Sources of Islamic Shari’ah Principles of Islamic Economics

Sources of Islamic Shari’ahPrinciples of Islamic Economics Hassan kamran

Shari’ah Lexical meaning: Plain Way Technical meaning: The Divine Law

Then We have put you (O prophet) on a plain way of (our) commandment. So follow it and do not follow the desires of those who do not know. (45:18)

What is Shari’ah • Calling Shari’ah a 'law' can be misleading, as Shari’ah extends beyond law. • Shari’ah is the totality of religious, political, social, domestic and private life. • Shari’ah is primarily meant for all Muslims, but applies to a certain extent also for people living inside a Muslim society.

What is Shari’ah The regulations of the Shari‘ah can be divided into two groups: • Regulations on worship and ritual duties • Regulations on juridical and political nature

Islamic Matrix

Sources Of Shari’ah • All the Shariah Rulings regarding every aspect in human life are derived and understood from the four sources.

Sources Of Shari’ah Primary Sources • The Holy Qur’an • The Sunnah of the Holy Prophet (SAW) Derived Sources • Ijma’ (consensus of the Ummah) • Qiyas (Anology)

1) The Holy Qur’an • The book of Allah (SWT): Revealed on the last prophet, written in the form of book and is being conveyed with out any break. • Gives main beliefs, principles and wide-ranging directives of Allah, Allah (SWT) said: "Verily, this Qur'an guides to that which is best, and gives glad tidings to the believers who do good that theirs will be a great reward." (17: 9)

1) The Holy Qur’an • Express Injunctions ( Nusoos) have no room for interpretation or Ijtihad. • Implied injunctions (Mujmalat) may be interpreted in different ways by way of Ijma or Ijtihad.

2) Sunnah • Definition: A word spoken or an act done or ratified by the Holy Prophet (peace be upon him), by Sahabah and a word spoken or act done byTaabae’een. It is a source of law because the Holy Quran itself has made it obligatory for every believer that he obeys and follows the Holy Prophet:

2) Sunnah And obey Allah and His Messenger, if you are believers (8:1)

2) Sunnah So, believe in Allah and His Messenger, the unlettered prophet who believes in Allah and His words, and follow him, so that you may be on the right path.

2) Sunnah • Sunnah includes Sayings, Practices, No-objection (Silent Approvals) of Prophet and practices of four Caliphs and other companions of holy Prophet (SAW). • Ahadith have rather specific meanings, it mean Sayings of Prophet (SAW). Ahadith act for Quranic teachings and directives as interpreter and explainer.

3) Ijma’ • Ijma’ means Scholarly consensus • Scholarly consensus is defined as being the agreement of all Muslim scholars on a specific issue. Given the condition that all such scholars have to agree to the ruling, its scope is limited to matters that are clear according to the Qur'an and Prophetic example, upon which such consensus must necessarily be based. • The Holy Prophet (SAW) has said: My Ummah shall never be combined on an error.

4) Qiyas (Analogy) • Qiyas, is reasoning by analogy. • To apply a recognized rule of Shariah expressly mentioned in the Holy Quran and Sunnah to a similar thing or situation by way of analogy. • Legal analogy is a powerful tool to derive rulings for new matters. For example, drugs have been deemed impermissible, through legal analogy from the prohibition of alcohol that is established in the Qur'an. Such a ruling is based on the common underlying effective cause of intoxication.

School of Thoughts Our four school of thoughts • Hanafi • Shafai • Malki • Hanbali All these are based on these sources Shariah and are true.

Concept of Impermissibilityin Shari'ah Divine prohibitions • Islam has prohibited some activities for human as it considers it dangerous and injurious for human society; • A specific list of these activities has been derived through primary and derived sources of Shari'ah; • No individual is allowed to modify the list except in special circumstances; • Examples of these include Pork, Interest, Gambling, immorality etc.

Concept of Impermissibilityin Shari'ah Government Restrictions • Islam allows Govt. to intervene where it feels appropriate, but these restrictions are temporary as per the need of time. • Central Bank's regulations are another example.

Principles of Islamic Economics Moral Prohibitions • Islam has a great emphasis on Life Hereafter. Life in this world is temporary and there is an eternal life afterwards. • One has to make this worldly life a way to get the maximum benefit in the life hereafter. • There are certain activities which are neither banned from the Government nor they are declared impressible from any source of Shari'ah, however, moral values may not allow them. • Similarly there are certain activities which are more rewarding than others in life hereafter.

Principles of Islamic Economics Conventional Economics & Its Problems To utilize the limited resources in a way that maximum needs and wants are met to ensure the well being of all members of the human society The Four basic Economic Problems • Determination of Priorities • Allocation of Resources (Land, Labor, Capital, Entrepreneur) • Distribution of Income • Development

Principles of Islamic Economics Islamic Economic Model Islamic Economic Model is based on two underlying principles: • Importance of economic goals; • Real nature of wealth and property

Principles of Islamic Economics Importance Of Economic Goals • Economic activities of man are lawful, meritorious and at times obligatory and necessary. • Prophet (SAW) once said: “... and that you leave your heirs well off (or he said: prosperous) is better than to leave them (poor and) begging from people...” (Bukhari, Book 013, Number 3997) • However economic activity is not the basic problem and therefore economic progress is not the be-all and end-all of human existence

Principles of Islamic Economics Importance Of Economic Goals • According to Materialistic Economists: Livelihood is the fundamental problem of man and economic development is the ultimate goal of human life. • According to Islam: • Livelihood may be necessary and indispensable but cannot be the true purpose of human life; • Wealth in all its possible forms is created by Allah • Therefore wealth is the property of Allah • The right of property which accrues to man is delegated to him by Allah

Principles of Islamic Economics Importance Of Economic Goals Islam has a different viewpoint about the four Basic Economic Problems • Determination of Priorities Aakhrat is the top priority • Allocation of Resources (Land, Labor, Capital, Entrepreneur) No remuneration to Capital • Distribution of Income Different ways (Zakat, Sadaqaat, etc. etc.) • Development Only through Halal (permissible) ways and for Halal purposes

Basic Concepts and Philosophy of Islamic Banking Economic philosophy of Islamic Economic System is based following principles: • Encouragement of Trade and Business • Elimination of Riba • Elimination of Interest

Basic Concepts and Philosophy of Islamic Banking Islam suggest a good mechanism of Distribution of Wealth The purpose is: • Establishment of a practicable Economic system • Islam accepts the following thing within a certain limits • Laws of demand and supply • Motive of personal profit • Market forces (In fact Islam gave the concept of Market Forces 1300 years before Keynes presented the modern model of Economics in 1927). • Natural relation of employer and employee

Basic Concepts and Philosophy of Islamic Banking • Enabling every one to get what is rightfully due to him • Elementary level of deserving wealth: Factors of production • Secondary level of deserving wealth: Poor

Basic Concepts and Philosophy of Islamic Banking • Eradicating the Concentration of Wealth • Prohibition of: • Hoarding, • Interest • Gambling • Speculation • Uqood-e-Fasidah, and • Gharar • Encouragement of Sadaqah, Laws of Inheritance, Mehar etc.

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Sources of Islamic Shari’ah Principles of Islamic Economics