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Shariah and Fiqh

From: Introduction to Shariah

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Author

International Shariah Research Academy for Islamic Finance (ISRA)

Last Update 14 Oct 2017

In this module we will introduce the term Fiqh, and we will compare this with Shariah.

06m 59s

Duration

Developed in partnership between IslamicMarkets Learning, International Shari'ah Research Academy for Islamic Finance (ISRA) and industry experts, Introduction to Shariah explores Shariah application in Islamic banking.

Table of Contents
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Topics

What is Shariah? 04m 57s

What is Shariah? What are the Characteristics of Shariah? The Three Components of Shariah and its Rules and Provisions

Objectives of Shariah 08m

What are the Objectives of Shariah? Aspects of Essentials Intensity and its Categories Complementaries as a Lower Level of Intensity Components of Embellishment The Hierarchy of the Intensity of Need

Sources of Shariah 27m 30s

Introduction Primary Sources of Shariah Qur’an - First Primary Source of Shariah Sunnah - Second Primary Source of Shariah Classification of Sunnah What are the Roles of the Sunnah? Ijma - Third Primary Source of Shariah Qiyas (Analogical Reasoning) - Fourth Primary Source of Shariah Secondary Sources of Shariah What is Istishab? Classification of Istishab Definition of Maslahah Mursalah Classification of Maslahah Mursalah Conditions of Validity of Maslahah Mursalah What is Urf (Customary Practice)? Conditions - Authoritative Customs Definition of Sadd Al-Dhari’ah Categories of Lawful Acts under Shariah What is Istihsan (Juristic Preference)? Classification of Istihsan

Shariah Risk in Islamic Finance 15m 01s

Introduction Preview Is There A Conflict Between Shariah and Secular Law? Case Study: Investment Dar vs Blom Bank Case Study: Nakheel Development Limited Sukuk Outcomes of Shariah Risk Module Wrap Up

Shariah and Fiqh 06m 59s

Introduction Definition of Fiqh Examples of Fiqh Distinction and Scope Between Shariah and Fiqh Flexibility of Fiqh Rulings Examples of Fixed Rulings of Fiqh Interpretations of Different Rulings of Fiqh

Overview of Usul Al Fiqh (Principles of Islamic Jurisprudence) 10m 06s

Introduction Defintion of Usul Al-Fiqh Importance of Studying Usul Al-Fiqh Why Do We Need Usul Al-Fiqh? Subject Matter: Sources of Islamic Law and Methods History of Usul Al-Fiqh Approach of Jurists to Usul Al-Fiqh Different Theories of Usul Al-Fiqh

Islamic Legal Maxims (Qawa'id Fiqhiyyah) 14m 33s

Overview of Islamic Legal Maxims Preview Five Leading Islamic Legal Maxims Matters Determined by Intentions Hardship Begets Facility Harm is to be Eliminated Certainty is not Overcome by Doubt Custom is Arbiter Market Example: FX Spot Trading - Cross Border Transactions

Introduction to Mu'amalat & Objectives 06m 01s

Introduction and Definition of Mu'amalat Preview Objectives of Mu'amalat Regulate Behaviour Contracting Parties Encourage Participation in Commercial Transaction Avoid Misunderstanding and Unlawful Dealings Achieve Fairness and Honestly Fulfil Contractual Obligations Elevate Spirit of Brotherhood