8/2/2019 PP_pre_IL

1/15

Historical Development of Islamic

LawMembers :

Rozanna binti Rosdi

Nabilah binti Mat Pozian

Siti Hasmah binti Osman

Nurhazwani binti Muhamad Yusoff

Nadhirah binti Abdul RahimNur Sakinah binti Ismail

8/2/2019 PP_pre_IL

2/15

PreIslamic Period ( Jahiliyyah ) Categories of Pre

Islamic

Bedoin

Hadara

PreIslamic religion

Social and moral conditions Good and bad qualities

Economic condition Tribal loyalty and hierarchy

Property

Sale

System of taxation

Political condition Tribes and subtribes

Political conciousness

Administration of justice Offences

Principle of punishment

Form of punishment

8/2/2019 PP_pre_IL

3/15

Islam

Categories of practises and customs Totally prohibited and abolished

Accepted with certain modification

Accepted and confirmed Characteristic of Islam

8/2/2019 PP_pre_IL

4/15

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

8/2/2019 PP_pre_IL

5/15

After the Hijrah of the Prophet, the

citizen of Madinah were divided intofour political parties or groups

MuhajirinAnsar

Aus & Khazraj

The jews

8/2/2019 PP_pre_IL

6/15

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.

8/2/2019 PP_pre_IL

7/15

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)

8/2/2019 PP_pre_IL

8/15

Effects of Charter of Madinah

It established political unity and transformed the city of warring tribeinto a peaceful state or republic, headed by the Holy Prophet underthe 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 theProphet and Islam.

The Charter guaranted equality of rights and duties to all the citizen ofMadinah, 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.

8/2/2019 PP_pre_IL

9/15

THE CHARACTERISTICS OF SYARIAH IN THEPROPHETS PERIOD

The sole sources are Quran & Sunnah

No differences of opinion occurred (there was onlyone final reference)

Most of the rules revealed were directly meant todeal 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 thecompanions (there have no direct reference in theQuran & Sunnah)

8/2/2019 PP_pre_IL

10/15

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

8/2/2019 PP_pre_IL

11/15

Umar Al Khattab

( The Second Caliph ) Earlier life

Contributions and achievements Military conquests and reforms

The Baitulmaland revenue administration.

The pioneer of the Islamic democracy

Personal care of the public

The Diwanor the Register of Pensions

Introduction of Police Department and Institution ofPrisons.

Introduction of Islamic Calendar

Ordained performing taraweeh prayers in congregation.

8/2/2019 PP_pre_IL

12/15

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

8/2/2019 PP_pre_IL

13/15

Ali bin Abi Thalib( The Fourth Caliph )

Earlier life

Contributions and achievements as last caliph

8/2/2019 PP_pre_IL

14/15

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

8/2/2019 PP_pre_IL

15/15

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