Islamic Law summary from the Khulafa Rasyidin Period The Urgency of Khulafa/Khalifah: To replace the

position that was previously held by prophet Mohammad as a Leader of Nation/ Islamic clan.

The Legal Basic that enable the word Khalifah to be used and to support the urgency of its appearance:

The main duties of a Khalifah:- To maintain the unity of followers & defense

of the state- To maintain security and borderline of the

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- To declare a war- To inspect the justice and order- To organize the nation’s departments

to operate well according to Alquran- To pull taxes for the state’s source of

income- To solve disputes inter alia the society

and act as a just judge- To operate as “the executive” in the

trias politica system

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The inauguration/appointment of a Khalifah could be done either by the society’s consensus, or by the appointment of previous Khalifah, or by election that is held by electoral college.

There are 4 Khalifah in this period of Khulafa Rasyidin: Abu Bakar Siddiq , Umar bin Khatab, Usman, Ali bin Abitholib.

During Abu Bakar Siddiq period, he taught some important values to Islamic followers:- His inauguration speech : “ I’ve been chosen as your

Khalifah, the head of state, however, I’m not the greatest among all of you. Therefore, if I do the right and proper action, please follow and help me. Since, declaring the truth is a message, whereas covering the truth to the people is betrayal. Follow my directions as long as if those follow God’s & His Prophet’s will. If, my directions show otherwise, you shall have the right for disobedience, and I shall not demand your obedience.”

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- The 2nd nobility: His temper in solving the legal problems that arise in the society (legal finding process), at first, he found it from the Holy Quran, if there is none provision that regulates such problem, then He seek it from the Sunnah, if it remains unclear, then he asked advice from the People’s Assembly (now: Congress/Senate ) to gather their interpretation (itjihad) which is called ijmak.

- The 3rd nobility: The compilation of Quran to be systematically arranged and proved for authenticity.

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During Umar period, He made notable achievements, which are essential to Islamic development:- He spread and expand the teaching of Islam- He invented the Moslem Lunar calendar, called

Hijria- To accustom the habit of doing Shalat Tarawih

(prayer) during Ramadhan period- His skills of diplomacy for asking consent from the

Jews and Christians, although he is not required to do so

- He Reformed 4 points of human rights in Islam:

The third-degree-talaq that is mentioned by a husband to his wife, will bring consequences of a permanent divorce without the opportunity to reunite again. Such rule was mentioned to prevent the violation of woman’s right by inappropriate use of talaq rights on man’s side.

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Endowment (Zakat) for the new follower of Islam (muallaf) should be discontinued, since Islam was already strong at Umar’s period.

Abolition of hands mutilation as a sanction of pillage & robbery criminal actions. This is because at that time there was a great famine that threatened the life of citizens. And in the emergency period, imposing of such provision should be derogated /suspended.

The prohibition of marriage between the non-Muslim and the Muslims. This was done to protect the secret of the nation from being revealed to the hands of enemy (spies).

- He suggested that a Judge shall not refuse the case if such solvency can’t be found on the Quran or Sunnah, instead use the order of precedence from past Judge decisions . And both party in a dispute should have equal position before the law. And Judge decision must not against the Quran or Sunnah.

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After the Electoral committee has chose Usman as the new Khalifah, replacing the deceased Umar, the development of Islam start to slug, this is happened caused by the growing culture of corruption, collusion and nepotism (done by Usman’s family, by using the old Usman as a puppet leader). In this period, there is only sole

notable achievement: the Holy Quran standardization. Standardization was necessary to be done because Islam was spreaded across nations & hemisphere, thus may create different interpretations of the Quran & Sunnah mainly due to the distinction of cultures & background of ethnicity. The standardization is divided/systemized to 5 mushaf.

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At the tip of this period, Ali bin Abithalib was appointed by a group of noblemen. At this time Islamic unity was divided and havoc can’t be overhauled. The cause of separation is mainly caused by tension upon debate on who should be in charge of the nation. Then those who are faithful to Ali, become known as the Syiah, while the rest (the majority who follows the Quran & pure sunnah) become known as the Sunnis from that moment.