Qawaid Fiqhiyyah•Ma la Yatimmu al-Wajibu illa bihi fa Huwa Wajib &La yunkar taghayyur al-ahkam bi-taghayyur al-azman

JBM2295BPrepared For :

Ustaz Mohd. Asyadi Bin Redzuan

Prepared By :

1. Anis Hayati Bt Azmi

2. Siti Mutmainnah Bt Suradi

3. Nurul Aidah Asyikin Bt Mohmad Nordin

4. Amanda Sabariah Bt Shamsuri

Ma la Yatimmu al-Wajibu illa bihi fa Huwa Wajib &

Definition

•“When a compulsory cannot be done without a thing, it is then becomes compulsory”

•The pre-requisite of anything that is wajib will become wajib.

Example:

The ruling of wudhu’ is sunat but it become wajib to perform solat

Fardhu kifayah matters become compulsory with the absence of the matters

Dakwah become compulsory so long as islamic state is not established

Evidence

• Al-Quran 5:44

• “…And whoever did not judge by what allah revealed, those are they that are the unbelievers.”

Application

1. Ibadah

Perform solat is obligatory. While taking

wudhu’ is sunat. Taking wudhu’ will be

obligatory when a person want perform

solat.

2.Muamalat

Taking riba in business is prohibited in islam.

Everyone is obligatory to avoid from taking riba.

So, class, talk and seminar regarding riba is

obligatory in order to obtain knowledge about riba.

3.Dakwah

Dakwah become compulsory so long as islamic state

is not established. Establishing an islamic state is an

obligation because it is a precondition for the full

implementation of the islamic law.

La yunkar taghayyur al-ahkam

bi-taghayyur al-azman

•Definition :It cannot be denied that changes in rulings follow

changes in time.

Changes in situation and conditions have great impact on many shariah rullings derived from ijtihad. This is because whatever shariah rullings that was derived based on people’s custom and traditions would change according to changes in the custom, prctices and traditions of people.

However, rulings that is proven by a text of shariah sources cannot be changes.

The injunctions of Islamic law aim to achieve the fundamental of shariah such as to establish justice,acquiring benefit and preventing harms.

Obviously, all these are related to circumtances and the means of time.

There are numerous shariah ruling that are useful for a particular period of time but after one or two generations, it may no longer be able to meet the objectives.

To respond to this fact, numerous jurist from various doctorine of Islamic law have dicided differently in several issues and even contrary to the opinion of their prodecessors.

• According to Ibn Abidin, numerous rulings of Islamic law vary with the variance of time baesd on the changes of customs and collectives practices of the people due to the need of the time or corruption of people of the time. Infact, they also can give difficult and hardship to people.

• Hence, it is not to be denied that the legal injunction vary due to the variance of times, customs and collective practices of the people.

• If the custom and culture changes, then the legal injunction grounded on that also would be change.

The rulings that would be change pursuant to the changes of

time are the ruling based on qiyas, maslahah and urf.

On the other hand, legal rulings that are basically fundamentals of the shariah and derived from the original text of shariah i.e Quran and Sunnah can NEVER be change.

For instances, the shariah has granted the option for a buyer who has bought something to see the purchased item.

‘’Whoever bought something which he has yet to see, he is then entitled to an option to see it’’- Prophet S.A.W

Examples and applications

1.Since the black colour is considered as a defect in the era of Imam Abu Hanifah, he is opinied that if the usurper dyes the cloth with black color it would be threated as an original defect of the object. However, afterwards when the custom and norm of the people has changed and they used to consider this as an addition instead of a defect, both of the companions of Abu Hanifah opined that it is to be threated as an addition, not the defect.

2.Obligation of the registration of vehicles, having licences, takaful coverage and so on. Obviously, these rulling have passed as a response to the needs of time for several valid objectives to be achieves such as protection of lives and property.

3.Among other examples of the advancement of time is the diversity in the design and pattern of the constuctions, properties, houses, as well as discrepancy of the custom in accomodations, utilities clothing and so on. Obviously these variances would lead to the variance of mode of modes of the inspection of subject matter of sale contract. Hence nowadays it becomes a necessity to scrutinize the sold object as a whole, since the partial inspection may not meet the objectives.

4.The OIC Fiqh Academy originally approved tawarruq as a principle in the Islamic finance and capital market industries as a financing tool. However, it later prohibited the used of what it called the organized tawwaruq.

5.The SAC of SC used benchmark of 10% income from interest from conventional banks in determining wheter a listed stock is shariah approved. However, at the time of the ruling, the number of Islamic bank is limited and it was difficult to avoid not getting interest from conventional banks. In the future, the SAC of SC may review its decision since the number of Islamic bank has grown and it is no longer difficult to avoid interest.