Historical Development of Islamic Law

Members : Rozanna binti Rosdi Nabilah binti Mat Pozian Siti Hasmah binti Osman Nurhazwani binti Muhamad Yusoff Nadhirah binti Abdul Rahim Nur Sakinah binti Ismail

Pre Islamic Period ( Jahiliyyah )

Categories of Pre Islamic
Bedoin Hadara

Pre Islamic religion Social and moral conditions

Good and bad qualities

Economic condition
Tribal loyalty and hierarchy Property Sale System of taxation

Political condition
Tribes and sub tribes Political conciousness

Administration of justice
Offences
Principle of punishment Form of punishment

Islam
Categories of practises and customs
Totally prohibited and abolished Accepted with certain modification Accepted and confirmed

Characteristic of Islam

Period Of The Prophet

During the period of the prophet Message of the prophet
Prophetic period consist of two distinct periods
Makkah Madinah

Themes of revelation
Before Hijrah ( Makki Legislation )
Essences of legislation

After Hijrah ( Madani legislation )

Essences of legislation

After the Hijrah of the Prophet, the citizen of Madinah were divided into four political parties or groups
Muhajirin Ansar Aus & Khazraj The jews

On the Prophet coming to Madinah,

The Prophet first abolished the tribal distinction and grouped the inhabitant of madinah into a single community. the Prophet established the brotherhood between Ansar and Muhajirun based on faith The prophet granted a charter which is commonly known as the Constitution of Madinah.

Charter of Madinah
is a lengthy document which was drafted by the Prophet Muhammad on 622M in the first year of Hijrah. consists of 47 clauses, which 23 clauses(Muslims and Muslims) while the remaining 24 clauses (Muslims with non-Muslims)

Effects of Charter of Madinah

It established political unity and transformed the city of warring tribe into a peaceful state or republic, headed by the Holy Prophet under the sovereignty of Allah.

It replaced civil strife and discord by peace and order under a new code of laws which the Prophet promulgated.
The life of every person, Muslims or Jews were protected by the Prophet and Islam. The Charter guaranted equality of rights and duties to all the citizen of Madinah, irrespective of their colour, creed or social status. It proclaimed the principles of civil equality, the rule of law, freedom of worship and religious tolerance.

THE CHARACTERISTICS OF SYARIAH IN THE PROPHETS PERIOD

The sole sources are Quran & Sunnah No differences of opinion occurred (there was only one final reference) Most of the rules revealed were directly meant to deal with the actual event Mark the beginning of evolution of the fiqh No compilation was made to Al-Quran Ijtihad was occurred to the Prophet and the companions (there have no direct reference in the Quran & Sunnah)

ABU BAKAR AS-SIDDIQ (THE FIRST CALIPH)

Earlier life A loyal companion Becoming a caliph As a caliph
War against suppression and apostasy movements
Expeditions and the expanding of the Islamic states. Collection of the Al-Quran

Introduced a democratic way of a ruling government The Baitulmal and revenue administration.

Successor and Death

Umar Al Khattab ( The Second Caliph )

Earlier life Contributions and achievements
Military conquests and reforms The Baitulmal and revenue administration. The pioneer of the Islamic democracy Personal care of the public The Diwan or the Register of Pensions Introduction of Police Department and Institution of Prisons. Introduction of Islamic Calendar Ordained performing taraweeh prayers in congregation.

Othman bin Affan ( The Third Caliph )

Earlier life Contribution in Islam
Lost his family and relatives He gave up his house and everything for the cause of Allah. He fought by the side of Prophet. Played an important part in peace talk Bought a well. Spend money for the extension of the mosque. He gave whatever he could help in counter proposal. Approve and support the navy Compile the Quran

Ali bin Abi Thalib ( The Fourth Caliph )

Earlier life Contributions and achievements as last caliph

Mazhab
Definition
Islamic term that refers to a school of thought or religious jurisprudence, or fiqh, within Sunni Islam

Type of mazhab
Hanafi ShafiI Maliki Hanbali

Islamic Law in Malaysia

Came to Malaysia in 1414 during the pemerintahan Parameswara or Sultan Megat Iskandar Shah British colonization Today in Malaysia
Article 3 (1) of the Federal Constitution