Notes for Facilitator

The subject, management from Islamic perspective (MIP), contain Islamic terms and heavily rely upon shariah based connotations /notes. Therefore, a detailed description of Shariah is provided in the following paragraphs for the purpose of easy comprehension. The terms and descriptions given in the text may apply as follows.

The word Shariah refers to the totality of Allah’s commands that regulates the life of every Muslim in all aspects. As every Muslim is responsible for his actions, Shariah gives true prospective of his rights and duties. It is mainly concerned with the ideology and faith, social principles, law regarding man’s relations with each other, the rules and conditions regarding the lawful and unlawful and other practical daily matters.

Primarily, the source of Shariah originates from al-Quran, which is the direct commandment of Allah. The second source is al-Sunnah. In addition to al-Quran and al-Sunnah, there is the provision or authority given to man in order to interpret and expand Divine commandment by means of consensus of opinion of ulama or analogical deductions. Al-Ijma and al-Qiyas* which are asserted as the third and the fourth sources of the Shariah respectively derived from this provision.

One of the most important principles of the Shariah is that of maslahah or general welfare such as to secure the welfare of humanity physically, morally and spiritually in this world and hereafter. The principle is expressively singled out by al-Quran and it is with regard to the purpose of Prophethood of Muhammad (saw) as Allah (swt) says : “We sent thee not, but as a mercy for all creatures” (al-Anbiya’: 107). In another verse, Allah (swt) says: “O mankind! there hath come to you direction from your Lord and a healing for the (diseases) in your hearts and for those who believe, a guidance and a mercy.” (Yunus: 57).

In tandem with these principles, the objectives of Shariah are prevalent on the benefits of the individual and that of the community. Simultaneously it facilitates improvement and perfection of human life.

As a matter of fact, there are five primary objectives of Shariah which are referred to as “Maqasid As-Shariah”. These objectives are:

1) Preservation of the religion e.g. in order to preserve the religion, Islam has legalised jihad and it may be an inward struggle (directed against evil in oneself) or an outward one (to fight injustice and to protect the innocent).

2) Preservation of life e.g. to preserve life, Islam prohibits causing harm to oneself and encourages Muslim to be keen to do whatever is beneficial to his health and to take all preventive measures for example, to guard against illness.

3) Preservation of intellect e.g. in order to ensure the intellectual well being of the mankind and advancement of civilisation, Islam encourages pursuit of knowledge and gives high priority to education.

4) Preservation of progeny e.g. Islam protects man’s honour and prevents lineage confusion by encouraging marriage and advocating family institution. This is to ensure procreation of generation within the Shariah boundary and at the same time prohibits adultery or illicit sex (zina), considering them as one of the most grievous crimes.

5) Preservation of property e.g. to enable Muslims to earn a living, Islam encourages work especially trading activities and prohibits stealing, deception, gambling, bribery and all illicit gains as they pose a threat to the protection of the public and private property.

These five objectives pursued by Shariah can be observed through the ahkaam (rulings) upon which fiqh (Islamic Jurisprudence) revolve around. The rulings are categorized as follows:

• Wajib (obligatory) – an obligatory action is the one that shall be performed.

• Mustahab (recommended – a recommended action is the one that should be performed.

• Mubah (permissible) - a permissible action is the one that is neither encouraged nor discouraged.

• Makruh (disliked) - a disliked action is something which is abominable and should be avoided but not in strictly prohibitory terms.

• Haram (unlawful) – an unlawful action is the one that shall not be performed and is strictly prohibited.

The distinctions between these five categories are in whether the deeds are rewarded or not rewarded; punished or not punished.

i) Adherence to the obligatory deed is rewarded; but that of the disliked is not punished.

ii) Non adherence to the obligatory deed is punished, but the unlawful and disliked is rewarded.

iii) The adherence and non-adherence to the permissible is neither rewarded nor punished.

iv) The adherence to the recommended deed is rewarded; but non-adherence is not punished.
For better understanding of the fiqh, there is the need and the necessity of knowing usul al-fiqh** (methodology of fiqh) and al-qawaid al-fiqhiyyah*** (Islamic legal maxims).

Methodology of fiqh (Usul al-fiqh) consists of four sources namely al-Quran, al-Sunnah as well as al-Ijma and qiyas. However the word qiyas is not universally accepted by all experts, which means “comparing with or judging by comparing with a thing”. It is a process of deduction by which the laws of a text is derived. Qiyas is actually analogy from al-Quran, al-Sunnah and al-Ijma’. It can be carried out only in a Shariah governed state when a solution to problem cannot be found through al-Quran, al-Sunnah and al-Ijma’.

Usul al-fiqh is concerned with the methodology of legal reasoning and the rules of interpretation, the meaning and implication of commands and prohibitions, and so forth.

It is a theoretical abstraction – usually in the form of short statement that is expressive of the objectives and goals of the Shariah. The science of legal maxims is different from the science of usual al-fiqh in that the maxims are based on the fiqh itself. A maxim is defined as “a general rule which applies to all of its related particulars”. A legal maxim is reflective of a consolidated reading of the fiqh. Thus the following technical terms has wide usage in the book and their brief descriptions are given as below.

1. Ummah Dawat
Person who is not subjected to shariah and Islamic laws (Non-muslim)

2. Ummah Ijabat
Person who abides by shariah and voluntarily accepted rulings of Islamic laws. He/she is Shariah compliant (Muslim).

3. Shariah compliance
Conformity to Shariah.

4. Fiqh Council in Malaysia
The body that is accountable to issue decree (fatwa) on Islamic matters on the basis of shariah advices from the scholars.

5. Shariah Advisory Committee (Shura)
The body that is accountable to review, advice and endorse the management of the organisation on Shariah matters. It is also the reference centre on Islamic management issues of an organisation.
6. Shariah Compliance Team
A unit comprising two or more Shariah qualified persons who are accountable to monitor and ensure Shariah is observed and continuously practised in the management of the organisation according to the Shariah Advisory Committee's advice.

7. Shariah Enforcement Officer
A Shariah qualified person who is accountable to monitor and ensure Shariah is observed and continuously practised in the management of the organisation according to the Shariah Advisory Committee's advice.

8. Halal
Things or actions which are permitted or lawful in Islam, otherwise it will be non-Halal.

9. Haram
Things which are prohibited by shariah and its avoidance is compulsory

10. Al-Quran
The very word of Allah revealed unto the Prophet Muhammad (saw) in Arabic. It contains the knowledge imparted by Allah (swt) and the guidance for men which is righteously at all times.

11. Al-Hadith
Prophetic tradition – A report about the Prophet Muhammad's (saw) saying, doing or reaction (approving or disapproving of it). The authenticity of report (al-Hadith) depends on the reliability of the narrator(s).

12. Al-Sunnah
Practices by the Prophet Muhammad (saw).

13. Al-Ijma’
The consensus of opinions of the companions of the Prophet Muhammad (saw) after his death and the agreement reached on the decisions taken by the learned jurists on various Islamic matters.

14. Fatwa
A decree or legal opinion given by the Fiqh Council.

15.Muasharat
A society that comprising of members who lives their life based on shariah compliance.

16. Husin al Khulq
Demonstration of human behaviour based on ideals of Muslims’ morals

17. Allah’s Vicegerent
Allah (swt) has defined Adam’s sons and daughters (man/women) as vicegerent of Allah on earth.