Definition of Sharia Law Established Based on the Qur’an and Sunnah

As Muslims, we certainly want to worship according to the rules given by Allah SWT. God’s laws have been established in the books that He sent down and through the prophets, messengers, and guardians that were sent down to earth.

Linguistically, law means Al-Qadha’  (القداء) which means decision. While the meaning of syariah law in terms is:

It is the address of the street that is related to the actions of the responsible, seeking, or choosing, or placing

It means: “It is a commandment of the Sharia related to the act of mukallaf, both in the form of demand, choice, and placement”.

Hukum syara’ can be interpreted as anything that has been established by the commandments of the Sharia, namely the Qur’an and the Sunnah. The law of syra’ is related to acts of mukallaf either in the form of words or actions in doing or leaving something.

Sharia law’ is not related to a person’s belief or creed. Mukallaf refers to anyone who is burdened by the Shari’a, including minors and the insane.

One of the things that must be understood by a Muslim is the Islamic law. Hukum syara’ is the name of law that is based on sharia or sharia. That is, a provision that comes from Allah SWT and the Messenger either in textual form or the result of the understanding of scholars. For this reason, syara’ law can also be said to originate from the Qur’an and Hadith.

From this understanding it can be known that the syar’ah law is divided into two, namely demand and placement (wadh’i). demands in the form of orders or prohibitions, whether certain or uncertain. As well as the choice of whether to do it or leave it.

Meanwhile, the second, which is wadh’i or placement which is the things placed by the shariat maker that determines the realization of a law or its perfection.

Broadcasting from various sources, following the division of Shariah law.

Division of Sharia Law’

Based on the meaning of syarah law’ above, syarah law’ can be categorized into 2 types as follows.

1. Taklifi Law

Based on Nasehatquran.com, the law of taklifi is a demand imposed on the mukallaf to do or leave a job and the choice between doing or leaving a job.

Taklifi laws are grouped into several types, including obligatory, haram, mubah, mandub, and makruh. Here is an explanation of the five categories.

  • Compulsory

Mandatory is something ordered by the Sharia maker to be done. A person who does an obligatory thing will be rewarded and get punished if he leaves it.

Reader can recognize obligatory by other names including fardhu, faridhah, hatmun, mahtum, and lazim. In the view of the hafiyyah, fardhu and wajib are different. fardhu or faridhah is a legal term that is established by qath’i arguments such as the Quran and mutawatir hadith. Whereas those established with dzanni arguments such as Sunday hadith are called obligatory.

Mandatory law itself can be categorized into four as follows.

  1. Based on Time Commitment

Based on time constraints, mandatory laws are grouped into two of them as follows.

  • Wajib Mutlaq or Wajib Muwassa’, which is an obligation that has a wide implementation period and is not bound by a specific time, such as fasting in Ramadan.
  • Wajib Muqayyad or Wajib Mudhayyaq, which is an obligation whose implementation is bound by a certain time, such as five daily prayers, Ramadan fasting, and so on.
  1. Based on Object Provisions

Based on the provisions of the object, mandatory law is divided into two categories as follows.

  • Wajib Mu’ayyan, which is an obligation that has been determined and there is no other option than what has been stipulated, such as the obligation to fast in the month of Ramadan, the obligation of Hajj, and so on.
  • Wajib Ghairu Mu’ayyan or Wajib Mukhayyar, which is an obligation that allows you to choose one of several options. An example is expiation for a person who breaks an oath.
  1. Based on the Rate

Based on the rate, the law is divided into two categories as follows.

  • Wajib Muqaddar or Wajib Muhaddad, i.e. obligations whose rate has been determined, such as the number of rak’ahs in obligatory prayers, the minimum amount of zakat payment, etc.
  • Wajib Ghairu Muhaddad, which is an obligation that is not determined in terms of amount, such as spending in the way of God, giving charity, feeding orphans, etc.
  1. Based on the Legal Subject

Here are the mandatory details based on the legal subject.

  • Wajib Aini or Fardhu Ain, which is the obligation imposed on each individual, such as praying five times a day, fasting Ramadan, etc.
  • Wajib Kifa’i or Fardhu Kifayah, which is an obligation that is burdened collectively, which when it has been represented then the obligation falls away. Such as funeral prayer, jihad fi sabilillah, amar ma’ruf nahi munkar, etc.
  • Illegal
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Haram is something that is forbidden by the Sharia makers that must be abandoned. People who abandon unlawful things will get a reward. However, the person who does it will earn sin.

Haram itself can be categorized into two groups as follows.

  • Haram lizatihi or haram because of its substance. That is an act that is originally illegal according to syar’i law. Examples: polytheism, adultery, stealing, eating pork, etc.
  • Haram lighairigi or haram because of something else. That is, an act that was originally permitted or prescribed, but due to the presence of other factors that can cause damage and harm, the act becomes haram.

For example, drinking alcohol becomes haram because it contains khamer. People who drink alcohol will lose self-control and can do other immoral things. Like adultery, killing people, etc.

  • Change

Mubah is something that has nothing to do with commands and prohibitions. For example eating, sleeping, drinking, etc.

All actions that were not originally ordered and not prohibited by the Shari’a. This is because if the act is motivated by something that is ordered or prohibited then the act follows the law behind it.

For example, learning Arabic, which is the original law, is allowed. However, because we are required to know the content of the Al-Quran and As-Sunnah, it is impossible for us to know it without learning Arabic. So learning Arabic is legally mandatory based on that background.

Other examples are eating and drinking. The original law is mubah, but when it is done excessively to the point of harming oneself then it becomes haram.

  • Mandub

Mandub is something ordered by the sharia maker that should not be done. A person who does something wrong while looking for a reward will get a reward, but if he doesn’t do it then he won’t get a punishment.

Mandub or sunnah has several levels among them as follows.

  • First, the sunnah of muakkadah. It is a sunnah that was always done by the Prophet sallallaahu ‘alaihi wasallam. For example, performing two rak’ah sunnah prayers before dawn.
  • Second, the sunnah ghairu muakkadah. It is a sunnah that the Prophet sallallaahu ‘alaihi wasallam did not always do, meaning that he occasionally left it, such as tarawih prayer, four rak’ah prayers before and after noon, and so on.

In Islam there is also a customary sunnah, namely the actions of the Prophet Muhammad SAW that are not part of the worship of God. Such as, the way to dress, the type of food and drink consumed, the way to drive, the way to walk, and so on.

  • Makruh

Makruh is something that is forbidden by the shariat in the form of non-obligation. When, someone abandons makruh things then he will be rewarded. However, if he does, the person will not sin.

The use of the term makruh is believed by scholars except Hanafi scholars. For him, makruh consists of two, namely makruh tahrim and makruh tanzih. Makruh tahrim is something that is prohibited or prohibited by Sharia but the evidence is dzanni al-wurud (strong presumption).

Meanwhile, makruh tanzih is something recommended by the Sharia to be abandoned as makruh known by scholars in general.

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2. Law of Wadh’i

Launched from the page Pai.ftk.uin-alauddin.ac.id , wadh’i law means artificial or made. The wadh’i law that is meant here is the existence of a law that depends on the presence or absence of something else such as reasons, conditions, and legal obstacles (manic).

a. Reason

What is meant by reason is everything that is made by syar’i as a reason for the existence or non-existence of law and the absence of something makes the existence of law necessary.

For example, in the word of God in QS Al-Maidah which contains two laws. First, the law of taklifi, which is to violate the prohibition of stealing. Second, there is also the law of wadh’i because he stole as a reason for his hand being cut off. So, the presence of thieves ensures the presence of amputation.

b. Requirement

What is meant by conditions is the absence of something that ensures the absence of law. But not the other way around, that is, there must be a law. for example the word of God in QS Al-Baqarah verse 110.

The meaning of QS Al-Baqarah verse 110, “And establish prayer and pay zakat.” And whatever goodness you do for yourself, of course you will get the reward from God. Indeed, Allah sees everything you do.”

Based on the verse, zakat becomes a mandatory law. However, if there is not enough haul then there is no mandatory law. However, haul is not enough to ensure the obligation of zakat because it still depends on other things such as nisab. In this case, haul is bought as a condition, which is one of the obligatory conditions of zakat.

c. Mani’

What is meant by ‘mani’ is everything that can negate or invalidate the law. For example, a woman who is on her period or postpartum is forbidden to pray.

Simply put, the essence here is menstruation and nifas. This is due to the presence of menstruation or nifas, so there is no obligation to pray.

d. Rukhsah and Azimah

Here is a more detailed explanation about rukhsah and azimah.

  • Rukhsah

Rukhsah means easy and light. What is meant by rukhsah is the change of something from heavy to light or easier. Because there is a reason for the original law. As in the word of God, QS An-Nisa’ verse 101.

The meaning of the verse is “And when you travel on earth, then it is not a sin to miss the prayer, if you are afraid of being attacked by the infidels. Verily, the unbelievers are your real enemies.”

The verse explains about the relief for those who are on the way to miss their prayers. Launched from bincangmuslimah.com, rukhsah can be grouped into several categories as follows.

  • Rukhshah which must be taken. Like eating carcasses for people who are about to die and can’t find other food.
  • Sunnah Rukhsah is taken. Such as breaking the prayer on the way, not fasting for the sick, and looking at the face and the palms of the woman who wants to marry.
  • Rukhshah that can be taken. Like practicing akad salam.
  • The more important Rukhshah is not taken. Such as rubbing shoes, praying multiple times in the absence of dhaar, etc.
  • Makruh Rukhsah is taken. Like skipping prayers on a journey that is less than a radius of 3 marhalah (120 km)

With the existence of rukhsah, it provides convenience for human life that is squeezed by difficulties and there are only haram or forbidden things in front of the eyes. However, that was the only thing that could save his life.

  • Azimah

Azimah means firm, heavy, and strong. Azimah can also be interpreted as anything that is prescribed in the beginning, and does not depend on any excuse or obstacle such as praying five times before there is an excuse. Fasting Ramadan before there are ailments or obstacles. Similarly, other obligations are called azimah.