COMPARING THE LEGAL RULES (AHKAM-I SHARIAH) IN THE MALIKI AND SHAFII SCHOOLS WITH THE HANAFI SCHOOL OF THOUGHT

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Published: 2017-07-17
DOI: https://doi.org/10.22373/jiif.v16i1.675
Keywords:
Madhhab, Syari’ah, Fiqh, al-Qur’an, Sunnah

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Hyder Gulam
Centre for Islamic Studies and Civilization Charles Sturt University NSW, Australia

Abstract

This paper is about the legal rules (ahkam-i shariah) in Maliki and Shafi schools, as compared with the Hanafi school of thought (or madhabs). This paper will define certain terms and briefly provide an overview of these schools of law (noting that there are four main Sunni schools of law). It should be noted that ahkam-i shar'iyaa falls within the generic rubric of fiqh. Fiqh deals with putting the Message of Islam into practice and involves both rulings about acts of worship which derive directly from Allah's revelation to His Prophet Muhammad (pbuh) in the book or the Sunnah. When the various schools appeared, they did not compel anyone to follow them should an individual not agree with one of their judgments. This paper will also posit that the differences amongst the schools is but an inherent mercy from God.

Article Details

Issue

Vol. 16 No. 1 (2016): Jurnal Ilmiah Islam Futura

Section

Artikel

Author Biography

Hyder Gulam, Centre for Islamic Studies and Civilization Charles Sturt University NSW, Australia

Hyder Gulam was born in Singapore and educated in Melbourne. He is a registered nurse, a qualified lawyer, an accredited mediator as well as a Fellow of the Royal College of Nursing in Australia. He has post graduate qualifications in business/management, law and nursing. He has served as an officer with the Royal Australian Air Force, both in Australia and overseas. He has published in areas such as trans-cultural nursing, Islamic law, health law, criminal law and military law. Hyder has also worked in indigenous health, paediatric nursing, aged care, as well as emergency and trauma. Prior to accepting a role back in Melbourne, Hyder worked in Riyadh, Saudi Arabia for one of the world's biggest law firms. Hyder has practiced mainly in the areas of Commercial & Corporate, Defence Procurement and Islamic Finance. Hyder is now an in-house legal counsel for a multinational based in Singapore. Formerly, he has practiced as a Human Rights Lawyer, working across a range of areas including discrimination and disability, and an in-house lawyer for large multinational luxury brand, based in Asia. Hyder is a past President of the Islamic Council of Victoria, former Vice President of the Australian Federation of Islamic Councils, former Director of MCCA Ltd (Australia's first Islamic Finance institution), Honorary Solicitor to the Australian National Imams Council, member of the Australian Red Cross (International Humanitarian Law)(Vic), member of the Royal College of Nursing Australia (Vic), as well as co-founder of the Muslim Legal Network (https://www.facebook.com/muslimlegal) and the City Circle (2008 Revival): http://citycircle.weebly.com/index.html In 2010, Hyder was appointed to the Expert Panel to the Australian Government's Board of Taxation review of Islamic Banking & Finance. Hyder is also an Honorary Associate in the School of Law within the Faculty of Law and Management, La Trobe University. Hyder is recipient of the 2010 La Trobe University Young Alumni Award, as well as the Australian Defence Force Medal, and in 2011 was nominated in the Top 100 most influential, inspirational, provocative and creative Melbournians. In 2013, Hyder was recognised as one of the Top 10 Muslims who save lives: http://www.huffingtonpost.com/engy-abdelkader/top-ten-list_b_3701579.html

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