Concept of Maqasid Al-Syariah Essay

1. In directly meaning Maqasid Al-Syariah can be define as the objectives of Islamic police. However, in linguistic meaning Maqasid is define as follow, a goal or as an inspiration meanwhile Al-Syariah is define as the law that God reveal to Muhammad involving all aspects of life such as family institution, in finance or it can say the way of a Moslems live their life.In together circumstance Maqasid Al-Syariah carriers the meaning based on its constituent part, of the goal and objectives which atomic number 18 priming for legislation of the rule of Islam. As we known all law in Islam has wisdom behind them and not randomly legislated or without purpose. These scathe atomic number 18 back bone to this concept. They ar Illah and Hikmah.Illah in linguistically has two meaning. A sickness and a reason or causes. In definition Illah is a law that exist because of the reason or it rival in abominable ways. As an example is prohibition of drinking alcohol is due to it give bad effects to our health and mental stability. Allah prohibits us to drink Alcohol in order to avoid us losing our insanity and doing something immoral without our awareness.Hikmah in linguistically means wisdom or intend. This mean Islamic law has it intend even though it is not clear why Allah make a rule equal that. There are some rules in Shariah for which the reason for their legislation is not clear or apparent. We do not say that there is no reason, rather which it is hidden from us and Allah with His wisdom chose not to disclose it. As an Example prayer five terms daily. That not to say there are no benefits. Only Allah knows best.2.Sources of Islamic LawSeveral of sources Islamic law use by Islamic jurisprudence to clarify the Shariah. There are two main sources that can be consider as the core of Islamic law which is Al-leger and hadith.However in some circumstances of jurisprudence different methods are used to judge the level of authencity which is comprise of Ijtima and Qias.The QuranMuslims believe the Quran to be the direct manner of speaking of Allah, as revealed to and transmitted by the Prophet Muhammad. All sources of Islamic law must be in subjective agreement with the Quran, the most fundamental source of Islamic knowledge. When the Quran itself does not speak directly or in detail about a certain subject, Muslims only then turn to alternative sources of Islamic law.The SunnahSunnah is the traditions or known practices of the Prophet Muhammad, m any(prenominal) of which have been recorded in the volumes of hadith literature. The resources include many things that he said, did, or agreed to and he lived his life according to the Quran, putting the Quran into practice in his own life. During his life term, the Prophets family and companions observed him and shared with others exactly what they had seen in his words and behaviors i.e. how he performed ablutions, how he prayed, and how he performed many other acts of worship. People also a sked the Prophet directly for rulings on various matters, and he would pronounce his judgment. All of these details were passed on and recorded, to be referred to in future well-grounded rulings. Many issues concerning personal conduct, lodge and family relations, political matters, etc. were addressed during the time of the Prophet, decided by him, and recorded. The Sunnah can thus clarify details of what is stated generally in the Quran.Ijma (consensus)In situations when Muslims have not been able to find a specific legal ruling in the Quran or Sunnah, the consensus of the community is sought (or at least the consensus of the legal scholars within the community). The Prophet Muhammad once said that his community (i.e. the Muslim community) would never agree on an error.Qiyas (analogy)In cases when something needs a legal ruling, but has not been distinctly addressed in the other sources, judges may use analogy, reasoning, and legal precedent to decide tonicly case law. This i s often the case when a general principle can be applied to new situations. (See the article Smoking in Islam for an example of this process at work.)3.Type and categories of riba and ghararThe Islamic economic system as part of spiritual activities obtains its general rules from Al Quran and Sunnah. Therefore, its values consist of what is allowed and leaves out what is forbidden. Some values that are forbidden in Quran and Sunnah are Riba (Usury) and Gharar (Uncertainty). These values are the biggest differences between Islamic economics and capitalist economy and Socialism economic systems. The following is the explanation of Riba and Gharar A. Riba (Usury)Riba is literally translated from the Arab language and means an increase, growth, augmentation or accretion, (Khir, Gupta, & Shanmugam, 2008, p.28), and addition and expansion, (Al-Harran, 1993, p.16) although not all of increasing is forbidden in Islam. And as syariah term, it means the premium that is paid by the borrower to the bringer together with the principal of loan due to some condition and because of its addition time to maturity (Chapra, 1992). match to this definition, many scholars agree that the riba refers to interest used commonly in economic conventional system. Types of RibaScholars have shared riba into two types 1. Riba Duyun.This type of riba occurs in a loan or debt. Any kind of addition or increase above the amount of principal whether the addition or increase are inflicted by the lenders or willingness of the borrowers. Riba Duyun is divided in two typesa.RibaQardhThis is all increments above the amount of the principal of the loan whose amount is compel proportionately at the beginning of the lending agreement. The addition above the amount of the principal and is due in a certain amount of time based on the loan.b.Riba JahiliyyahThis occurs when the increment of the principal increases as the time of loan increases. At first, there is no such fix increment, but when the bor rowers want to postpone the loan or to extend the time to maturity the lenders will compel the increase of the loan. However, this addition is due to the time of maturity and can also happen along with the riba qardh above. According to this explanation riba qard and riba jahiliyyah refer to interest because they are associated with the addition or increase and the extension of time to maturity. For example Loans from the banks, credit card etc.1. Riba BuyunRiba buyun occurs in trading transactions. This kind of riba occurs in trading of two of the corresponding product but in unequalized amounts or the same product in equal amounts but there is a postponement in delivery.Types of Riba Buyun area. Riba FadhlRiba fadhl is products that are interchange in different amounts, number, measurement or weight without the postponement in delivery of the product or the payment. According to Khir, Gupta, & Shanmugam (2008) it is also called Riba of Excess (p.31). Riba fadhl can happen in th e obtain and sale of different products, but the quantity or the amount of products that is exchanged are different. The difference in the quantity or the amount is unjust and dishonest which is prohibited in Islam. Riba fadhl can be avoided if the goods exchanged are equal in amount, number, quantity, and measurement.b. Riba Nasiah (Riba Yad)According to Khir, Gupta, & Shanmugam (2008), this is a kind of riba happens in trading in same weight, measurement and number of products, but the delivery of products, or the payment of specie are delayed. However, Chapra (1992) stated that Nasiah stupefy from nasaa means to postpone, defer, or wait (p.35), and refers to the time the borrower returns the loan with the addition. And he argues that this is interest in a conventional system. Although there are some explanations and definitions about types of riba, basically the meaning is same because in cogitate knowledge, scholars is usually referred to as Ijma Ulama (the teaching from Sch olars who have well known about their knowledge in Islamic Jurisprudence).Motivation in prohibition of Riba Islam is very concerned with human prosperity. Therefore, it would not forbid something without any explanation for the prohibition. Although riba does not just refer to interest, but the term of riba is used to explain interest. The following is the reason why riba is prohibited in Islam1. An interest based system damages equity. Interest will ramp the borrowers to pay additional money above the principal while the borrowers do not have a positive(p) bring in from their loan used in business. Therefore, the interest rate will increase the money of rich people.2. Interest based systems dissuade people to open a new business. Interest pass judgment will cause people to hesitate in finding something new or in possible action a new venture because the new business does not yet have a positive return. On the other hand, the owner must pay definite payments to the lenders.3. I nterest based systems set profit to one side and ignores the other side. Much like banks, they are just concerned about their returns and fag outt care about loss or profit of the borrowers.4. Interest based systems depress enthronization activity. Interest will increase investment costs.5. Interest based systems add securities to the lenders rather than participate in development. For example For safety lending reasons, banks tend to provide loans to the most profitable business or connection that have been in existence for a long time and are less concerned with teeny-weeny enterprises that are new in the market.