want to be in high place by Allah’s side.

·         Principles Of Alamiyyah

I.            Principle of justice

As we can see, Alamiyyahalso applied in Islamic government like Malaysia and Brunei. Some rules and principles in government law have been applied. For an example, in Brunei, hudud has been applied for the criminal that steal. This shows that, principle of justice has been applied from one of the principles in Alamiyyah. Like verses 38 from surah Al-Ma’idah mention about hudud.

II.            Principle of consultation

Other than that, principles of consultation which is Shura, is rooted in the Quran itself. The Quran has presented shura as a principle, and not as a system, of governance. The distinction is important to note, because the Quran thereby has left it to successive generations of Muslims to continue to strive toward a more perfect realization of the shura principle. The Quran and Muhammad SAW encourage muslims to decide their affair by consultation with those who will be affected by decision.

            Shura’ is a praiseworthy activity that has been used to decide or organizing affair in mosque, parliament and Islamic organization. Shura’ is first mentioned in surah Al-Baqarah verses 233 “And if they both desire weaning through mutual consent from both of them and consultation there is no blame upon either of them. And if you wish to have your children nursed by a substitute, there is no blame upon you as long as you give payment according to what is acceptable.”

This surah encourages both parents decide by mutual consultation about weaning their child.

III.            Principle of no harm shall be inflicted (la dararwa  la dirar)

            The principles of no harm shall be inflicted or la dararwa la dirarstated that Islam disallowed all things that can cause harm and thus these elements need to be avoid and eliminated. The word dharar or harm includes all kinds of harm either to the individual, society, environment and others. Necessary measure must be takes in order to prevent from it happen. Surah Al-Baqarah verses 195 shows that Allah doesn’t like when human do destruction.

And spend in the way of Allah and do not throw [yourselves] with your [own] hands into destruction [by refraining]. And do good; indeed, Allah loves the doers of good.

For an example, if there is a big stone on the road that can cause harm to people, we should remove it as it can cause accident and harm people. Other than that, suicide is the greatest sin in Islam compare to killing another person. This is because suicide means that we have changed the fate that has been set by Allah SWT for us. Rasulullah SAW has stated that suicide is the greatest sin in many hadith.

“He who commits suicide by throttling shall keep on throttling himself in the Hell Fire (forever) and he commits suicide by stabbing himself shall keep on stabbing himself in the Hell-Fire”. (Bukhari,Janaiz 84)

IV.            Principle of equality

In Islam, principle of equality is one the basic element of system in Islam. This value of equality is not to be mistaken for or confused with identicalness or stereotype. Islam teaches that in the sight of Allah Almighty, all people are equal, but they are not necessarily identical. There are differences of abilities, potentials, ambitions, wealth and so on.

The differences of race, color or social status are only incidental. They do not affect the true stature of man in the sight of Allah. Again, the value of equality is not simply a matter of constitutional rights or the agreement of noblemen or condescending charity. It is an article of faith, which the Muslim takes seriously and to which he must adhere sincerely. The foundations of this Islamic value of equality are deeply rooted in the structure of Islam. It stems from basic principles such as the following:

(1) All men are created by One and the Same Eternal God, the Supreme Lord of all.

(2) All mankind belong to the human race and share equally in the common parentage of Adam may Allah exalt his mention and Eve.

(3) Allah is Just and Kind to all His creatures. He is not partial to any race, age or religion. The whole Universe is His Dominion and all people are His creatures.

(4) All people are born equal, in the sense that no one brings any possession with him; and they die equal in the sense that they take back nothing of their worldly belongings.

(5) Allah judges every person on the basis of his own merits and according to his own deeds.

(6) Allah has conferred on man, a title of honor and dignity

Such are some of the principles behind the value of equality in Islam. When this concept is fully utilized, it will leave no place for prejudice or persecutions. And when this Divine ordinance is fully implemented, there will be no room for oppression or suppression. Concepts of chosen and gentile peoples, words such as ‘privileged’ and ‘condemned’ races, expressions such as “social castes” and “citizens” will all become meaningless and obsolete.

Prophet Muhammad said: "O mankind, your Lord is One and your father is one. You all descended from Aadam, and Aadam was created from earth. He is most honored among you in the sight of God who is most upright. No Arab is superior to a non-Arab, no colored person to a white person, or a white person to a colored person except by Taqwa (piety)." [Ahmad and At-Tirmithi ]

2.3 SYUMULIYYAH

Syumuliyyahis derived from Arabic word, Syamila which mean complete or perfect. As we know, Islam is the complete way of life. All the teachings of Islam encompasses all the aspects of life in this world and the hereafter. The principles of Islam are suitable everywhere for all times and periods.

In Quran, Allah affirms:

Translation:

“We have not left out anything from the Book in determining the courses of their lives” (al-An’am, 6:38) 

Moreover, Allah said in the Quran which means:

“This day I have perfected for you your religion and completed My favor upon you and have approved for you Islam as religion” (al-Maidah, 5:3)

This verse explain Islam not just an ideology, but a life system (manhaj). It covers the way we should live our live in this world and hereafter. It covers all aspects related to human life like:

1.        Relationship between man and Allah S.W.T

·         As a Muslim, we must accept and obey the teaching of Allah. A Muslim should hold to pillars of Islam:

                       i.      The testimony of faith

§  To be a Muslim, one must say with conviction, “La ilahailla Allah, Muhammadurrasoolu Allah”, it means :There no God but Allah, and Muhammad is the Messenger of Allah. The first part means that man must not worship anything else except Allah alone. By worship, man must practice and obey all the teachings, and command good and forbid evil.

                     ii.      Prayer

§  Muslims must perform prayer five prayers a day. It is a direct link between man and Allah. Allah has command the man to do the prayer as we can see in Surah Taha, verse 14 which means :

"Verily, I am Allah. There is no god but I: So serve thou Me (only), and establish regular prayer for celebrating My praise. (20:14)

2. Relationship between man and another man

·         The relationship between man and another man can be seen from the aspect relation between parents and children, neighbor, and relatives. Allah S.W.T says in the Quran:

“Worship Allah and associate nothing with Him, and to parents do good, and to relatives, orphans, the needy, the near neighbor, the neighbor farther away, the companion at your side, the traveler, and those whom your right hands possess. Indeed, Allah does not like those who are self-deluding and boastful.” (An-Nisaa’, 4: 36)

Reference: http://abunidapost.blogspot.my/2014/06/wajib-anda-ketahui-apa-maksud.html

3.      Relationship between man with the unseen creatures

·         We can specify the unseen creatures as angels, devils, and jin. Man and the unseen creatures are created by Allah to worship Allah S.W.T. In Quran there are verses that show the relation between man and jin :

“I have only created Jinns and men, that they may serve Me” (Adz- Dzaariyaat, 5:56)

“O you assembly of jinns and mankind! "Did not there come to you Messengers from amongst you, reciting unto you My Verses and warning you of the meeting of this Day of yours?" They will say: "We bear witness against ourselves." It was the life of this world that deceived them. And they will bear witness against themselves that they were disbelievers” (Al-Anam, 6:130)

 

4.      Relationship between man and the environment

·            Allah has created everything that exist today with balance. As Allah declared in Quran :

“Verily, all things have We created in proportion and measure” (Al-Qamar, 54:49)

“Every single thing is before His sight, in (due) proportion” (Ar-Ra’d, 13:8)

§  In this universe, everything that were created have its own function. The man environment are two of the evidences of greatness of The Creator, Allah S.W.T. Man and environment are depend on each other. As example, to breathe and survive man need oxygen that can be produced by the plant. As for food, man eat plant and animals that is not forbidden in Islam. Vice versa, plant need carbon dioxide that is breathe out by man to do photosynthesis. So, man should not abuse and distort the environment created by Allah as this resources can be use up to the next and next generations.

Reference: http://abunidapost.blogspot.my/2014/06/wajib-anda-ketahui-apa-maksud.html

The completeness in Islam is completeness in:

       I.            Time

           Islam was brought by our prophets, from Prophet Adam to Prophet Muhammad S.A.W. They had brought the same teaching from Allah which is Islam.

Allah says :

“We did not send you (Muhammad) except as mercy to mankind” ( Al-anbiya, 21:107)

           Islam brought by the prophets in general is for their people at that time. As example, Prophet Nuh brought Islam for Tsamud people, while Prophet Muhammad as the last prophet brought Islam to all mankind from his time until the doomsday.

Allah affirmed that:

“Muhammad is not the father of any of your men, but (he is) the Messenger of Allah, and the Seal of the Prophets: and Allah has full knowledge of all things” (Al-Ahzaab, 33:40)

    II.            Minhaj

Minhaj can be defined as the methodology of receiving, analyzing, and applying the knowledge. If we have learn Islam and Quran correctly and we are truly understand it, we are on correct minhaj. The foundation of Islam is to have strong aqidah. This is closely related to the pillar of faith. A kaffah (whole) Muslim is described as a Muslim that salimulaqidah, which is a save aqidah. We must believe and follow all the teachings delivered by the Messenger, Muhammad S.A.W. A Muslim is not just “Muslim” by pronounced the syahadat, but we must practice all the teachings correctly.

Reference: http://edawah-moslem.blogspot.my/2011/08/islam-itu-indah.html

 III.            Place

The completeness of Islam is not limited to one place but it is everywhere because Allah has created the mankind and the universe as unity. Everything that happened in the universe are destined and given by Allah because He is the only creator.

“In the creation of the heavens and the earth; and (in) the alternation of night and day; and (in) the ships that sail through the sea by bringing things that are beneficial to humans; as well as (in) water which Allah sends down from the sky, and God's life to the plants on the earth after its death, and He hath dispersed therein all kinds of animals; as well as (in) windsand clouds which are held between the sky and the earthindeed (to them) there are signs (which prove the oneness of Allah, His wisdom, and His mercy area) for people who (want to) understand.” (Al-Baqarah, 2:164)

Reference:       http://edawah-moslem.blogspot.my/2011/08/islam-itu-indah.html

                        http://www.surah.my/

2.4 THABAT WA MURUNAH

Thabatis derived from Arabic word, thaba ta, means fixed and steady. While Murunah is derived from word ma ranawhich means flexible or adaptable. This characteristic implies that Islamic teachings are very firm and cannot be changed in certain areas but at the same time flexible in other areas.

According to Yusof Al- Qardhawi, the firmness and flexibility in Islam is:

1.      Fixed on purpose but flexible on the implementation

2.      Fixed on general policies and method but flexible on branches matter

3.      Fixed on religious and moral values but flexible in worldly affairs

·         Concept of Thabat:

            Thabatis fixed and not changeable. In Islam, there certain teachings that are fixed, cannot be amended and modified the principles and the implementation. The principle that can’t be changed are:

a.      Aqidah

The concept of al-thabat in aqidah can be seen in terms of belief in Allah S.W.T and no partner to Him. Matters relating to faith is fixed and cannot be amended or modified. We must believe Allah as Rabb and acknowledge wholeheartedly only Allah is the creator of the universe, the one who give rizqi, and owns and administer the universe.

Concept al-Thabat and aqidah can be seen from the event of Rasulullah that was offered with gifts and wealth so that Rasulullah tolerates with the belief of musyrikin that practices idolatry. Despite that, Rasulullah remained with his stand which is believe in oneness of Allah.

This is clearly state in al-Quran in surah al-Kafirun, verse 4 to 6 which means:

“And I will not worship that which ye have been wont to worship, Nor will you worship that which I worship. To you be your religion, and to me mine.” (109: 4-6)

b.      Ibadah

Concept of al-thabat in ibadah can be seen clearly especially in compulsory Ibadat like prayer and fasting in the month of Ramadhan. This Ibadat cannot be changed as they had been fixed by Allah. Muslims needs to do prayer five times a day and the number cannot be less than that. Meanwhile, fasting in the month of Ramadhan is compulsory for that month only and we cannot do it in other months. We are obliged to do this compulsory Ibadat in whatever situation because this provision will not burden us and everyone is able to perform it.

As Allah affirms in Quran :

“Allah burdens not soul beyond his scope. He gets reward for that (good) which he has earned, and he is punished for that (evil) which he has earned (al-Baqarah, 2:286)

c.       Syariah

The syariah of Islam has have established various laws to regulate and control every aspect of human life. The laws are compulsory (wajib), sunat, makrooh, and must). Some of the principles in daily practices such as the ban on riba, and mutual obligations in the contract. In addition, the implementation of criminal law that obliged in the Quran and Hadith as hudud and qisas not changeable.

Allah says in al-Quran :

“As to the thief, Male or female, cut off his or her hands: a punishment by way of example, from Allah, for their crime: and Allah is Exalted in power.” (al-Maidah, 5:38)

 The same law also illegal for matters described by Quran and Sunnah such as pork, drinking alcohol, gambling and riba. These things a given by Qat'i and is unlikely to change forever. Things like this that are included in the concept of al-thabat.

·         Concept of Murunah

Murunah means flexible, can be change, soft, and can be shaped. The teachings of Islam delivered by the Messenger can be changed according to situation but appropriate. However, its basic principles must be remained. We can see that Islam is an easy religion and will not burden its followers.

Islam gives the flexibility and convenience (ruksah) for people to perform Allah’s command whenever and wherever they are.

 

·         Principles of Murunah:

a.       Islam as an easy religion

Allah knows the limit and capability of His servant in performing every commands. So, Islam has set the suitable laws according to the man capability. In the implementation of compulsory law, the minimum requirement has been set to meet the ability of human to do it. Although Islam gives flexibility to people on how to perform the commands, they must follow the limits that has been set.

Example :

One is compulsory to cover their aurah. The ruling is fixed but the way they cover their aurah is flexible. They are allowed to wear different kind of clothes or fashion style as long as they are not violating the rules that has been set. We can see the rules in this verse :

“And say to the believing women to lower their gaze (from looking at forbidden), and guard their modesty; and let them not show their beauty and ornaments except what appears thereof; and let them cover parts of the neck of his shirt with a hood over their heads…” (An-Nur, 24:31)

In the month of Ramadhan, all Muslim are compulsory to fast. But Islam will not burden their people. Fasting only be done during the day and one who cannot perform it because of reasonable allowed causes, they do not have to fast.

b.Performed according to the situation and capabilities

Islam gives flexibility for people to perform compulsory ibadah like prayer, fasting, and zakat according to their capability. The five times per day prayer is still compulsory for all Muslim in whatever situation, but Islam gave the flexibility on how to perform it according to one capability and situation.

Example :

1. Solat for sick and ill people. For people who can't do their prayers by standing, he is allowed to perform it by sitting. If he still can't manage it, he can do it by landing on the bed. But if he still can't perform it, Allah gave him another RUKSAH by using only eye signal.

2. When a Muslim are in the middle of musafir, Allah gave him RUKSAH in prayers. He can do JAMA' QASAR prayers. The command for performing prayers are compulsory for all Muslims but the ways to perform it is flexible.

All of these were stated clearly by Allah:

“And if you are ill, or on a journey, or one of you comefrom the office of nature, or you have touched women, and you find no water (for bathing or ablution), then go to high clean soil - dust, which holy, and rub your faces and your hands. Surely Allah is Pardoning, Forgiving.” (An-Nisaa’, 4:43)

2.5 WAQI’YYAH (واقعية)

·         Definition of Waqiyyah

Al-Waqi'iyyah can be defined as reality and truth. It involves Islamic teachings of Islam that is suitable for the practice in human life. Any difficulty, problem and issues that occurred during the process of human life will be resolved according to Islamic method depend on circumstances and suitability of reality. So the Islam perceived as flexible in resolving all difficulties that arise depend on circumstances.

By justifying reality, so need included element "Understanding the Reality of During Life " according to certain scenario for those who going making evaluation, change and improve condition deflected far from the indication original of Islamic. So all fuqaha '(fiqh member) and mufti responsible provide answers towards any religious difficulty which arose. In this matter, so they should take in reality situation related to current living, before deciding whatever decision.

·         Principles of Waqi’yyah

1)      Practical Islamic Teachings

Islamic always take into account position and human real power with his strength and weakness that distinctive. Therefore Islamic fix perfection limit and duty that are most minimum to be carried out by man.

2)      Islamic Teachings solve human problem

Islamic always preparing method and way to solve problem that is faced by man through al-Quran and al-Hadis Rasulullah S.A.W

3)      Islam emphasises moderation

Islamic always underline balance between life in the world and life in Hereafter, between right of the individual and society and so on.

4)      Positive towards human thought

Islamic always encourage their follower to increase the power of thinking to be high, creative and innovative.

·        Relationship between Principles of Waqi'iyyah with Islamic Development

Principles that exist in Waqi'iyyah are made worship as a methodology for development based on Islam. First, Islam is a practical and not a utopia (imaginary). Then Islam takes into the actual reality of human life in this world, where filled with elements of the good and forbidding evil deeds. At the same time, it also has judgments about the strengths and weaknesses of fairly human based on sources of the Qur'an, Hadith, Ijmak, and Qiasulama’. Hence the teaching of Islam is more practical and true for best practiced in our daily life. For example of paying zakah does not mean a Muslim has to give away all his money and property to gain Allah’s favour, only a small percentage of it for the benefit of society at large.  In this way it is the most realistic and practicable religion.

The second principle is capable of solving any problem related to human life. This can be done by practicing the teachings of Islam in a holistic manner. Allah knows everything about man’s nature and needs and He is the only who is capable and powerful to solve man’s problems, guide him and protect him from his own weaknesses. Thus, the religion of Allah s.w.t alone can solve the problem and confirmed in the life of the world as the preparatory process of the Hereafter. For example the content of the second pillar of Islam that prayer is the foundation of worship must be carried out by all Muslims. The prayer cannot be separated between Muslims and Allah s.w.t because it directly builds relationships through spiritual formation. Anyway prayer is mandatory and cannot be omitted except its sickly syar'ie. For example, if we sick, then prayer can be done according to the ability of ourselves in ways of standing, sitting and lying down. While those who journeyed given by God through the ways of Qasar and Jama'.

What Allah says in Surat Al-Baqarah:

لَايُكَلِّفُاللَّهُنَفْسًاإِلَّاوُسْعَهَا

“Allah does not burden a soul beyond that it can bear…” (Qur’an, 2:286).

It means Allah never imposes his servants by forcing them to do something that beyond their capability. That why Allah s.w.t does not force sick people to pray like a healthy person, but done according to their own capability.  So prayer and charity as fundamental worship is to serve as the development methodologies based on Islam and justified significantly by applying the elements of Waqi'iyyah as appropriate in worship that connect people with Allah s.w.t.

If we stand back and take a look at the whole picture, we will realize that what we have when faced by a tragedy is a choice. Will we go through the stages of grief, denying Allah’s destiny and the wisdom of His plan for us? Or will we realize that what we are going through is something we know that we can handle? Whatever trial comes in our way is something that Allah has planned and which He has guaranteed we can handle.

The third principle, Islam gave space to the development of science of the mind that gave birth to civilization. It includes the teachings of Islam which encourage people to increase the power of mind, creative and innovative in order to create a glorious civilization. There are verses of the Quran and Hadith that ask people to study. This situation clearly and correctly through the verses of the Quran were first written down is demanding human to reading. Therefore Islamic give privilege to who has knowledge. So they lifted prestige beside Allah s.w.t. Furthermore, Rasulullahs.a.w. have equalise people who pursue knowledge by fighting in Allah s.w.t.'s road.

·        Prove of Islam Emphasizing Simplicity

Concept	Explanations
Aqidah	- Islamic only compelled his followers believe matter with evidence and something that are clear and real.
Ibadah	- Religious worship in Islam not too lightens and do not burden his follower.
Life	- Islamic Teachings is balancing between life requirement in the world and life happiness Hereafter.
Law	- Islamic Law is suitable with natural human tendency. Every sentence in Islam is equitable for all. - Islamic criminal law ensure peace and harmony society. - Islamic criminal law set up universal justice. - Islamic criminal law upholding rights and eliminates falseness.
Individual and society	- Every individual has the right that must be carried out to ensuring harmony life.
Knowledge	- Islamic knowledge emphasizes nature of honesty in all dealings. - Islam forbids something like monopoly and others. - Islamic knowledge raises satisfaction or calmness of the heart of all parties.

·        Prove of  Islam has characteristic of Waqi'yyah

1.      Islamic Law can be accepted and practise by all mankind.

2.      Islamic emphasize universal justice.

3.      Comprehensive Islamic Justice.

4.      Islamic always defend truth and fight against falseness.

2.6 TAWAZUN (توازن)

·         Definition of Tawazun

Tawazun is an Arabic word meaning balance. It is a simple word yet holds a deeper meaning and effects in our daily life. If we quietly observe, everything in this world have been created in a balance.

Islam is a unique religion because of its concept of balance.  It means Islam keeps the balance between two opposite ends. Many religions focus too much on morality and spirituality at the expense of practical aspects (law), or focus too much on law and not too much on spirituality, while others give a believer only the choice between being a wretched sinner or a saint. Islam gives room for all aspects of religion, and it does not ask every Muslim to strive for an ideal that is too high and too perfect for him to follow. Islam forbids Muslims from being in the mosque 24 hours performing ‘ibadah and ignore the worldly life. This verse lays down the principle:

وَابْتَغِفِيمَاآتَاكَاللَّهُالدَّارَالْآخِرَةَوَلَاتَنسَنَصِيبَكَمِنَالدُّنْيَا

وَأَحْسِنكَمَاأَحْسَنَاللَّهُإِلَيْكَوَلَاتَبْغِالْفَسَادَفِيالْأَرْضِإِنَّاللَّهَلَايُحِبُّالْمُفْسِدِينَ

Seek instead, by means of what God has granted thee, (the good of) the life to come, without forgetting, withal, thine own (rightful) share in this world; and do good (unto others) as God has done good unto thee; and seek not to spread corruption on earth: for, verily, God does not love the spreaders of corruption. (28:77)

In ideal Christianity, a believer is asked to give away all his wealth until he becomes a pauper, or to dedicate his life to God and forsake the joys of having wife and children. In Islam, a Muslim who follows the example of the Prophet Muhammad (peace be upon him) dedicates his life to Allah but without having to ignore all joys in life. Islam does not consider life on earth as a punishment but a test. He is asked to give what is due to Allah, what is due to himself, to his family, and to his society, strive for the good in this life and the Hereafter.

·         Examples of Tawazun

We see day and night, the sun and the moon, man and woman, even in an atom we can see the proton balancing out the electron. What would happen if this world is unbalanced? What if one day the sun decided not to come out? What would happen then?

The same rule applies in our life. We have to balance all aspects of our life because they are all intertwined and affect one another. We have our work, family, spirituality, social life, leisure time and other aspects that need our attention. If we neglect to give the proper time and attention to those tasks then our life will start to become unbalance and things can start to go downhill. To become unbalance is to go to the extreme on one aspect of our life and completely neglected all the other aspects of our life. So below such as important thing that we need to take positively:

1.      Understand what our responsibilities and priorities are.

We have to know the essential tasks and activities we need to do to achieve a happy and meaningful life. Map it out on a piece of paper or computer so we can clearly see what our responsibilities are and can organize our life around it. We have responsibilities to ourselves, family, health, spirituality, finances, friends and social life. Different person has different priorities and situations so adjust them according to ours

2.      Schedule our day accordingly.

Basically, we need to organize our day, so we have a plan for what we want to get done for this day. Try to organize our activities around those tasks that have a fixed time such as work, school, sleeping, etc. Put a certain time limit for each activity we are going to do today. It will help us see how much time that we actually have to do those essential tasks within the time limit. What I have found is if we set a time limit for each of our activity, we will be more efficient in using our time and can begin to eliminate activities that are non-productive such as playing video games, chatting on the internet or busy replying to our friend’s Facebook comments.

3.      Take a balanced approach to different aspects of our life.

Balance does not mean that we give equal amount of time to the different aspects of our life. It depends on the priority. What if our mother is sick? Taking care of her health will probably become our number one priority at that moment and we have to organize our other activities and tasks around it. Trying to balance our life really is a balancing act because life is constantly changing.

Balancing our life is easy but it takes will power, persistence, consistency and patience to make it happen. I believe that anyone can achieve a balance life if we truly want it and it’s not impossible.

Prioritize the big aspects of our life first and then organize the little details and activities around those big aspects. Hopefully everything will fall in its place.  Imagine that our life is a jar, the big aspects of our life as golf balls, and the little details in our life as sands. If we put the golf balls first into the jar and then fill it up with sands, we can see that everything will fit nicely into the jar. If, however, we try putting the sands first and then filling up the jar with the golf balls; we will have a hard time fitting everything into the jar. The same principle is true with our life.

We can tell if our life is out of equilibrium because we will feel it in our heart. Whenever we feel unbalance, get back to our heart. It will tell us what to do to regain our balance. But we need to remember that to live a balanced life doesn’t mean that we always give equal portion of our time on each aspect of our life. It all depends on the situation that we are faced with; and the focus of our life at that moment in time. What seems to be important for us today may suddenly become unimportant. Only we can decide whether we have truly lived a meaningful and balanced life.

2.7 WASATIYYAH

            The term al-wasatiyyah is derived from an Arabic word “wasat” which means middle, fair, just, not extreme and moderate.  The word in its different forms is used in several contexts in the Qur’an, all the word forms revolving around similar linguistic meanings.

In English “Wasatiyyah” which also rooted from “Wasat” means middle or balanced while “Awsat” means the mid of everything. Similar definition applies to the word “virtue” which means “the mid between two bad characters or two bad extremes”. Moderation in Islam means that one does not exaggerate and go beyond the limit set by Allah, and that one does not neglect it and fall short of the limit set by Allah. Moderation in religion means following the example following the example of the Prophet (pbuh).

            The approach of wasatiyyah also means practising Islamic teachings in a holistic and perfect manner in each aspect an individual and a community life by increasing the quality of life of the ummah. This continuous improvement encompasses development in education, humanity, unity, economy and finance, law and order as well as defence.

1. Wasatiyyah in Al-Quran

Allah(s.w.t) has stated the term wasatan in His words which means :

            “And thus we have made you a just community.” – Surah Al-Baqarah, verse 143

 Its messages signify a perspective which is principally used for advancing the nucleus of the al-wasatiyyah (moderation) paradigm. Accordingly, when Allah describes Muslims as “ummatan wasatan” (justly balanced ummah), the impression thus conveyed is that Islam is a religion of peace, moderation and impartiality, not of extremism, prejudice and intolerance. Moreover, Islam is a religion of amity, justice, harmony and moderation with the Creator, self, people and at once built and natural environments. These ideals of total balance and equilibrium are to be promulgated and practiced at each and every tier of Muslim existence including built environment without compromising on honesty, integrity and truth. And surely, so long as there is no peace, justice or harmony with God and self, there could be no amity, harmony or fairness with people either.

2. Wasatiyyah in Al-Sunnah

This is also mentioned by Prophet (pbuh) that the term middle in his words which means : “The best thing is always the most middle.”

·         The rejection of extreme priesthood way of life.

Extreme priesthood can be explained as the act of denying the practice of good and beneficial things in life for instance, marriage and development. Al-Bayhaqi narrated Prophet Muhammad said ‘Get married, and I shall be proud of you among other ummahs or the Judgement Day and do not practice the life of Christian priesthood.

·         The permission to entertain, laugh and joke especially in gathering like a wedding celebration.

Prophet Muhammad was against the practice of being rigid and too serious at places and occasions where human need to rest, entertain, laugh and joke around.

·         The encouragement to take care of beauty and enjoy the gift and blessings from Allah (s.w.t) .

It is halal and permitted for Muslims to wear beautiful attire and use fragrances. Hadith narrated by Ahmad Maslan & Tirmizi; “Verily Allah is beautiful and likes beauty.”

·         The overlap between the rights of Allah, self and the creations.

Prophet Muhammad is against extreme habits in performing fast, solah, zikir, and reciting Al-Quran to the extent of violating the right of self, family and community.

This was exemplified in his action to Abdullah bin Amr when he was too extreme in his Islamic rituals as Rasullullah S.A.W stated to him: “Verily your body, your eyes, your family and your guests have rights on you.” Also narrated by Tirmizi: “Hence, give the right to those who own the rights”.

3. Wasatiyyah approach according to Ulama of Muta’akhirin (contemporary scholars).

·         Muhammad ‘Abduh & Muhammad Rashid Rida

The term “al-wasat” can be defined as just and excellence. Excellence is the midway between the two flaws. If there is more of something, it will be considered as extreme while if there is less something, then it is considered as negligence or carelessness.

·         Mahmud Shaltut

Islam is a truthful guide which establishes an appropriate law for all time and places.These situations can be observed in all matters of aqidah, akhlaq, the relations of human and life and legislation.

Aqidah – Islam explains the midway among those who deny the existence of God and they believe that the world happens naturally and coincidently, on the other hand, there is another group who believe in many Gods.

Akhlaq (the practice of virtue, morality and manner) – Islamic akhlaq is to be in the middle of not too tight and not too wasteful either. Not too proud or too self degrading and not too coward or overly daring.

The relations of human and life – based on the concept of middleness, between the extreme of material world – food, drink, lust, wealth – and spiritually like rejection of life as whole, not wanting to get married, and not making any effort in earning a living.

            “By the means of what allah has given you, seek the abode of the Hereafter, while not forgetting your share of this world.” (Surah Al-Qasas, Verse 77)

Legislation – Islam allows freedom in formulating the law according to syara’ and allows the flexibility to firm ijtihad (decision in Islam) for the sake of ummah.

·         Hasan Al-Banna

Hasan al-Banna, the founder of Ikhwan Muslimin movement in Egypt was among the ulama who advocated Wasatiyyah Islamiyyah when he found himself being in the middle of two groups. At one extreme was the group who fought for change while as the other side, there was the group who was rigid and rejected change. Similarly when he dealt with a group of overly rational people and another which was at the end of the other side who totally neglected the element of mind and thinking. Hasan al-Banna was also considered witty in his balanced stance between those who were blindly influenced by the advancement of the West and those who limited everything within Islam and rejected any achievements by the Westerners in science and technology.

3.0 PRIMARY SOURCES IN ISLAM

3.1 Al-Quran

The Quran contains a set of moral and judicial injunctions which are the basis of Islamic law and concern life of human beings in every detail. It includes many commandments, rules and principles for the behaviour and relations of individuals in the society. Most of its principles in nature though some of them are well defined. The words of Quran are final and no one can change its text. Al-Quran is not just a holy book that relate to the history, law, and science, that used by only Muslims, but actually it is a perfect reference to the mankind. It is an universal guidance which is not only relevant during the Prophet Muhammad saw time, but the issues contain in it still comprehensive to applied in this modern world. It provided a balance economic system that arise and got blessing by the God.

3.2 As-Sunnah

Sunnah is the second and equally important primary source of Islamic Law. Sunnah is simply the model behaviour of Prophet Muhammad. It includes the authentic statements of the sayings, deeds, approval or disapproval of actions by Prophet Muhammad. Whenever Al-Quran is silent, on ally issue or when its real meaning is hidden from us, then we have to resort to the Sunnah. The Sunnah deals with such matters as revelation, knowledge, pilgrimage, prayers, funerals, taxes, marriage and divorce, distribution of wealth etc. The most reliable sources of Sunnah are the collection of Bukhari, Muslim, Ibn Majah, Tirmizi, Malik etc.

3.3 Ijma’

The ijma', or consensus amongst Muslim jurists on a particular legal issue, constitutes the third source of Islamic law. Muslim jurists provide many verses of the Qur'an that legitimize ijma' as a source of legislation.  Ijma means agreeing upon or uniting in opinion. It can operate only where Quran and Hadith have not clarified a certain aspect of law.

Prophet Muhammad said,

            “Whatever the Muslims hold to be good before Allah, it is incumbent upon you to follow the most numerous bodies. Whoever separates himself from the main body will go to hell. If you yourselves do not know then question those who do.” 

Types of Ijma’

1. Ijma’ or consensus of the companions of the Prophet Muhammad which is also universally accepted and binding.

2. Ijma of jurists.

3. Ijma’ of the people, the general body of the Muslim community. Among the Sunni jurists, there is diversity on who is eligible to participate in Ijma’ like Hanifi, Syafi’i, Maliki, Hanbali and Usuli.

3.4 Qiyas

Qiyas or analogical reason is the fourth source of the sharia for the majority of Sunni jurisprudence. It aims to draw analogies to a previously accepted decision. Qiyas is the process of legal deduction according which the jurists, confronted with an unprecedented case, bases his or her argument on logic used in Quran and Sunnah. Qiyas must not be based on arbitrary judgement, but rather be firmly rooted in primary sources. Qiyas as a source of law according to a Hadith,

“Where there is no revealed injunction, I will judge amongst you according to reason.”

The need for qiyas developed soon after the death of Muhammad, when the expanding Islamic state came in contact with societies and situations beyond the scope of the Quran and the Sunnah. In some cases ijma’ legitimized a solution or resolved a problem. In applying qiyas, four basic elements must be fulfilled, those are, the asl (original case), far (new case), ‘illah (cause effective), and hukm (new ruling). These classic elements must always be preserved and uphold and should not be the subject for reform. The application of qiyas is still relevant and feasible in this modern and globalisation era. This is due to the increased number of new Shari’ah related issues around the world. Thus, in deducing these new hukm, there is still a need to rely on qiyas besides the other three primary sources of Islamic law.

4.0 SECONDARY SOURCES OF SHARIAH

4.1 ISTISHAB

Istishab in literally meaning means escorting or continuous companionship. In technical meaning, istishab is a rational evidence that can be used if there is no other signs, specific facts or rules of law and reason, the existence and non-existence of which has been proven in the past, is estimated to remain so for lack of evidence to establish any changes. So, the combination from those two means that istishab is the ruling of any matter is stick and continues as there is no evidence to the contrary.

4.1.1 ARGUMENTS ON ISTISHAB

            Scholars agree that we are compulsory to practice with al-istishabwith the first part of the original law, which must continue as long as there is no evidence that contradicts it. In short, the dispute is divided into three denominations, namely:

1.      First Mazhab

Scholars of al-Syafi'e, Hanbali and Zahiri believes that al-istishab is absolutely argument for applying the laws that already exist so that there is proof that change. Therefore, al-istishabwas an argument to get new rights, that it be an argument for maintaining the rights already existing. For example, people who are lost and do not know whether alive or dead, he was sentenced to still live by al-istishab, until there is evidence of his death. As long as there is no evidence of his death, he was sentenced to still life and her rights as a living person, as he is entitled to the estate of inheritance heirs who have died, are entitled to the will and the right to property which is dedicated to him.

The standpoint of this mazhab of al-istishab argument implicitly are as follows:

i)           Based on Al-Quran surah Al-Anam verse 145:

Meaning : Tell them (O Muhammad!): 'I do not find in what has been revealed to me anything forbidden for anyone who wants to eat unless it is carrion, outpoured blood and the flesh of swine, all of which is unclean; or that which is profane having been slaughtered in a name other than that of Allah.But whosoever is constrained to it by necessity - neither desiring to disobey nor exceeding the limit of necessity - your Lord is surely All Forgiving, All-Compassionate.(Al- Anam, 6:145)

Based on this verse, the food that is forbidden by Allah is dead, running blood or pork. This proves that asides to the things mentioned in the above paragraph are permanent and not be banned by Allah. Therefore, this law is remain until there is evidence which makes the law is changed to the opposite and this is what we called al-istishab.

References: http://usulfiqh1.blogspot.my/2010/04/al-istishab.html

ii)         They also argue based on the hadith. Among them, the hadith narrated by Abbad bin Tamim from his uncle, the Prophet Muhammad s.a.w said:

Meaning: Do not let it stop (the prayer) until he heard the sound or smell.

(Narrated by Bukhari)

This hadith indicates that when a person is in doubt whether the wudhu’ is null or not, Prophet Muhammad SAW said that his wudhu' may be continued until he heard the sound or smell. This means that the law will remain valid and continue until there is something to change the law as hear or smell and this is al-istishab.

2.      SecondMazhab

Most contemporary scholars of the Hanafi determined that al-istishab be an argument for the rejection, neither for the designation of a new law. In other words, al-istishab is an argument to defend the rights of existing and not an argument for admitting the rights of the new, which declined due to the laws arising from the provision to the contrary in the statutes that already exist. For example, people who lost sentenced alive by al-istishab. Therefore, retained all the rights that existed before she disappeared. Still considered his possessions and his wife remained in the responsibilities until there is evidence to suggest his death or a qadi judge his death. However, it does not deserve the right to a new long-time coming and he is also not entitled to inherit the legacy of the heirs who have died because of his missing men were assigned based on the notion of law, not living essentials.

They argue that evidence indicating the existence of the law in the past does not indicate the legal sustained with the argument, because al-istishab an argument for refusal only. In other words, they claim that al-istishab as an argument to deny only. Among those reasons are:

           i.         Intellect does not show that Islamic law has found it permanently. Likewise, the arguments of legislation such as the Quran, the Hadith, the consensus and al-qiyas does not show the retention of the law after his sickle.

         ii.         Evidence only shows sickle in the time of the first law only and are not necessarily the law at the time of first conviction could convict law in the second period. Therefore, the existence of the past does not necessarily lead to the law remains applicable in the future.

       iii.         A law was necessary to postulate from the start, as well as the law to be sustainable also in evidence. However, it is not sufficient evidence to show that the law remains the law that brings lasting and enduring.

References: http://www.slideshare.net/HabibJoelAlMukhlis/istishab-34370091

3.      ThirdMazhab

For the third mazhab, they comprise the majority of scholars from Hanafi and some from the scholar al-kalam. According to most scholar mutaqallimin, they deny that al-istishab as an argument for the absolute. This is because, they argue that the existence of a specific law in the past are not necessarily the existence of the law is sustained in the future. Thus is set with a punishment lasting unfounded and without arguments.

In addition, they argue that in Islamic jurisprudence, evidence of the claim is given priority over the alleged denial. Therefore, if al-istishab an argument of course denial of those indicted are preferred by istishab al-baraah al-asliyyah. It shows that al-istishabcannot be practiced. The more clearly they argue that:

           i.         Purification, halal and haram is Islamic law. Therefore, it is not found except through the law that established the Islamic law. Arguments legislation agreed by scholars only limited to the Quran, hadith, ijma, and qiyas. While al-istishab not fall into that category.

In summary, from all of these three mazhab, it can be understood that istishab makes the existing law remain and continue to use until there is real proof or evidence to change the laws that apply it.

4.2 MASLAHAH MURSALAH

From the point of etymology, maslahahmursalahis derived from a combination of two words, namely 'maslahah' and 'mursalah'. Maslahah in terms of language is a derivative (masdar) which means al-one like the word al-manfa'ah which means al-nafs' (benefit). Maslahahmursalahis divided into three sections:

i.        Daruriyyah

It is a majormaslahah in human life and cannot be ignored. If it is ignored, there is no balance in life whether in this world or in the hereafter. It is concluded as guarding against the five pillars of religion, life, mind, offspring and property.As an example, protecting of life. Protection of human life is evidenced by the prohibition and injunction by God to kill. Since prevention is better than cure, so Allah SWT warn about these abuses and their consequences and consideration to be received by the offender if humans do in order to be alert and take lessons. Allah said in surah Al-Nisa verse 93:

Meaning: And whoever kills a believer intentionally, his recompense is Hell, to abide therein, and Allah is wroth against him, and cursed him and prepare for him a painful punishment. (Al-Nisa ', 4:93)

            ii.      Hajiyyah

Hajiyyah is the maslahahthat becoming essential to human life and to make it easier in order to avoid difficulties in life. However, its absence does not lead to shortcomings such as the absence of maslahahdaruriyyah. For example, Allah gives rukhsah to people who travel for breaking fast and performing Jama’ and Qasr. Evidence of al-Quran is the word of Allah in Surah al-Nisa 'verse 101:

Meaning: And when you journey in the earth, it is no sin "to curtail" (shortened) prayer if you fear that those who disbelieve. Indeed, the unbelievers are a clear enemy for you. (Al-Nisa’, 4:101)

             iii.   Tahsiniyyah

Maslahahtahsiniyyahis the maslahah that enhance human life. If it is absence, it does not leads to difficulties and chaos, different if not kept maslahahdaruriyyah, and also not bring difficulties in the absence of human life such as maslahahhajiyah. However, their absence would lead to imperfections in life. The examples include maintaining an etiquette when eating and drinking and wearing beautiful clothes on Eid. For example, for eating etiquette, there are some manners that must be followed to ensure the health of the body is maintained. Islam does not encourage its followers to eat at will, eat too full, and so on.

An exemplary eating habits is the sunnah of the Prophet Muhammad. If assessed, the Prophet eating practices is consistent with the Quranic verse that says:

Meaning: O children of Adam! Attend to your embellishments at every time of prayer, and eat and drink and be not extravagant; surely He does not love the extravagant.(Al- A’raf, 7:31)

References: http://usulfiqh1.blogspot.my/2010/04/masalih-al-mursalah.html

4.3 SADD AL-DHARAI

According to members of the motion, ṣadd al-dharai is the road that leads to something forbidden, which includes something that causes damage. For example, a man who saw the nakedness of women ajnabican lead to adultery. Thus, the prevention from seeing the nakedness of the woman is said asṣadd al-dharai.In addition, ṣaddal-dharaialso is (الحيلولةدونالوصولالىالمفسدة) which means preventing the occurrence of a facade.

The scholars differed as to acceptance ṣadd al-dharai as a source of law. Among the scholars who receive ṣadd al-dharai as a source of law is the Maliki and Hanbali, while scholars who reject sad al-dharai as a source of law is Jurist Syafie and Zahiri. Evidence that supports Sadd al-Dharai as an argument:

The majority of scholars who affirm it and use it as a source of reference to build a law argued by some of the arguments contained in the Quran, Sunnah and al-Ijma. (Asjad Mohamed 2003: 30)

i.     Al-Quran

There are many verses in the Quran shows ṣadd al-dharai as an argument to be considered in law affirm something. 

Meaning: O Adam! Dwell you and your wife in Paradise and eat from wherever you will, both like, and do not approach this tree (if you approached him) then lest you be among the wrongdoers.(Al-Baqarah 2:35)

This verse explains that Allah told Adam and Hawato not approach the tree with words (ولاتقربا) while the true meaning of the prohibition of this paragraph is eating the fruit of the tree. This pronouncement shows that it is sad al-dharai.

ii.            Al-sunnah

The scholars affirm about ṣadd al-dharaic as an argument based on dozens of hadith of the Prophet (s.a.w). Among them are:

"Send your children to pray when they are seven years old and beat them if left at the age of ten years. Isolate them (men and women) from the bed" (Sahih Muslim)

This hadith describes the Prophet Muhammad S.A.W ruled Muslims to separate the beds sons and daughters. This is because, sometimes sleep together between males and females make room for the devil to persuade them to commit adultery. Although sex does not happen but it is likely to lead towards ‘mafsadah’becausethe sleep time is long.

iii.          Al-Ijma’

Many of the problems that arise at the time of the companions were completed with their agreement based on ṣadd al-dharai. For example, the collection of the Quran in one mushaf. During the reign of Uthman, the verses of the Quran written on bones, stones, skins and fronds, palm fronds were collected and copied into the Mushaf Al-Quran. After the Quran was reproduced in one mushaf, the verses of the Quran on the bones, stones, skins and fronds, palm fronds were burned. It aims to prevent a discrepancy arises between the Muslim community when reading it. Therefore, ṣadd al-dharai is a step to prevent disputes from occurring readings.

References: http://usulfiqh1.blogspot.my/2010/04/sadd-al-dharai.html

4.4 URF

Definition of urfin Arabic language is ma'rifah (knowledge) and means adapted to something that is right and good attitude assumed by the sense of well-being. The scholars have various definitions of urf in terms of terminology, the definition is as quoted by Haji Muhammad Saleh B. Haji Ahmad in his book from the book of famous scholars among them:

i.              According to Abu Sunnah

Urf is any that remain in yourself from the standpoint of common sense and accepted by good habits.

ii.            According to Jurjani

Any fixed within witnessed by reasonable and acceptable to good habits.

iii.          According to SayyidSalihAwad

Each of which is fixed inside, seeming to sense, accepted by the good habits and always done by men, and not rejected by Islam.

There is disagreement among scholars of jurisprudence either accept or reject it as one of the custom is to remove the source of law in matters of jurisprudence. The group that accept it as a custom argument or proposition of law is the Hanafi and Maliki scholars. Even Imam Malik adopted the custom of the law in his book Al-Muwatta '. Hanbali scholars also adhere to the custom as a source of law even expand its use.They recognize custom as a source of Islamic law as it is in line with Islamic law. So they set that must work with law diistinbat through custom. This is based on the verse of Allah in Surah Al-A’raf:

Meaning: Take what you do, and enjoin kindness, and turn away (O Muhammad), those who are ignorant (stubborn with ignorance).(Al-A’raf, 7: 199)

Based on this verse, Allah consider that the custom and tradition as one to be used as a source of law and custom is indeed a thing and can be a source of law. It has become an argument for the Hanafi and Maliki. While those who do not accept the argument is a custom as Imam Shafie. Imam Shafie do not accept that custom as a source of law.To ensure the custom in Islamic law is not misused, scholars have put forward a number of conditions that must be met. These conditions are:

i.              Muttarid or Ghalib

Muttarid purpose here is the custom shall be the constant practice among practitioners. If something is not practiced by the practitioners, it does not count as a custom muttarid or empirical. For instance hasten a dowry and suspend partially calculated as custom muttarid if it is a practice for every wedding in an area or country. If it is the practice for most of the wedding, held it is custom that is empirical.

ii.            During applicability an inherent problem

Urfis to be referred to in case something should exist at the time of the problems. If the existence of such custom is the later of the effective date of these problems, it is not accepted as a reference in setting the legal problems.There is no consensus member agreement that contradicts with urf.

This condition is the main condition for the method المعروفعرفاكالمشروطشرطا. This method is recognized as long as there are no other conspiracy contrary to custom. For example damage to a rental house that was originally borne by the host himself, but, according to custom, any damage will be borne by the tenant and not the landlord.

iii.          Do not contradict with the nas

This is an important requirement for the use of urfas it is not impossible wrongly compared with scripture. Similarly, the action part of modern Islamic scholars banned polygamy in total with an excuse to be fair its latest human morality, it is wrong because contrary to the will of the passage. If practiced custom is contrary to the will of the passage, then it results in many verses of the Quran and hadith cancelled his will.

References: http://usulfiqh1.blogspot.my/2010/04/al-urf.html

http://usulfiqh2.blogspot.my/2009/04/tajuk-urf.html

4.5 SYAR’UMAN QABLANA

            The meaning of syar'umanqoblana is the law brought by the previous messengers, prophets before Muhammad S.A.W. It is a guidance for the people who sent him, such as Prophet Ibrahim, Prophet Musa, Prophet David, Jesus and so on.Basically, it is a law that provided by Allah SWT. For the previous nations, they have the same basic law that are for the people of the prophet Muhammad. As stated in the word of Allah:

Meaning: He (Allah) has explained to you some of the (business) religion, that which He enjoined upon Noah and that we have enjoined upon you, and what we have enjoined on Abraham, Moses, and Jesus, (which) you shall remain enforce the (business) religion and do not separate them. (Ash Shuraa 42:13).

In accordance with verse are then connected between the law of the prophet Muhammad with syaria'at nations before us, there are three forms, namely:

i.           Law provided for people who are before us, but Al-Qur'an and the hadith does not mention it, either cancel or declare applies to the people of the prophet Muhammad.

ii.         Law provided for the nations before us, then declared invalid for the people of the prophet Muhammad.

iii.       The law applies to those who came before us, then Al-Qur'an and hadith tells us.

iv.       QauluShahabi

If we look deeper, we find that what is prescribed for the people before we can be divided into two parts, namely:

i.           Not found in the Quran and Sunnah

Sharia laws are never enforced Allah SWT to earlier peoples, but is not mentioned in the Quran and Sunnah. In this case, the scholars generally agree that laws such as this does not include our law. So that we are not bound to carry out the law.And even if applied would also not possible, because we have no authentic evidence as a form of law in question.

ii.         There certainty mansukh or not mansukh

Shari'a laws ever enacted Allah to a people from the previous race, and mentioned His law, either in the Quran or in the Sunnah. This second type of its status, and laws that have been explicitly not abrogation, and that there is no explanation as to whether abrogation or not.

a)         It has been ascertained Mansukh

The first classification is the law for the past nations mentioned in the Quran or in the Sunnah, but there is rigor in our law that it is eliminated and no longer apply to the Prophet Muhammad S.A.W. So what has happened in the past, no longer applies to us. Shari'a is the legal abrogation, which canceled the entry into force of the Quran or the Sunnah. So we're not including the statutes according to the consensus of all scholars. For example, Allah SWT was once banned all hoofed animals and animal fats that halal meat as stated in Quran:

Meaning: And to the Jews, We forbade every animal with claws, and of oxen and sheep We forbade them the fat of the beast, except what adheres to their backs or the entrails, or is mixed with the bone. Thus do We punish them because of their iniquity; and indeed we are truthful. (Al-An'am 6:146)

b)         Already confirmed not Mansukh

The second classification is the law ever enacted for the past, such as the Children of Israel and others, and then we create laws that remain in place.Shari'a law is the part of the law that applies to us, as agreed by the scholars. The simplest example in this case is the running order of Allah SWT for us, the Prophet Muhammad SAW, fulfilling their fasting. Where fasting is the law which was enacted for the previous nations. Allah said in Quran:

Meaning: O you who believe have been obliged to not fast as it was prescribed to those before you, that you may fear Him. (Al-Baqarah3:183).

References: https://afifatulbaroroh.wordpress.com/materi-kuliah/ushul-fiqih-2/ushul-fiqih/

5.0 CONCLUSION

With the right understanding and confidence in Islam as the complete way of life, and continuously striving to implement it, the Muslim is ready to accept and make Islamic teachings a success. Knowledge building, clarifications and solutions in Islam which are true and genuine will enable everyone to uphold and cherish Islam’s wisdom and virtues in all of its laws and regulations. Then, this makes it viable and possible to establish the systems, forms and institutions of government, administration, justice, education, the economy and society in order to ensure peace and happiness of mankind.

6.0 REFERENCES

1.      Md.Nurul Huda,(Eds).(2012).Shariah and Basic Human Right Concerns.London,UK: Koros Press Limited

2.      W. Samuel Graham.(2012).The Religious Philosophical Discourse. New Delhi, India

3.      Mazhar,M.(2014). Principles of Islam. New Delhi, India: Discovery Publishing House PVT LTD

4.      Al-Qaradawi,Y.(2012). Flexiblity in Islam. Bandar VaruBangi,Malaysia:Syabab

5.      WeitbrechtStanton,H.U.(2011).The Teaching of The Quran. New Delhi,India: Cosmo Publication

6.      Bennett,C.(2010). Interpreting The Quran.NY: Continuum Books

7.      Khan,A.A.(2011). Perception and Concept of Islam Culture. New Delhi, India: Dicovery Publishing House PVT LTD

8.      Khan MD.Ferdouse.(2005). What is Al-Quran. Kuala Lumpur, Malaysia: A.S NOORDEEN

9.      Shihab,M.Q.(2012). Dia di Mana-Mana. Kuala Lumpur, Malaysia: BS Print (M) SDN.BHD

10.  Abdullah, M.A.(2006).Prinsip-PrinsipAsasIslam.Kuala Lumpur, Malaysia: Ampang Press Sdn.Bhd