PRINCIPLE IN MANAGING ISLAMIC

INTRODUCTION

Islamic Institution teach us about the Islamic law and rule and also ways of teaching. We were asked to do some research on the topic. We can use this opportunity to deepen our understanding in managing in Islamic. The objectives of this project is to fulfil the requirements of the subject UHE3122 of Islamic Institutions and also to appreciate and make a better understanding towards this course. During this project, it provides true experience to make a project proposal, to help in better understanding of the theory and the current practices and also to relate what have been thought in class with real world application

 The principle in managing Islamic Institution generally have The Importance of axiology in institution are basic rules in conducting activities, boundary for activities, measurement of success of the activities, measurement of the failure of the activities, influence factors to the success, blocking factors that will bring the failure, measurement of the completeness of the prosess and measurement of the errorness  of the process.

HADAF

Hadaf in Islam

The meaning is almost the same as Ghayah. The meaning of Ghayah also motive or objective but Ghayah is a bit different with Hadaf. Ghayah is a final objective. To archive that final objective, a sub objective is needed which is called Hadaf. If hadaf is put in the managing system, hadaf mean is a process in setting up an organizational vision / mission / objective activities in order to achieve organizational target. 

Among Hadaf, we give example of the other things that happen in our lives. The outbreak of H1N1 around the world. Egyptian football team's defeat to the US team. The issue of national unity. Pilgrimage. Tafaqquh class. And many more things that linger in the minds of our minds. They remind us of 'what Hadaf in our lives, and 'what are the extent to which we are trying to achieve these Hadaf'.

We are born into the world as a servant of Allah. (51:56). Later he was appointed as the Caliph of Allah on earth. Ensure that the earth was organized and managed by the laws of Allah. (2:30) Therefore, the task of preaching is a must duty of every Muslim. To preach, we need to learn and have a knowledge first. 'Ala Basiirah. (Cf. 12: 108). In short is 'learning is a means to get knowledge'. Knowledge also is Hadaf between ahdaf to achieve ghayah 'to gets the pleasure of Allah'.
            In closing, together we take the time to find what is ghayah and Hadaf in our lives. Change your way of thinking. To avoid drifting to the comfortable circumstances of this world. In order not to be a servant of this world. Reflect on every practice we do. Will it lead us to ghayah or otherwise. To be sure, life must go on. God judged all the time.

MASLAHAH

The concept and meaning of Maslahah Mursalah

Maslahah Al Mursalah is a concept in traditional Islamic law. The word Maslahah is taken from the root word “ Saluha “ or “ salaha” which means to be good or to repair or to do good.. istilah on the other hand refers to the method used by muslim jurist to solve problem especially when there are no explicit guidance from the Quran and the sunnah on such matter.

            Maslahah as a derivative concept literally means benefit or interest which is quite a generic expression.  However, when qualified to Maslahah Al Musrsala, it means the benefit or interest of the public. In the other hand, Imam Al Ghazali defined Maslahah as the consideration which secure the benefit or prevent harm but is in harmony with the aims and objective of the Shariah. These objective consist in protecting the five essential values and principles ( Al Dharuriyat ) of the shariah which include, the right to religion , the right to live (life), the right to property , the right to intellect and the right to community (lineage).

            According to Al Ghazali, any action or measure taken to secure these five values as well as any action taken with the aim of preventing evil (Mafsadah) is termed maslaha. When this is done in the context of a community, a state, the whole Ummah or mankind in general, it is termed Maslaha Al Mursalah.

The types and sources of Maslahah Al Mursalah

            Maslahah Al Mursalah is of three types. Al Dharuriyat (or the essential), Al Hajijat (or the complimentary) and Al Tahsiniyat (The embelishment).Maslahah Al Dharuriyat refers to those actions or deeds that are absolutely essential. A neglect of any of these action or deeds could lead to damaging circumstance or chaos to the community. Obviously these include all actions that are taken to protect life, protect, religion, lineage and intellect. A suitable example of Maslahah Al dharuriyat could be a legislation that prescribe a death penalty for premeditated murder.

Maslaha Al Hajiyat on the other hand refers to actions supplemental to the five essential values whose neglect could lead to hardship of certain elements or all of the community but not essentially to a collapse. Some examples of cases where Maslaha Al Hajiyat has been applied include (but not limited to) concession of the sick from fasting, the exemption of menstruating and pregnant women from fasting and also the permission for travelers to shorten the obligatory prayers (Qasr Salah).

Then the third type, Maslaha Al Tashsiniya refer to actions and deeds that lead to the improvement of the community and elevates it to the desirable status. An example of such an action commonly seen in the modern era is the building of grand mosques. Some of these edifices (Blue Mosque-Istanbul, Sheikh Zayed Grand Mosque, Abu Dhabi), are towering and serve to remind visitors of the grandness and greatness of Allah (SWT). However, should there have been dire need for survival in the countries where these mosques are built, having them would have been unnecessary.

In terms of source, Maslaha Al Mursala is classified into Mu’utabarah (directly from the law giver),Mulghah and Mursalah. According to Lahsasna (2011), the first Maslahah(Mu’tabarah)as actionswhich the Qur’an or Sunnah has expressly upheld and enacted a law for its realization. Examples in this case include the laws enacted for retaliation for premeditated killing, the laws that subject the thief to punishment or in fact the punishment for adultery. These laws prevent societal ills that lead to loss of life, property and lineage which are all key values of the Shariah therefore all Muslim scholars are in unanimous agreement the these laws and other similar laws should be promoted and the framework (Mu’tabarrah) should constitute a proper ground for legislation.

The second type of Maslaha (Al Mulghah) are actions and deeds that have been nullified and are either explicitly stated in the canonical sources or indicated in the Shariah. The Muslim scholars are in agreement that any legislation in pursuant of such in activities are illegal and no judicial decree should be issued in their favour. Similarly the practice of people that is included in this category is invalid and cannot be considered. An example of such an action is the practice of usury in transactions, even though this is common among people, it is invalid because the maslaha in this case is clearly nullified. Another example is the attempt to give the son and daughter of deceased man equal shares in his wealth with the assumption that this might promote Maslaha to the community. However, since there is a clear verse in the Qur’an that assigns one half of the wealth to the male heir and one third to the female, this Maslaha is therefore nullified.

The third type of Maslaha are those actions, deeds or preventions that were validated after the divine revelation came to an end. These are called Maslaha mursalah. For this type of Maslahah, there is neither a text that validates it nor invalidates it. There are a lot of legislations in the past that have been based on this kind of Maslahah. The prime example often mentioned in literature including Lahsasna (2011), is the compilation and codification of the Qur’an which was ordered by Caliph Abubarar (AS) and carried out the companions of the Prophet (PBUH). Other classical examples include the introduction of currency by the companions of the Prophet (PBUH), the establishment of prisons, the fight against zakat evasion, the introduction of land tax, the consignment of resourceful lands to the public as opposed to allowing individual ownership, the nomination of Umar bin Al-Khattab (AS) to succeed Abubakar (AS), and several other cases, the ruling of Umar (AS) that his officials must be accountable for the wealth accumulated in the abuse of public office and the expropriation of such wealth.

HUKM

Hukm Taklifi

Hukm Taklifi is a major part of Hukm Shari or shariah rulings within the corpus of legal literature in Islam.  Hukm Taklifi literally means a ruling that may impose a difficulty on a legal person.  Taklif means difficulty in the literal sense of the term and this may be as a result from imposing restrictions on a legal person’s behaviour or requiring a legal person to perform certain acts that may otherwise be of inconvenience.   As Islam is a way of life, Hukm Taklifi may apply to personal life and it may also apply to commercial life as well.  We shall look briefly at the sources of law or “hukm” in Islam, and then define Hukm Taklifi in greater detail before understanding its implications in the sphere of commercial transactions. Hukm taklifi can be divided into 5 major categories which is the obligation, the recommendation, the prohibition, the reprehension, and the permission.

The Obligation (al-Ijab)

Obligation (al-Ijab) is the communication of the Hukmgiver that commands the mukallaf decisively to commit a certain act. A biding by such a standard of behavior or neglecting it can never say to be of no consequences. In case it is abided by, the mukallaf will be rewarded, and in case it is neglected, the mukallaf will be punished. This category of hukm taklifi can be illustrated by the standard of fulfilling contracts that has been set by the following Qur’an verse: (O you who believe, fulfill the obligation) (Surat al-Maidah, 5:1). The above definition has been based upon the mode of expression obligation occupies. However, some other definitions have been advanced on the basis of the results yielded by its omission. On this basis, obligation has been defined as whose non-observance entails punishment .This definition has been criticized for it excludes those obligations whose non-observance might be forgiven. That is to say, the nonobservance of an obligation does not result necessarily in the infliction of punishment. As an alternative, it has been defined as what is feared that it would entail punishment in case it is neglected. This alternative definition has also been criticized for not only excluding what is falling within its purview, but also for including in it what is falling outside its purview. What is thought to be an obligation while it is not is not an obligation although it is feared that it would entail punishment. On the contrary, what is not thought to be an obligation while it is actually an obligation although it is not feared that it would entail punishment.

Al-Khudari has recommended al- Ghazali's definition, which reads: obligation is what is indicative that a punishment would ensue in case it is neglected. To say that it is indicative means that the belief that its non-observance would entail punishment is based on the existence of certain indications such as a clear and direct communication, a sign or an inference. However, such an indication does not preclude the possibility that the non-observance might be forgiven, for the non-observance is a cause for the infliction of punishment and the forgiveness prevents the cause from giving rise to its. There seems to be no real difference between the alternative definition and al- Ghazali's definition recommended by al-Khudari. Both intended not to preclude the possibility that the omission of obligation might not result in the infliction of punishment because such omission might be forgiven. But while the definition recommended by al-Khudari did that through relying on the interpretation of the communication, the alternative definition did it through relying on the psychological effects such a communication causes in its interpreter. An obligation might be feared that it would entail punishment in case it is neglected because its interpretation indicates so. Therefore, what is feared to be an obligation whose omission entails punishment while it is not is in fact what whose interpretation is indicative of such a result while it is not. The act of the mukallaf with which obligation is concerned, that is, characterized by it, is termed al-Wajib (The Obligatory) .Al-Wajib has been subdivided into various subdivisions on various bases. One of these subdivisions is its subdivision into personal (wajib ‘ayni) and collective (wajib kifa’i). Wajib‘ayni is that obligation whose fulfillment is to be carried out by the Mukallaf personally whereby nobody other than him can carry it out on his behalf. This subdivision of wajib can be illustrated by the duty to perform prayer and the duty to pay alms (zakah). Wajib kifa’i, however, is that obligation whose fulfillment is to be carried out by the Muslim community in general whereby if some of its members carry it out, the rest of the community would be absolved. But if nobody has carried it out, the whole community would be blamed for it. Promotion of good and prevention of evil constitute good illustrations (Ñabd).

The Pre-requisites to Obligation

 The pre-requisites to obligation are the causes that have to be pursued and the conditions that have to be satisfied for the obligation to be fulfilled. Causes are either normal or Shari‘ah. Whereas the sound contemplation is a normal cause that leads to knowledge, the utterance of the words of emancipation is a Shari‘ah cause of setting a slave free. On the other hand, conditions are either rational, normal or Shari‘ah. The absence of the opposite is a rational condition for the fulfillment of an obligation. An example of normal conditions is the washing of part of the head for the face to be washed. Lastly, an example of Shari‘ah conditions is taking ablution for the validity of prayer. The question that arises with respect to the pre-requisites to obligation is whether the mukallaf is obliged to fulfill those pre-requisites in order to fulfill the obligation imposed upon him. The answer is indisputable. As for the causes, the command to perform a certain obligation is in fact a command to pursue the causes that would give rise to that obligation by the force of the Shari‘ah. The command to free slaves, for instance, is actually a command to utter the words of emancipation that would result in the effect wanted. As for the conditions on the other hand, since the fulfillment of the obligation cannot be carried out without the satisfaction of its conditions whether rational, normal or Shari‘ah, the satisfaction of such conditions is an obligation itself. However, one must bear in mind that the Shari‘ah conditions are not in need for this rational justification, for the obligation to fulfill them is established by virtue of being the content of an independent communication addressed to the mukallaf, and that is why they are described as the Shari‘ah. In short, what is necessary for an obligation to be carried out is an obligation itself.

The Recommendation (Al-Nadb)

 Recommendation (al-nadb) is the communication of the Hukmgiver that commands the mukallaf indecisively to commit a certain Act. The consequences that ensue from abiding by this standard of behavior are similar to those ensuing from abiding by obligation, whereas those that ensue from neglecting it are different from those ensuing from neglecting obligation. Meaning to say, observance of recommendation entails reward, whereas non-observance, unlike obligation, does not entail punishment. Of the recommendations whose non-observance does not entail punishment is what has been set by the following Qur’an verse: (O you who believe, when you contract a debt for a fixed period, write it down) Surat al-baqarah, 2:190. The act characterized by al-nadb is called al-mandub (the recommended). Recommended acts are referred to as sunan. Sunan have been classified into three categories, viz. sunan which are complimentary to obligations (sunan hadyy or sunan mu’akkadah), additional sunan (sunan za’idah) and supererogatory sunan (nawafil). Sunan hadyy are those, which are complimentary to religious obligations such as making the azan and establishing congressional prayers. They are also those, which have been often practiced by the Prophet (s.a.w.) and have not been abandoned except once or twice just to show their non-obligatory character such as gargling as a part of ablution and the recitation of a chapter or a verse after the recitation of Surat al-fatihah. The observance of these sunan earns the mukallaf spiritual reward while their neglect does not make him liable for punishment. However, their neglect renders the mukallaf liable for blame. Not only this, it has been said that if the people of a certain locality agree on their neglect, they should be fought for contempt of Sunnah.

The Prohibition (al-Tahrim)

 Prohibition al-tahrim is the communication of the Hukmgiver that commands decisively the mukallaf to omit a specific act. The consequences ensuing from abiding by this standard of behavior or neglecting it are totally opposite to those ensuing from abiding by or neglecting obligation. That is to say, entitlement to reward ensues from refraining from committing the act, while subjection to punishment ensues from committing it. Of the prohibitions whose commission gives rise to punishment is what had been imposed by the following Qur’an verse: (O you who believe, eat not usury doubled and multiplied) (Surat Al Imran, 3:130). Aust. J. Basic & Appl. Sci., 7(7): 855-866, 2013 863 The Usuliyyin have assumed a situation in which the mukallaf is commanded to refrain from doing an unidentified act among a group of identified ones. This situation has been assumed in parallel to the well-known situation of the elective obligation in which the mukallaf is commanded to perform an unidentified act that has to be selected out of a group of identified ones. As an illustration of this assumed situation, they have given the example of the prohibition of marrying two sisters. That is to say, the mukallaf is commanded to refrain from marrying either of the two sisters out of whom he has to choose one. Al-Khudari has accepted the assumption and rejected the example. The prohibition of marrying two sisters, according to al-Khudari, is not an elective prohibition, for holding so means that marrying one of them entails the prohibition of marrying the other even if he divorces her. This prohibition, in fact, is a prohibition of marrying two sisters at the same time whereby if he marries one of them and then later divorces her and marries the other it would be valid. In other words, the prohibition is a prohibition of having two sisters as wives at the same time and not a prohibition of marrying one of them. As an alternative, he has suggested the example of the situation in which a husband says to his two wives one of you is divorced irrecoverably. In such a situation if the husband later on approaches one of them it means he has selected the prohibition of approaching the other.

The Reprehension (al-Karahah)

 Reprehension (al-karahah) is the communication of the Hukmgiver that commands the mukallaf indecisively to omit a certain act (Ahmad, 1997). In terms of consequences, just as prohibition is exactly opposite to obligation, reprehension is exactly opposite to recommendation. Accordingly, abiding by this standard of behavior causes the mukallaf to be rewarded, while neglecting it does not cause him to be punished. Qur’an reprehensions can be exemplified by the following verse: O you who believe, when the call is proclaimed for Friday prayer on Friday, hasten to the remembrance of Allah and leave off trading (Surat al-Jumu‘ah, 62:10).

The Permission (Ibahah)

 Permission (al-Ibahah) is the communication of the Hukmgiver that neither commands the mukallaf to commit a certain act nor commands him to omit. Unlike the previous four, neither abiding by this standard of behavior nor neglecting it causes the mukallaf either to be rewarded nor punished. Of the neutral standards of behavior set by the Qur’an is the following verse: (Then when the prayer is finished, you may disperse through the land and seek the bounty of Allah)(Surat al-Jumu‘ah, 62:10). Permission gets established through a communication that indicates in one mode of expression or another that the mukallaf has the option to commit an act or to forbear from committing it. It also gets established through the absence of the communication related to the act concerned. In such a case, the act would have the original status, which is permissibility (nadb). This original status, however, is what had caused some of the Mu‘tazilites to hold that permission is not one of the defining rules. That is because it is the initial character that an act possesses and which the communication of the Hukmgiver confirms it is being possessed by the act and does not bestow it upon the act as such. On the other hand, the Jumhur are of the view that no initial character is possessed by an act before the advent of shari‘ah, and the absence of the communication with respect to the act is a strong indication of permissibility just as its existence is.

QAWAID FIQH

Uses of Qawaid Fiqh

Qawaid fiqhiyyah or Legal maxims are general rules which can be applied in various cases that come under common rulings. It plays great role in the formation of Islamic law because they are uses as principles to deduce rules of fiqh. According to al-Qarafi. Islamic law can be divided into two parts which are fundamental matters (Usul) that involves usul Fiqh and Qawaid Fiqhiyyah and the other one is branches (Furu’).

Definition of Qawaid fiqhiyyah

Literal meaning; Qawa’id - plural of al-qa’idah, means general principles. Fiqh means Islamic law. Generally, Qawaid Fiqhiyyah means the principles of fiqh (Islamic law) which can be applied in different fields of fiqh that come under the common rulings. Most principles of Qawaid Fiqhiyyah consist of a few words but provide comprehensive meaning.

Technical meaning; General rules which applied to all its particulars. It based on the idea that, if detailed rules stem from similar causes, it follows the common generally applicable principles or maxims.         

Mustafa al-Zarqa stated that general fiqh principles which are presented in a simple format consisting of the general rules of syariah in a particular field related to it

Concept and Scope

Hashim Kamali stated that legal maxims are theoretical abstractions, often in a few words that are expressive of the maqasid al-shari’ah. It consists mainly of statements of principles derived from the rules of fiqh on various themes. Qawaid Fiqhiyyah also represent the culmination of cumulative progress-not expected to take place at the formative stages of fiqh development. They were developed gradually-their history is parallel with that of fiqh. It designed primarily for the better understanding of their subject matter rather than for enforcement.

Thus judge cannot base his judgment on a particular maxim unless it is derived from the Qur’an or Sunnah or supported by evidence. Legal maxims are indeed general rules of fiqh, which can be applied in various cases that come under the common rulings eg, transactions, munakahat, evidence. It have a great role in the formation of Islamic law because they are used as guidelines in finding the rules of fiqh but cannot be accepted as sources of shariah. These maxims have solved most of the minor rules of fiqh and without them these minor rules will have no standing ground which will make it hard to solve them.

Origin and Literature of Qawaid Fiqhiyyah

The first formulate legal maxims is the Hanafi jurist. It develop gradually and hostory of their development in a general sense is parallel with the fiqh himself. It was develop mainly during the era of imitation (taqlid), in the nature of extraction (takhrij) of guidelines from the detailed literature of fiqh that were contributed during the first three centuries of Islamic scholarship, known as the era of ijtihad.

The works on Qawaid Fiqhiyyah can be traced back as early as the third century of Hijrah and continues up to the present. Compilations of maxims by Abu Tahir al-Dabbas which consists 17 maxims gathered from the Hanafi school.

Earliest compilation in the form of a note of these maxims was written by Abu al-Hasan al-Karkhi. Abu Zayd Abdullah b. Umar al-Dabbusi (Ta’sis al-Nazar) - elaborate some of important maxims. Qawaid Fiqhiyyah was not written all at once by a particular scholar, but was developed by the jurists at the time of the resurgence of fiqh. Earliest jurists who developed most of the maxim - jurists of the Hanafi school. As for the author of these maxims, most of them are not known except for those maxims originally deduced from the saying of the Prophet, or is attributed to a particular scholars.

Characteristics of Legal Maxims

Legal maxims (qawaid al-fiqhiyyah al-kuliyyah) are theoretical abstractions. Usually in the form of short epithetical statements. It is an established principle. Legal Maxim also expressive, often in a few words, of the goals and objectives of the shari‘ah. Statements of principles that are derived from the detailed reading of the rules of fiqh on various themes. It was general in nature so that can be applicable to many different areas and situations.

Actual wordings of the maxims are occasionally taken from the qur’an or ahadith - often the refined work of leading jurists and mujtahids

According to The Mejelle, legal maxims are designed to facilitate a better understanding of the shari‘ah. The judge may not base his judgment on them unless the maxim in question is derived from the Qur’an or Hadith or supported by other evidence. Maxims of fiqh to be significantly conducive to ijtihad, may be utilized by mujtahid and judge as persuasive evidence.

1.      Matters  Are  Determined According To Intention

The meaning of intention is the will directed towards an action. Example: If a person finds something on the street or anywhere else and takes the object with the intention of returning it to the owner, his conduct is in order and he is considered as the keeper (amin) of the item, but if he intends to keep the item as his own, he is considered to be a person wrongfully appropriating property (ghasib)

2.      The  Purpose Of Intention

To differentiate between ibadah and ‘adah. Example: If a person refrains from eating and drinking from dawn (fajr) until sunset without having the intention of fasting, the person is not considered as fasting. Second example: If a person enters the mosque and sits for the purpose of taking a rest, without having the intention of I’tikaf, his action is not considered as ibadah.

The position of the intention is in the heart and it is not enough to utter it without having intention in the heart.

3.      Hardship Begets Facility

Hardship in this maxim refers to hardship surpass the normal limit and ability of a person to perform them, such as hardship of travel or sickness.

Legalization of concession (rukhsah) in Islam under exceptional circumstances in Islamic law. Example of rukhsah: such as the shortened and combined forms of solah. Second example: to defer obligatory fasting at the time of travel a sickness.

4.      Concession

Example: consuming forbidden substances when there is a necessity to do so in order to survive.

Allah these examples certainly prove that Allah SWT wishes to remove hardship from mankind.

5.      Harm Should Not Be Inflicted Nor Reciprocated

Any harm that is inflicted should not be responded or revenged by inflicting another harm as this will add to the harm already inflicted and will cause or incur further harm.

Example: If A damaged the property of B intentionally, B cannot under any circumstances damage the property of A in revenge, but he must get the compensation for the damages on his property from the court of law.

Functions

Qawaid Fiqhiyyah as a guidance /source. It also act as a tool towards understanding problem/issues. Qawaid Fiqhiyyah as a code of law.

Importance of Learning Qawaid Fiqhiyyah

To know how the previous scholars solved problems in their life and formed the general rules in fiqh al-islam which covered all various chapters. Qawaid Fiqhiyyah important to solve new problems in the society including cases of property, banking and food industry using the related maxims. It’s also prove Islam is a progressive religion and can provide solutions to the new cases that occur in the society.

Types of Legal Maxims

Maxims which are reiterated from a particular text of the Qur’an or Sunnah. Carry greater authority.

Examples:

·         Al-masyaqqah tajlib al-taysir

·         Al-’umuru bi maqasidiha

·         Al-dhararu Yuzal

Maxims which are formulated by the jurists.

Examples:

            Al-yaqin la yuzalu bi al-syakk

            Dar al-mafasid awla min jalb al-manafi’ ("Warding off detriments takes priority over the acquisition of benefits”).

Differences of Term

1.      Definition Of Shari’ah

Literally is known as waterhole where animals gather daily to drink or the straight path which is path to be followed.

A straight path as said by Allah:

“Then we put thee on the (right) way of religion. So follow thou that (way) and follow not the desires of those who know not”

(Quran: Jathiyah: 18)

Technically; the sum total of Islamic laws which were revealed to the Prophet Muhammad and which are recorded in the Holy Quran as well as deducible from the prophet's divinely guided lifestyle

(Muhammad Shalabee: 1969)

The right way of religion - wider than mere formal rites and legal provisions which mostly came in Madinah after Makkah verses had been revealed. It encompasses all legal rules as belief rules (aqidah), moral (akhlaq) and the practical rules (shari’ah/fiqh)

(Abdullah Yusuf Ali: 2001)

2.      Definition Of Fiqh

Literally: The true understanding of what is intended.

Hadith: “Whoever Allah wishes good, he gives the fiqh of the religion”.

Technically: ‘The knowledge of the detailed rules of Islamic law with reference to conduct that has been derived from its specific evidence’  

It is the end product of usul fiqh.

3.      Aspects Of Fiqh

Aspect 1

The science of practical rules. Fiqh in this context means absolute understanding of something in terms of concept and validation. It is a body of legalized practical rules in Islam. From the definition, it derived the word ‘hukm’.

Aspect 2

The knowledge of the detailed rules of Islamic law in its various branches, or the knowledge of the practical rules of shari’ah acquired from the evidence in the sources.

Differences between Shari’ah & Fiqh

SHARI’AH	FIQH
The body of revealed laws found in the Quran & Sunnah	Body of laws deduced from shari’ah to cover specific situation not directly treated in Shari’ah law
Wider in scope-includes all human actions	Confined to human acts in terms of legality and illegality
Unchangeable, fixed	Changes according to circumstances under which it is applied
Lay down basic principles	Specific : show how the basic principle of shari’ah should be applied in given circumstances.

Usul Fiqh

Literally; Roots of Islamic laws

Technically: Methods by which rules of fiqh are deduced from their sources / methods how to deduce the hukum. They are the principles borne by the use of which the mujtahid arrives at the legal rules through specific evidence.

Al-Ghazali: Usul fiqh is an expression emplyed for the evidences of these legal rules and for a knowledge of the broad ways in which they reveal such rules, and not by way of specific indication (for a specific rule).

SYARIAH	FIQH
The wider circle, includes all human actions	Confined to what are commonly understood as human acts as far as their legality and illegality are concerned
The body of revelaaled injuction found both in the Quran and Sunnah	Fiqh is one component of shariah
Fixed and unchangeable	Certain rulings on fiqh changes to the changes of circumstances under which it is applied
Based on revelation in which the knowledge is only obtained from the Quran and or Sunnah	Power of reasong is stressed, deductions based upon knowledge are continously referred to with approval
Various degree of approval or disapproval	Action is either legal or illegal

Fiqh	Usul fiqh
Concerned with the knowledge of detailed rules of Islamic law in its various branches	Methods that are applied in the deduction of such rules from their sources
The law itself	Methodology of the law

USUL FIQH	QAWAID FIQHIYYAH
Is concerned with the methodology of legal reasoning	Maxims are based on the fiqh itself
Method which been applied in deducing law	Principle of the law
External part of fiqh	Internal part of fiqh

Sources of Qawaid Fiqhiyyah

Al-Quran- The fundamental and main sources of Islamic Law from which all other sources derive their authority.

It may be defined as the book containing the speech of Allah, revealed to Prophet Muhammad in Arabic and transmitted to us by continuous testimony, or tawatur. It consists of the word of Allah SWT revealed on Prophet Muhammad saw in 23 years – divine origin. Al-Quran address to all humanity, without distinction of race, region or time. It seeks to guide human beings in all aspect of life.

Sunnah- Literally: a way or rule or manner of acting

Technically: What has been (authentically) related to us on behalf of the Prophet {صلى الله عليه و سلم} from his sayings, actions, and tacit approvals.

Hadith

Literally: communication, story, conversation

Technically: What was transmitted on the authority of the Prophet{صلى الله عليه و سلم},his deeds, sayings, and tacit approvals, or description of his sifaat (features).”

Both cover the same ground: practice, sayings and tacit approvals (taqrir)

Quran generally deals with the broad principles or essential of religion. The details are supplied by Prophet SAW through hadith

Ijma’– Consensus of opinion among the jurist on certain issues and ruling

Literally: Ijma is the verbal noun of the Arabic word Ajma’a which has two meanings which are to determine and to agree upon something.

Technically: Consensus of mujtahids (jurist) from the ummah oh Muhammad (saw), after his death in a determined period upon a rule of Islamic law. Consensus of opinion among the jurist of a particular period on a question of law. Ijma’ maybe based on Quran, hadith or analogy

Qiyas – analogical deduction

Literal; Measuring or estimating on thing in terms of another

Technical: The extension of Shar’iah ruling from an original case (Asl) to a new case (far’) because the new case has the same effective cause (Illah) as the original case. Qiyas or analogy is resorted to in respect of problems about which there is no specific provision in the Quran or the Sunnah of the Prophet. Analogical deduction of new issues on existing evidence from the Quran and Sunnah. Process by which a rule of law is deduced from original text in views of common effective cause (illah).

Secondary Sources

Istihsan (juristic preference of the stronger principles)

Literal meaning: To approve or to deem something preferable.

Juristic meaning: A method of exercising personal opinion in order to avoid any rigidity and unfairness that might result from literal enforcement of the existing law.

Istishab(Presumption of continuity)

Literal meaning: escorting or continuous companionship

Technical meaning: A rational proof which may be employed in the absence of other indications; specifically the facts or rules of law and reason, whose existence and non-existence that had been proven in the past are presumed to remain so for lack of evidence to establish any change.

Maslahah Mursalah (extended analogy/ consideration of public interest)
Taken from the root word salaha (صلح) or saluha which is to be good, to repair or to improve.

Istislah (استصلاح) is a method employed by the Muslim jurists to solve problems that find no clear answer in sacred religious text.

Maslahah means benefit or interest.

Sadd al-Zarai’ (blocking unlawful means to an unlawful end)

Dharã’i’ (sing. Dhari’ah) synonymous with wasilah – ‘means’ to obtaining certain ends

Sadd means blocking. Sadd al-dhara’i’ implies blocking the means to an expected end (evil) which is likely to materialise if the means towards it is not obstructed. The principle of Sadd al-Dhara’i’ applies in cases where a lawful means is expected to lead to unlawful result or that a lawful means which normally leads to a lawful results is used to procure an unlawful end.

SHURA

Shura (Arabic: shūrā) is an Arabic word for "consultation". The Quran and Muhammad encourage Muslims to decide their affairs in consultation with those who will be affected by that decision.

Shura is mentioned as a praiseworthy activity that often used in organizing the affairs of a mosque, Islamic organizations, and is a common term involved in naming parliaments.

Shura in Islam

Some modern Sunni Muslims believe that Islam requires all decisions made by and for the Muslim societies to be made by shura of the Muslim community and believe this to be the basis for implementing representative democracy. Traditionally however, the Amir / Sultan / Khalifa would consult with his Wazirs (Advisors) and make a decision, after taking into consideration their opinions.

Shia Muslims say that Islam requires submission to existing rulers, however they are chosen, so long as they govern according to sharia or Islamic law. This is a more traditional approach, characteristic of many centuries of Islamic history (see History of Islam).

The difference between the two appears more semantic than actual—the latter accept that the rulers must be accounted in all aspects of ruling, to ensure affairs are managed in the best possible way whether decisions were taken through consultation or not.

Shura in the Qur'an

• The first mention of the Shura in the Qur'an comes in the 2nd Sura of Qur'an 2:233 in the matter of the collective family decision regarding weaning the child from mother's milk. This verse encourages that both parents decide by their mutual consultation about weaning their child.
• The 42nd Sura of Qur'an is named as Shura. The 38th verse of that Sura suggests that shura is praiseworthy life style of a successful believer. It also suggests that people whose matter is being decided be consulted. It says:

"Those who hearken to their Lord, and establish regular Prayer; who (conduct) their affairs by mutual consultation among themselves; who spend out of what We bestow on them for Sustenance" [are praised] 

• The 159th verse of 3rd Sura orders Muhammad to consult with believers. The verse makes a direct reference to those (Muslims) who disobeyed Muhammad, indicating that ordinary, fallible Muslims should be consulted. It says:

Thus it is due to mercy from God that you deal with them gently, and had you been rough, hard hearted, they would certainly have dispersed from around you; pardon them therefore and ask pardon for them, and take counsel with them in the affair; so when you have decided, then place your trust in God; surely God loves those who trust.

The first verse only deals with family matters. The second proposed a lifestyle of people who will enter heavens and is considered the most comprehensive verse on shura. The third verse advices on how mercy, forgiveness and mutual consultation can win over people.

Muhammad made all his decisions in consultation with his followers unless it was a matter in which God has ordained something. It was common among Muhammad's companions to ask him if a certain advice was from God or from him. If it was from Muhammad, they felt free to give their opinion. Sometimes Muhammad changed his opinion on the advice of his followers like his decision to defend the city of Madinah by going out of the city in Uhad instead of from within the city.

Arguments over shura began with the debate over the ruler in the Islamic world. When Muhammad died in 632 CE, a tumultuous meeting at Saqifah selected Abu Bakr as his successor. This meeting did not include some of those with a strong interest in the matter especially Ali ibn Abi Talib, Muhammad's cousin and son-in-law; people who wanted Ali to be the caliph (ruler) (later known as Shia ) still consider Abu Bakr an illegitimate leader of the caliphate.

In later years, the followers of Ali (Shi'a Ali) as the ruler of Muslims became one school of thought, while the followers of Abu Bakr became the Sunni school of thought.

The Sunni school of thought believe that shura is recommended in the Qur'an (though some classical jurists maintained it is obligatory), The Qur'an, and by numerous hadith, or oral traditions of the sayings and doings of Muhammad and his companions. They say that most of the first four caliphs, or rulers of Islam, whom they call the Four Rightly-guided Caliphs, were chosen by shura. (See Succession to Muhammad, Umar ibn al-Khattab, The election of Uthman, and Ali Ibn Abi Talib.)

The Shi'a school of thought believe that Muhammad had clearly indicated that Ali was his appointed infallible ruler of Muslim nation regardless of shura, a recommendation that was ignored by the first three caliphs. Shi'a do not stress the role of shura in choosing leaders, but believe that the divine vice-regent is chosen by God, or Allah, from the lineage of Muhammad (Ahl al-Bayt). The largest Shi'a sect believes that the current imam is in "occultation", hidden away until the last days, but there are minority Shi'a who follow leaders believed to be infallible imams.

Shura and The Caliphate

During and after Imam Ali's tenure as caliph, the Muslim community fell into civil war. Power was eventually grasped by the Ummayad caliphs and then by the Abbasid caliphs. There were also rival caliphates in Egypt and Al-Andalus, which today is known as Spain. Later the rulers of the Ottoman Empire inherited the caliphate. The Ottoman Caliphatewas officially dissolved by the newly founded Grand National Assembly of Turkey in 1924.

Few of the later caliphs had anything but nominal control over the many Islamic states, and none were chosen by shura; all reached power by inheritance. The Muslim clergy counseled submission to rulers but also stressed the duty of the ruler to rule by shura. They based this recommendation on the passages from the Qur'an mentioned above. The verses indicate that shura is praiseworthy but do not indicate who should be consulted, what they should be consulted about, or whether the ruler or the shura should prevail in the event the two do not agree.

Shura and contemporary Muslim-majority states

In some Muslim nations, shuras play a role in the constitution or governance. Some Muslim nations, such as Turkey, are secular democracies, and (Morocco) is a constitutional monarchy. They could thus be said to be ruled by one version of shura. For instance, the bicameral Parliament of Pakistan is officially called the Majlis-i-Shura, although the Constitution uses various spellings of the term. In Egypt, the Upper House of Parliament is known as the Shura Council. The People's Consultative Assembly inIndonesia is called Majlis Permusyawaratan Rakyat in Indonesian language. The word musyawarat is derived from shura/syawara.

In some monarchies and clerical regimes, there is a shura with an advisory or consultative role. Saudi Arabia, a monarchy, was given a shura council, the Consultative Assembly of Saudi Arabia, in 1993; there are now 150 members. All real power is held by the King, who is elected by family members. Oman, also a monarchy has a shura council; all members are elected except the president, who is appointed by the Sultan. The council can only offer advice, which may be refused if vetoed by the Sultan.

In Iran, a council called the assembly of experts has the ability to impeach the supreme leader. In addition to that, a general shura wields legislative powers, equivalent to a modern-day Western parliament.

Shuras have also been a feature of revolutions in Islamic societies, such as in the Iranian revolution of 1979, where they were formed by workers and held considerable power over parts of the economy for a year before being dismantled. Shuras were similarly a feature of the uprisings in Iraq in 1991, where they functioned as a form of participatory democracy.

Resemblance between Majlis Al-Shura and a Parliament

Many traditional Sunni Islamic lawyers agree that to be in keeping with Islam, a government should have some form of council of consultation or majlis al-shura, although it must recognize that God and not the people are sovereign. Al-Mawardi has written that members of the majlis should satisfy three conditions: they must be just, have enough knowledge to distinguish a good caliph from a bad one, and have sufficient wisdom and judgment to select the best caliph. Al-Mawardi also said that in emergencies when there is no caliphate and no majlis, the people themselves should create a majlis, select a list of candidates for caliph, and then the majlis should select a caliph from the list of candidates.

Many contemporary Muslims have compared the concept of Shura to the principles of western parliamentary democracy. For example:

What is the shura principle in Islam? ... It is predicated on three basic precepts. First, that all persons in any given society are equal in human and civil rights. Second, that public issues are best decided by majority view. And third, that the three other principles of justice, equality and human dignity, which constitute Islam's moral core, ... are best realized, in personal as well as public life, under shura governance.

Other modern Muslim thinkers distance themselves from democracy. Taqiuddin al-Nabhani, the founder of the modern transnational Islamist party Hizb ut-Tahrir, writes that shura is important and part of "the ruling structure" of the Islamic caliphate, "but not one of its pillars." If the caliph "neglects it," by not paying much or any attention, as happened after the first four caliphs, "he would be negligent, but the ruling system would remain Islamic."

This is because the shura (consultation) in Islam is for seeking the opinion and not for ruling. This is contrary to the parliamentary system in democracy.

The democratic parliamentary system being distinct from and inferior to the true Islamic caliphate system according to Taqiuddin an-Nabhani.

Under the Hizb ut-Tahrir constitution, non-Muslims may not serve a caliph or any other ruling official, nor vote for these officials, but may be part of the majlis and voice "complaints in respect to unjust acts performed by the rulers or the misapplication of Islam upon them."

Still others, such as the Muslim author Sayyid Qutb, go further, arguing that an Islamic shura should advise the caliph but not elect or supervise him. In a rigorous analysis of the shura chapter of the Qur'an, Qutb noted that Islam requires only that the ruler consult with at least some of the ruled (usually the elite), within the general context of God-made laws that the ruler must execute. In 1950 Qutb denounced democracy in favor of dictatorship, saying it was already bankrupt in the West and asking why it should be imported to the Middle East.

The practice of a consultative, but not bill-passing, caliph-electing or popularly elected shura, was adopted by the self-described strict Emirate of Afghanistan. While the Kandahar Shura of the Taliban debated issues, in the end its spokesman declared, "We abide by the Amir's view even if he alone takes this view."

Salat al-Istikharah

Salat al-Istikharah (Arabic: صلاة الاستخارة ‎) is a prayer recited by Muslims when in need of guidance on an issue in their life. The salat is a two raka'ah salat performed to completion followed by the supplications Salat al-Istikharah.

Description of the salat

The description of Salat al-Istikharah was narrated by Jabir ibn ‘Abd-Allah al-Salami, who said:

"The Messenger of Allah (peace and blessings of Allah be upon him) used to teach his companions to make Istikharah in all things, just as he used to teach them Surahs from the Qur'an. He (SAW) said: 'If any one of you is concerned about a decision he has to make, (or in the version narrated by Ibn Mas'ood as: 'if any one of you wants to do something...) then let him pray two rak'ahs of non-obligatory prayer and say (after the Salah)

A translation of the supplication is as follows:

"O Allah, I seek Your counsel by Your knowledge and I seek Your assistance by Your power and I ask You from Your immense favour, for verily You are able while I am not, and verily You know while I do not, and You are the knower of the Unseen. O Allah, if You know this affair ( mention affair here ) to be good for me in relation to my religion, my life and aftermath, my present and future, then decree it and facilitate it for me, and bless me with it, and if You know this affair to be ill for me concerning my religion, my life and end, my present and future, then remove it from me and remove me from it, and decree for me what is good, whatever it may be, and make me satisfied with it."

Another translation is as follows: O Allah, I seek Your guidance [in making a choice] by virtue of Your knowledge, and I seek ability by virtue of Your power, and I ask You of Your great bounty. You have power, I have none. And You know, I know not. You are the Knower of hidden things. O Allah, if in Your knowledge, this matter (then it should be mentioned by name) is good for me both in this world and in the Hereafter (or: in my religion, my livelihood and my affairs), then ordain it for me, make it easy for me, and bless it for me. And if in Your knowledge it is bad for me and for my religion, my livelihood and my affairs (or: for me both in this world and the next), then turn me away from it, [and turn it away from me], and ordain for me the good wherever it may be and make me pleased with it." (Reported by al-Bukhaari, al-Tirmidhi, al-Nisaa'i, Abu Dawood, Ibn Maajah and Ahmad)

Conditions of the salat

One must perform ablution before entering into any salat and so ablution must be performed before doing Salat al-Istikharah.

Ibn Hajr said, commenting on this hadeeth: "Istikharah is a word which means asking Allah to help one make a choice, meaning choosing the best of two things where one needs to choose one of them."

With the salat completed one should immediately say the supplications al-Istikharah.

Istikharah is done when a decision is to be made in matters which are neither obligatory nor prohibited. So one does not need to do Istikharah for deciding whether he should go for hajj or not. Because if he is financially able to do it then hajj is obligatory and he does not have a choice.

But Istikharah can be done in all kind of other permissible matters where a choice needs to be made such as buying something permissible, taking a job or choosing a spouse etc.

It is related in the Hadith that Muhammad used to teach the Istikharah to the Sahaabah for every matter just as he used to teach them the Sürah from the Qur'an. In another Hadith it is stated that 'He does not fail who makes Istikharah and he does not regret who makes consultation.'

Method

Muhammad said, "If one of you is concerned about some practical undertaking, or about making plans for a journey, he should perform two cycles (rak'atain) of voluntary prayer." Then with all sincerity recite the following Du'a:

“Allahumma innee astakheeruka bi ilmika wa-astaqdiruka biqudratika wa-as'aluka min fadhlika al-adheem. Fa innaka taqdiru walaa aqdiru. Wa ta'lamu walaa a'alamu wa anta allaamul ghuyoob. Allahumma in kunta ta'lamu anna haadhal-amr khayrun liy fiy deeniy wa-ma'aashiy wa-'aaqibat amriy, faqdur hu liy wa-yassirhu liy thumma baarik liy feehi. Wa in-kunta ta'lamu anna haadhal amr sharrun liy fiy deeniy wa-ma'aashiy wa-'aaqibat amriy. Fa asrifhu 'annee wa-srifni 'anhu. Wa aqdur lial khayra haythu kaana thumma a-rdhiniy bihee”

(At both instances where "haadhal amr" appears, mention affair here) Translation:

O Allah! Behold I ask You the good through Your Knowledge, and ability through Your Power, and beg (Your favour) out of Your infinite Bounty. For surely You have Power; I have none. You know all; I know not. You are the Great Knower of all things.

O Allah! If in Your Knowledge this matter be good for my faith (Deen), for my livelihood, and for the consequences of my affairs, then ordain it for me, and make it easy for me, and bless me therein. But if in Your Knowledge, this matter be bad for my faith (Deen), for my livelihood, and for the consequences of my affairs, then turn it away from me, and turn me away therefrom, and ordain for me the good wherever it be, and cause me to please with it.

CONCLUSION

The first principles of an Islamic management system were originally set by the Prophet Muhammad (SAW) in Medina (Saudi Arabia) with the establishment of the first Muslim state. That type of management, with its simplicity, laid the foundation of a civilization for many years later. A major characteristic of the Prophet’s administration was Shura or consultation because he consulted and followed his companions’ advice in a number of matters which were not specifically stated in the revealed Holy Quran. Al-Hirrawi (1986) argued that, because he was The Prophet, his followers would have executed his decisions without questioning but he was keen on creating an environment of consultation, participation and consensus among the believers.

The Prophet Mohammad (SAW) had an official consultative council comprising pious, knowledgeable and wise followers for making decisions that would affect the Muslim community. The pious Caliphs (R.A) who succeeded him maintained a consultative body and resorted to public referenda (Al-Hirrawi, 1986). Later, as Islam spread south and north, east and west, it was necessary to introduce specific regulations to govern the Muslims beyond the land of Arabia, while vigilantly adhering to Islamic principles and to the guidance of the Prophet’s example. As the rein of Muslim dynasties and empires expanded the system of public administration became more and more complicated and less centralized. The administration system was very often left to the local people in the new regions reached by Islam (Al-Hirrawi, 1986).

In later centuries, Muslim scholars from different parts of the world, some of the most influential of whom were not Arabs, gradually developed distinctive Islamic knowledge to cover all disciplines from exact sciences, such as architecture and medicine, to social sciences, such as economics and finance, and to arts, such as music and poetry. Today, there is a well-documented Islamic heritage and a wide literature on Islamic economic system, Islamic finance system and Islamic management system but neither of them is currently fully practised in any of the Muslim countries.

The principles of work ethics and management in Islam derive from the HolyQuran, the sayings and practice of Prophet Mohammed. Many verses of theQuran speak about justice and honesty in trade, and courtesy and fairness in employment relationships, and also encourage humans to learn new skills and to strive to do good work which benefits both the individual and the community. Islam emphasizes co-operation in work and consultation in making decisions (Abuznaid, 2006). Management is crucial in Islam and having a leader is obligatory in most circumstances of life. The Prophet Mohammed said,

‘When three are on a journey, they should appoint one of them as their leader’.

In Islam, life without work has no meaning and engagement in economic activities is an obligation’ (Yousef, 2001: 153). Working is obligatory for those who are able to work and self-reliance is a virtue as well as a source of self-fulfilment and success (Ali, 2008; Bouma et al., 2003). For example, it is narrated that the Prophet Mohammed said;

‘No one eats better food than that which he eats out of his work’.

He also said to a beggar;

‘ it is better for you to collect so me wood and sell it than to ask people –they may five you or they may not’ .

As stated earlier, human beings are trustees on earth and their activities are acts of worship; therefore work is an act of worship. It is not only important for earning a livelihood and being dependent on oneself, the value of the work is to utilize and enjoy the bounties of God for the benefit of oneself and the community (Zineldin, 2002; Wilson, 2006). Therefore work ethics in Islam are related to striving for perfection, seeking rewards in life and the afterlife, and exerting effort without excess (Al-Buraey, 1988). Whatever task a Muslim performs is carried out with the intention of worshipping God, earning a suitable (halal) income and living a good and respectable life. It is in this doctrine of seeing work as a social, economic and religious duty for every Muslim who is able to work and that humans are trustees of God on earth that employee relations are based and management is conducted in Islam. As far as the practice is concerned, there are many values and norms that managers should adhere to in Islam. Values such as trustworthiness, responsibility, sincerity, discipline, dedication, diligence, cleanliness, co-operation, good conduct, gratitude and moderation guide the principles by which human resources are managed. All these principles are supported with verses from the Holy Quran and the Sunnah of the Prophet Mohammed.

REFERENCES

1.      Transcript of AL QAWAID FIQHIYYAH, by Shahirah, Amirah, Amalina, Husna, AL-QAWAID FIQHIYYAH (ISLAMIC LEGAL MAXIMS), AL-UMURU BI MAQASIDIHA.

2.      Saad Abu Elgasim, Abdul Haseeb Ansariand, Mohamad bin Arifin. Persistent disputes Over the Classification of Defining Rule (Hukm Taklifi): Suggested Resolutions. Australian Journal of Basic and Applied Sciences, 7(7): 855-866, 2013.

3.      Elvan Syaputra, Noor Hilal, Issa Qaed. Masalahah as an islamic source and its application in financial transactions. Universiti Sains Islam Malaysia,nilai, 2014.

4.      Mohammad Akram Lardin, Understanding the Concept of Maslahah and its Parameters when used in financial transaction,international journal of islamic finance, 2010.

5.      Nik Abdul Rahim Nik Abdul Ghani, Hayyatul Laluddin, Amir Husin Mat Nor, Maslahah as a Source of Islamic Transaction, UKM, 2011.

6.      Mohd Firdaus. (2009). Hadaf and Wasilah. Retrieve on April 20, 2016. http://ustazos.blogspot.my/2009/06/antara-hadaf-dan-wasilah.html.