4A Core Ethical Teachings ISRA (Islamic Jurisprudence)

4A Core Ethical Teachings ISRA (Islamic Jurisprudence)

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9Good, Evil and Human Nature
9Islamic Jurisprudence: Law and Ethics in Islam
9Legal and Ethical Boundaries
9Process of Islamic Jurisprudence
9Determining Halal and Haram Today
9Case Study: Organ Transplant
9Case Study: IVF

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In this topic, students will,
Specific for SoRand SaC
?P3 -investigate religious traditions and belief systems
?P4 -examine significant aspects of religious traditions
?P5 -describe the influence of religious traditions in the life of
adherents
?P8 -use appropriate terminology related to religion and belief
systems

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?The purpose of law and ethics is
to ensure the well being of the
individual and the community at
the same time in a balanced way.
?Shariah encompasses ethics and
law from a worldly and
otherworldly perspective.
?There are clear methodologies in
place for Shariah.
?Islamic ethics and law have been
developing throughout history in a
dynamic way.
?Ethics and law continue to
develop with new situations that
society faces.

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?Has been KRQRXUHGZLWKJRRGQHVV
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the innate capability to recognisegoodness
and virtue.
?Is created in WKHEHVWFRPSRVLWLRQ4XUDQ
95:3-6) in that we have the capacity to excel
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those who believe and do good deeds will
realisethis potential.
?Is created as a FDUHWDNHURQHDUWK4XUDQ
2:31-33) charged with the duty of upholding
goodness and righteousness.
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which is interpreted self-awareness and
freedom of choice that comes with it.

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?However, human beings have a nafs, the
egotistical soul that acts as the interface
between the spirit and the physical body.
?All human evil is a product of the
unpurified nafs.
?Although we have the ability to recognise
goodness and strive to uphold what is
right, our choices are negatively
influenced by the emotions, desires and
the selfish impulses of the ego.
?Part of the purpose of life for Muslims is
to strive against the negative aspects of
the nafs, to purify him/herself.
?Islamic ethics guides Muslims how to
purify themselves.

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?Actions can be
summarised as
?Good
?Bad
?Morally grey
?The choice gives these
actions weight and makes
individuals responsible
Good & Evil
Self-Evidently
Good
Broad Grey Area
of Good & Evil
Self-Evidently
Evil
Qiyas
Analogical Reasoning
7KH4XU?DQThe Sunnah Ijma
Consensus

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?Muslims are commanded to
?Enjoin Good
?Forbid Evil
?Islamic teachings all facilitate this
duty by providing a means to purify
the nafs
?Making impermissible
?Making obligatory
?Encouraging and discouraging
acts
?Part of the purpose of life for
Muslims
?Purification of the nafsis every
individuals struggle (jihad)
?Different for every individual
?Muslims do not blame Satan for
their evil deeds

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for happiness in this world and in the
next.
?Islam is an all-encompassing religion with
a comprehensive law that provides
guidance in all key aspects of life.
?Shariah contains both legal rules and
ethical principles.
?Shariah is summed up under four broad
categories.
?Aqidahcreed
?Ibadahreligious worship and practices
?Ahklaqmorality and ethics
?Muamalahsocial relations

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Commandments
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?Firstly, any legal and ethical endeavour
must ultimately lead to justice, beauty
and mercy.
?Secondly, law and ethics must protect the
following five basic human rights
?Lifeevery person has a right to live in
safety and earn his or her livelihood.
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personal property is a fundamental right.
?Human mind no one, including the self,
society and state, should coerce or
remove the ability to think freely.
?Belief & religionthere is no compulsion
in religion and every person has a right to
keep and pass their religion to future
generations.
?Family and lineagehumans have the
right to raise a family

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?Thirdly, Muslim jurists also take
into account important
methodical principles that are
utilisedwhen addressing ethical
problems.
?Some principles that especially
apply to Muslims living in Western
countries are given below.
?Everything is fundamentally allowed
unless stated otherwise.
?Something that cannot be completely
realisedis not completely abandoned.
?Necessities can waive a prohibition to
the degree that necessity is removed.
?Removal of a certain harm comes
before acquisition of a certain benefit.

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?Difference between law
and actions
?Law is the structure
which keeps society
functional
?Individual action is left
to the person unless it
impacts society
?Islamic law and
Australian law are very
similar
In Islam: Every crime is a sin but
not every sin is a crime

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?Human actions are not
absolute
?Neither are freedoms
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influences our freedom
?These must be
accommodated for
?Individual conscience
also influences our
freedom
?These can be left to the
individual

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?These four sources of Islamic law,
codified by the four great scholars are:
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of Islamic principles and values.
Only about 300 verses can be
considered strictly legal.
2. Sunnah of the Prophet
?Words, actions and approvals of
the Prophet Muhammad as the
messenger of God. An individual
report narrated is called a hadith.
?Thousands of hadith report
collectively make up the body of
Sunnah.

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3. Consensus (Ijma)
?Consensus of the community of
scholars over a solution to a legal
and practical issue.
?When a certain ruling lasts the
test of time, more and more
jurists as well as people accept
the ruling achieving a consensus
over that matter.
4. Analogical Reasoning (Qiyas)
?Extending established legal
precedence to new matters by
identifying an operative cause
applicable to both situations.

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?Qiyas is made by
scholars
?It has approval
through
?Consensus of scholars
at the time
?Consensus through
the test of time
?Important factor in
Sunni Islam

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?Making a ruling based
on sound evidence and
research
?Based on principles
?Mantiqfollows sound
logic
?Maslahaseeking
benefit
?Weighing out benefit vs
harm
?Istihsandeeming
preferable
?Choosing lesser of two
evils

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?These four major scholars who
clarified the four sources of law
also derived legal rulings from
these sources.
?Their legal rulings and principles
became four separate schools of
thought (madhab) in Sunni
Islam:
?Hanafi School of Imam Abu
Hanifa
?Shafi School of Imam Al-Shafi
?Maliki School of Imam Malik
?Hanbali School of Imam Ahmad
ibn Hanbal

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?It is considered necessary for Sunni
Muslims follow a madhab since the
scholars within each school perform the
jurisprudence of the four sources of
Islamic law, that individuals are not
qualified to do.
?Therefore, Sunni Muslims worldwide
generally follow one of these schools of
thought.
?It is important to note that each of the
schools of thought are considered correct
by each of the other schools.
?Today, muftis (jurists) use the rulings
developed from the four sources of
Islamic law, from within his/her school of
thought, to issue fatwas on new matters.