shariah, fiqh and majalla al ahkam al-adliyyah

GROUP ASSIGNMENT OF SHARIAH, FIQH AND MAJALLA AL-AHKAM AL-ADLIYYAH

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1.0 INTRODUCTION

Generally, Majallah Al- Ahkam Al-Adliyyah can be known as the civil code of the

Ottoman Empire which is in the time between late 19th and early 20th centuries. In

Arabic word Majallah Al- Ahkam Al-Adliyyah (مجلۀ احکام عدلیه) also means the Micelle

which can be transliterated as Mejelle, Majalla, Medjelle, and Megelle in Ottoman

Turkish. Actually, the existence of Majallah al- Ahkam al- Adliyyah (1293 Hijri) was

during the Sultan al- Ghari ( Sultan Abdul Aziz Khan al- Othman) in the time of 13th

century Hijri. According to the history, Majallah Al- Ahkam Al- Adliyyah is made from

the combination of Ashbah Wa Nazair (Ibn Nujaym) with the Mujammak al- Haqaiq

(Khadami ) and this type of book contain 99 of the legal maxim regarding with rules in

Islamic Fiqhiyyah. In short term, it can be interpret that, Majallah Al- Ahkam Al-

Adliyyah was the first attempt that had been used to codify a part of Shariah based law

of an Islamic state.

On top of that, the code was actually prepared by the commission that headed by

Ahmad Cevdet Pasha which is been issued in sixteen volumes that containing 1,851

type of article from the time of 1869 to 1876 and it been legally forced in the year of

1877. Moreover, its structure and approach was mostly influenced by the earlier

European codifications and it also cover most of the civil law areas and exempted

family law that remained as the domain of religious law. In detail, the substance of the

code was actually made based on the Hanafi legal traditions that relate with the official

status in the empire which actually put the code into European code form. However,

using the method of tahayyur of preference, it also incorporated other legal opinions

which considered more appropriate to the time, that also including from the non-

Hanafis.

Next, as the Mecelle or Majallah Al- Ahkam Al-Adliyyah was eventually applied

in the secular (nizamiye) courts as well as in the Sharia courts of the empire, Jews and

Christians were for the first time subjected to the Islamic law instead of applying their

own law but could now be called as witness in the court. Then, after World War 1

following by the dissolution of the Ottoman Empire, Majallah Al- Ahkam Al- Adliyyah

was remained lasting which had influenced in most of its successor states excepts

Egypt, where it was never in force. The Mecelle was remain long lasting in most of the


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places due the its effectiveness, coherent and also dislodge. For example, the states that

Majallah al- Ahkam-al-Adliyyah remain long lasting is, in Turkey until 1926, when it

replaced by the Turkish Civil Code, in Albania until 1928, in Lebanon which is until

1932, in Syria until 1949, in Iraq until 1953, in Cyprus until 1960s and in the British

Mandate for Palestine and later Israel formally until 1984, although at that time

individual laws had gradually superseded it during the mandate as well as in the 1960s

and 70s. Moreover, Majallah Al- Ahkam Al-Adliyyah also remains the basis of civil

law in Jordan and Kuwait. To be in more detail, Majallah Al- Ahkam Al-Adliyyah was

containing 16 types of book which is started from the book one until book 16. So, there

will be some discussion for the introduction about the contents of each book.

In the book one, it relate with the contract of the sale. In this book, it is containing

all the matters regarding with the basis of sale contract which is include chapter one

until seven. The articles in this book are started from 101 until 403. In book two, it

relates with the hire. For this book, it contains eight chapters. The articles for this book

are started from 404 until 611. In book three, it involve with the guarantee. The chapters

that included in this book are three chapters which are, the chapter one and two relate

with the contract of guarantee, and chapter three involve with the releasing from the

guarantee contract. All these three chapters are included the article from 612 until 672.

Next, in book four, it is relate with transfer of the debt. There are two chapters for this

book which is chapter one, the contract transfer of debt and chapter two, the effect of

contract for the debt transfer. The articles are continuing from 673 until 700.

In book five, it relate with pledges. There are four chapters in this book. The first

chapter is matters relate with pledge contract, second is pledgor and pledgee, third is

pledge, and lastly is fundamental rules relate with pledge. This book had included the

article from 701 until 761. For book six, it included with the trust and trusteeship. The

chapters involve in this book are three. First chapter are general, second is deposit for

safekeeping and thirds is property for lent use. The articles are started from 762 until

832. In book seven, it relates with gift. There are two chapters in this book which is

matters relate with gift contract and fundamentals of rule relates to gift. The articles for

this book are started from 833 until 880. In book eight, it contain wrongful and

appropriation and destruction. For this book, there are also two chapters which is the


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first one, wrongful appropriation and second are the destructions of property. In this

book, the articles are continuing from 881 until 940. For the book nine, it relates with

the interdiction, constraint and pre-emption. There are three chapters for this book

which the first is matters relate with interdiction, second is constraint and lastly is the

pre-emption. The articles for this book are started from the 941 until 1044.

In book 10, it involve with the joint ownership. Actually, there are eight chapters in

this book. In this book, the articles are continuing from 1045 until 1448. In book 11, it

containing about the agency and the numbers of chapters are three. Firstly, it relates

with fundamental basis and classifications of the agency, second chapter is conditions

attaching to agency and lastly is the essential element for agency. The articles for this

book are started from 1449 until 1530. Next, in book 12, it relates with the settlement

and release. The chapters containing in this book are four chapters. The first chapter is

conclusion of a contract of settlement and release, secondly is the consideration and

subject matter of settlement, thirdly is the subject matter of settlement and lastly is the

fundamental conditions governing settlement and release. For this book, the articles

continuing from year 1531 until year 1571. In the book 13, the matters are discussed

about the admissions. The chapters involve in this book are four chapters which is

firstly, the conditions governing admissions, secondly is the validity of an admission,

thirdly is the effect of an admissions and the lastly is the admissions in writing. For this

book, the articles are started from 1572 until 1612.

In book 14, it discussed about the actions and the numbers of chapters involve is

two only. Firstly is regarding with the conditions and fundamental rules relating to an

action and the defense thereto and secondly is regarding with the limitations. The

articles are takes places from 1613 until 1675. In book 15, is relates with the evidence

and administrations of oath. The chapters involve is chapter one until chapters four that

is, nature of evidence, documentary and presumptive evidence, administering the oath

and lastly, the preferred evidence and administrations of the oath to the both parties. For

this book, the articles are continuing from 1676 until 1783. In the last book, which is

book 16, it is discussed about the administrations of justice by the court. Through this

book, the chapters that involve is four chapters. The first chapter is relates with the

judges, second is the judgments, third is retrial and lastly is the arbitration. For this


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book, the article are continuing from 1784 and it end at 1851 article. So, throughout this

16 book, there are 1851 articles that containing in the books and also included with the

numbers of sections. Besides that, in this assignment there will be also some

discussions regarding with the distinctions between Shariah and Fiqh and also the

issues that relate with the codifications of the Islamic law.


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2.0 DIFFERENCES BETWEEN SHARIAH AND FIQH

2.1 Definition of Shariah

The word Shariah (الشريعة) was come from Arabic word of sharaa’ (الشرع) with the

literal meaning is “way to water”. However, technically, Shariah is a divine code in

human life which derived from the primary sources which are al-quran and sunnah.

Shariah refers to the value, legal rules and normative revealed principles from Allah

SWT to the Prophet Muhammad saw to guide humankinds from go astray. It is

based from what Allah SWT proclaims in the quran.

“When Allah SWT and His Messenger have decreed a matter, it is not for any

believing man or woman to have a choice in their affair. And whosoever disobeys

Allah SWT and His Messenger has gone astray into clear error”.

(Surah Al-Ahzaab, 33:36)

Shariah can be classified into two categories based to their objectives which

are mandatory law (taklifi) and declaratory law (wad’i) declaratory law. A

mandatory law (taklifi) can be divided into subcategories of obligatory,

recommended, permissible, reprehensible or prohibited and these all requires a

certain action whether to follow it or not and its define the man’s act. On the other

hand, declaratory laws (wad’i) also relate with the mandatory laws because it

indicates the component elements of mandatory laws such as legislative of

something to be as a cause of another thing or as a hindrance to it.

2.1.1 Categories Of Mandatory Law (Taklifi) In Shariah:-

a. Obligatory (Wajib)

It is conveys an imperative and binding demand which addressed to the

mukallaf and acting of wajib will be given a reward but omitting it will

leads to punishment in the world and hereafter. Besides, according to the

majority of ulama, they view that wajib and fard as synonymous by merge

wajib and fard into single category. However, Hanafi jurists divided both

wajb and fard into two different types with fard is stronger than wajib


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because its act established in the Quran and sunnah such as perform the

solah and fasting but for wajib, the command is established in a

speculative authority.

b. Recommended (Mandub/Sunat)

It denotes a demand to perform some act which not binding to the

mukallaf which means no punishment if not doing it but will be rewarded

if do it.

c. Permissible (Mubah)

For mubah, the Lawgiver has granted a choice of omission or commission

without blame or praise for it.

d. Reprehensible (Makruh)

It is demands to mukallaf to avoid something but not strictly prohibited

because committing it is not punishable however, omitting it is rewarded.

According to Hanafi jurists, it can be divided into two types, makruh

tahzini is for the things or act which are discouraged and rewarded if

leaving it but no punishment for engaging in it such as eating raw onion.

The second type is makruh tahrimi or condemned, which is near to haram

and extremely prohibited because entails moral blame. For example,

looking a body of strange woman with lush.

e. Prohibited (Haram)

It is a demand from Lawgiver in respect of abandoning something or

certain terms. Commiting the haram acts are punishable and omitting the

haram acts are rewarded. For example, drinking a wine and practicing a

riba.

2.1.2 Categories Of Declaratory Law (Wad’i) In Shariah:-

a. Cause (Sabab)

The Lawgiver identified it as an indicator which the present of it is

necessary for the present of hukm that will cause the present of effect or

musabbab and vice verse. It can be within the power of mukallaf such as


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entering into business contract or beyond the control of mukallaf such as

the arrival of prayer time.

b. Condition (Shart)

Its absence cause the absent of hukm but its present does not

automatically means the existence of the hukm.

c. Hindrance (Man’i )

It can be defined as the act or attribute by which the present either cause

the existence of hukm or nullifies the hukm. Example of existence the

hukm is haidh cause the woman can’t pray while the example of nullifies

the hukm is the indebtedness is no obligates to pay zakat.

d. Strict Law (‘Azimah)

It means conformation of intention besides opposed to concessionary /

flexible law (rukhsah). It is the original rulling of shariah and used for

ordinary situation such as prohibition of drinking wine.

e. Concessionary / flexible Law (Rukhsah)

It literally means easiness and simplicity. It is the exclusion rules which

permissible for excuses (uzur syar’i) or duress (dharurah) situations.

Example, eating unslaughtered animal to safe life.

f. Valid (Sahih)

It is the act which has consequences of shariah and opposed to null or

void (batil). The Lawgiver rules the mukallaf acts as valid if the mukallaf

fulfilled the conditions and pillars. Example, in muamalah contracts, the

contracting parties will imposed certain consequences among them.

g. Null/void (Batil)

Batil means the acts which cause no consequences on it. If the demand is

from the Lawgiver, such as performing the solah, he is still obligate to

repeat it if happen any invalidness on the solah, however, if the

invalidness is in muamalah contract, he will be no consequence of the act.


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2.2 Definition Of Fiqh

Fiqh in Arabic word means deep understanding or full comprehension. It is also

called as Islamic Jurispudence. However, refer to Natana J.Delongs-Bas (2004), it is

defined as “interpretation and elaboration of the Sharia. It is a purely human

endeavor rather than a divine directive”. A person who trained in fiqh known as

faqih or fuqaha (for plural).

In Islamic terms, fiqh is the ruling or judgements which derived from the

quran and sunnah besides from the consensus of ulama. It is used to create laws that

are not specifically state or mention by shariah. The muslim jurists develop other

methods which are ijma’ or unanimous consensus among jurists and qiyas or

analogical deduction as the ways to find solution of arising questions. These

concept can be easily described by using an analogy of a lawyer who derived a

knowledge from the law statute or law cases before rely it to his client.

2.2.1 The Schools of Fiqh

The schools of fiqh was exist because the differences of opinion among the

fuqaha about their own independent interpretations of quran and sunnah and

how the fundamental concepts are applied in fiqh problems. However, they are

not relate to the fundamental issues in shariah such as the number of rakaat in

solat fardh. Basically, their different opinions exhibit Islam as a flexible

religion to practice by Muslim.

The history records shown that there were nearly twenty schools in

Islam during the period of greatest Islamic laws took place however, only few

schools remain till today due to most of the schools are no longer followed

due to diminishing of their adherents. The following below are four sunni

schools which are still exist today:-


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a. Hanafi School

The founder was Abu Hanifah Nu’man Ibn Thabit Ibn Zatah who was

born in Kufah in the year 80 after Hijrah (AH). He was a textile

merchant besides also called as the Great Imam because of his expertise

to solve the legal fiqh problems.

b. Maliki School

The founder was Malik Ibn Anas Ibn Malik Ibn Abi Amir Al-Ashabi. He

was born in Madinah in 93 AH and dead in 179 AH. At the age of 17, he

was giving a lesson in fiqh after receives an education from Abd Al-

Rahman Hermez and Rabi’ah Ibn Abd Rahman. His well-known fiqh

and traditions book called Al- Muwatta’.

c. Shafie School

The founder of this school was Muhammad Bin Idris Ibn Al- ‘Abbas Ibn

‘Uthman Ibn Shafi’I Ibn Al-Saib. He was a Quraish tribe and born in

Gaza in the year 150 AH but died in Egypt in 204 AH. He was allowed

to give opinions at the age of 15 years old and had earlier been the

student of Imam Malik who studied Al-Muwatta’ under him. He wrote

several books named Ar-Risalah and Al-Umm.

d. Hambali School

The founder was Abu Abdillah Ibn Hanbal Ibn Asaad Al Shaybani Al-

Baghdadi and born in 164 AH in Baghdad. He was pupil of Imam Al-

Shafie for a time besides compiled a major work on traditions entitled

Musnad Al-Imam Ahmad.


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2.3 The Distinctions of Shariah and Fiqh

Even the shariah and fiqh were looked same which they are the way to guide us to

the right part of life, they both can be differentiate according to their characteristics.

The distinctions are important in order to get a proper understanding about the

nature of Islamic Laws so that one would be able to let out themselves from

confusion which always equating these two types as same things.

The first distinction is the divinity. Shariah was always been understood as

divine law or qanun Samawi which means it was revealed by Allah STW to guide

the humankinds from go astray. It is a whole divine law which related to the unseen

and supreme power that originated the law besides independent from will of man

who desires to change it. However, fiqh is not naturally divine at all because it is the

product of human understanding from their interpretation of primary sources such

as quran and sunnah. As we know, Muslim scholars ruled that cigarettes are

forbidden in Islam because smoking can bring harms to body and can cause death to

the smoker and the inhaler of cigarette’s smoke. Even the primary sources of

shariah were not mention directly about the banned of it, Islamic scholars come to

this rulling which is fiqh action based to the Quran, Surah An-Nisa, 4:29, means:

“O you who have believed, do not consume one another’s wealth unjustly but only

(in lawful) business by mutual consent. And do not kill yourselves. Indeed, Allah is

to you ever Merciful”.

The second distinctions is shariah is fixed, unchangeable and eternal

however, some components in the fiqh are subject to change according to situations,

time or circumstance such as if a new information arise besides only certain

components of fiqh are fixed. As discussed before, Shariah cannot be change

because it is divine law and there are no need for it to change because what revealed

by Allah SWT was already the best for humankind as explained in the quran, Surah

Al-Maidah, 5:58:-


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“And We have revealed to you, (O Muhammad Saw), the book in truth, confirming

that which preceded it of the Scripture and as a criterion over it. So judge between

them by what Allah has revealed and do not follow their inclinations away from

what has come to you of the truth. To each of you, we prescribed a law and a

method ”.

Whoever, the best example to illustrate about the fiqh, which is a subject to

change is the story during the Saidina Umar Ibn Al-Khattab Ra time who gave

many verdicts in many cases that different from the previous issued of similar cases

during Khalifah Abu Bakar Al-Siddiq Ra time. Basically, ijtihad of every person

may differ from others and may change because it is the product of their

interpretation from the Islamic primary sources. Regarding to different rullings by

Saidina Umar Ra, he said:

“That what we judged previously and this is what we have decided (in the present

case)”.

Besides, most part of shariah was in the general form while fiqh was more

likely to be specific and detail forms. In muamalah transactions, there are some

proves or evidences shown the general statements of shariah such as the prohibition

of riba, obligation of fulfill the obligations and recommendations of having

attestations and security or collateral. Refer from quran, surah Al- Jumu’ah, verse 9:

“O you who believe! When the call is proclaimed to pray on Friday (the Day of

Assembly), hasten earnestly to the Remembrance of Allah, and leave off business

(and traffic): That is best for you if ye but knew!”

From a gross reading, everyone wil understand that the shariah law here was

about the prohibition of trading during Jumaah prayer, but actually who are the

people that prohibited from this transaction? All humankinds including the non

Muslim and women? As from the fuqaha to give a best ruling about certain issues

were not taken in an easy way because it needs a huge effort and a deep

interpretation and explanation of shariah. For example Ustaz Nik Abdul Rahim


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(2010), explained that the transaction among the women or non Muslim will not

prohibited because they are not compulsory to perform the Jumaah solah.. It is

because Jumaah prayer will not compulsory for Muslim women, kaafir, a child,

traveler and slave. However, for the Muslim men who doing selling and buying

activities during the Jumaah prayer, even this acts were prohibited during Jumaah

prayer, but the transaction were not voidable.

The last distinction among both of them is shariah is the body of law itself

while for fiqh, it is only a part of shariah. A simple means is shariah comes from al-

quran and sunnah while fiqh comes from shariah. As from the explanations before,

Muslims are bound from the teaching of Prophet Muhammad saw which revealed

form Allah SWT to guide the humankinds achieving al-falah in the world and

hereafter. Moreover, all the shariah ordinances were formulated to every stages of

human’s social and intellectual developments. They were many prove as stated in

the quran and sunnah about this such as what stated in the quran, Surah Al-Jaziah,

45:18 means:

“Then We put you, (O Muhammad), on an ordained way concerning the matter (of

religion); so follow it and do not follow the inclinations of those who do not know”.

Besides, in the Musnad Ibn Hanbal stated that Prophet Muhammad Saw said:

“I have left among you something that if you adhere to, you shall never astray, the

two weighty things, and one is greater than the other, the Book of Allah SWT (Al-

Quran) which is an extended rope from the skies to the land, and my family whom

they are my household and they shall never separate until they come back to me at a

lake-fount (Kawthar)”.

However, fiqh is a part of shariah and regarding to specific rules and methodology

which derived from the analysis of fuqaha. The science and principles which follow

to its methods commonly called as usul al fiqh with the principle objective of usul

fiqh is to regulate ijtihad and guide the jurist to deduce a law from the Islamic

sources such as Al- Quran and sunnah. The second things of fiqh are the qawaid

fiqhiyah, which is the principle of Islamic jurisprudence. It was derived from the


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rules of Arabic language, from scholastic theology and from overall understanding

of rules of shariah and basically study of Islamic legal maxims such as “matters are

determined by intentions” and “certainty is not overcome by doubt”.

As a conclusion, there are many modern writers who have made keen efforts

to distinguish the actual concept between shariah and fiqh. These necessary

distinctions made between them help the human to recognize and understands

deeply between both of them. It is because, the recognition and understanding of

them are crucial to strengthening the knowledge of Islamic legal sources. At the

same time, we also cannot deny the shariah and fiqh are related and crucial aspects

in Islamic Law as both of them were not ignored the precious values of Quran and

Sunnah which are the primary sources in Islam even they are significant difference

in certain issues.


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3.0 THE REASONS AL-MAJALLA AL-AHKAM WAS WRITTEN AND THE

ISSUES THAT RELATED

The Majalla was the civil code of the Ottoman Empire in the late 19th and early 20th

centuries and was the first attempt to codify a part of the Sharia based law of Islamic

stated. It’s was written to covering most areas of civil law which remained a domain of

religious law. This code was based on the Hanafi legal tradition that enjoyed official

status in the Empire into European code-form. However, the Majalla was long-lasting in

most places since it was effective, coherent, and difficult to dislodge. The Majalla also

made to solve some of complexities and problem which that to show what concords in

it with Imam School.

In a new generation, which was the generation of Muhammad Baqer as-Sadr

and his Najaf companions, they have welcomed the literature which Kashif al-Ghita

permitted in his considerations of the 1940s. Specific legal perspective however, the

renewal of Islamic law required more than just opening the door to politics. The

conspicuous which straddled the legal tradition and the new worldly interest were

undertaken the real of public law but the effort was not limited to public law. However,

an Islamic state should conform to the tradition as a polemical work against the Sunnah

legal conception. A deeper and more interesting dimension of the new juristic interest in

Najaf appears in multi-volume treatise by Muhammad Husayn Kashif al-Ghita’ on civil

law, which is on that time it addressed in remarkable detail the technicalities of the most

influential civil code, Majallah al-Ahkam al-‘Adliyya.

The achievements of the early codification movement in the Middle East in

comparison to the historically indigenous law of Sharia is proves the claim that the

Ottoman and the Egyptian civil law codification models of 1878 and 1949 respectively

failed to furnish their legal systems with a jurisprudential substitute to alienated Sharia.

The reason for this failure, as the study proves, is attributed to the difference between

the legal goals of Sharia on the one hand and those of the Ottoman and the Egyptian

civil codes on the other.The goals of Sharia law were to identify al-hukm al-shar'iyy

(Allah's ruling) on any legislative issue. As the search from this ruling produced an

erratic pluralism, Sharia developed the theoretical study of usul al-fiqh which is


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methods for identifying Allah's ruling. On that time, the usul was successful in

introducing standards of legitimacy to help identify the recognized ruling from among a

pool of juristic decisions on every legislative case. The standards heeded the balance

between the religious and the temporal interests of the Muslim community. Eventually,

this balance was the means to curb the self-serving laws of the sovereign, introduced

into Sharia through the misuse of the maslaha (public interests) doctrine. According the

Ottoman Code, which is the Majelle was fulfilled the goal of secularizing Sharia law.

On top of that, the laws of the Mejelle were stripped of their moral and religious basis.

Before that, while the Mejelle was able to legalize religiously prohibited laws such as

those on usury, it deprived its laws from Sharia's usul jurisprudence. In addition of usul,

the Mejelle was unable to introduce new legislation through the application of the usul's

methods of ijtihad and takhrij.

According jurisprudential limitations, the Mejelle resorted to Ottoman decrees.

The decrees eventually proved detrimental to the Mejelle as they trumped any legal

debate leading to the creation of a Sharia-based Ottoman jurisprudence. The 1949

Egyptian Civil Code on the other hand was drafted to meet colonial demands for laws

compatible to the "modern" legislations of its times and to satisfy the rising nationalism

in Egypt. The Egyptian code was thus patterned on French civil law as an interpretation

of the term "modern." It also included some Sharia laws to appeal the religious

sensibilities of the Muslim Egyptian majority. The combination of such varying sources

of law compelled the code's drafters into recognizing of a hybrid Egyptian

jurisprudence. None of the parties engaged in the application and the enforcement of the

code identified with this hybrid source of law; the Egyptian judiciary sought French law

solutions to legal problems, the public demanded the enforcement of Sharia's moral

laws and the executive enforced an anti-rich socialist interpretation of the Egyptian law.

Consequently, the new jurisprudence failed to foster an independent source of law

among the judiciary, to replace Sharia for the Egyptian Muslim community or to hold

back the interventionism of its executive.

The scholars have repeatedly emphasizing that the advent of Islam and the

subsequent spread of Islamic learning in the Malay world have brought about a major


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cultural transformation in the region. Professor Muhammad Naquib al- 'Attas explains

that Islamization in the Malay Archipelago underwent three stages, firstly the stage of

nominal conversion [1200-1400], secondly the stage of conversion of the spirit

resulting in the influence of philosophical mysticism [1400-1700] and thirdly

continuation and accomplishment of the second stage coinciding with the coming of the

West. Such an experience had resulted in "revolutionizing the Malay-Indonesian world-

view, turning it away from a crumbling world of mythology to the world of intelligence,

reason and order".

Prof. al-' Attas further said:

“The coming of Islam seen from the perspective of modern times that is, seen from the

perspective of our present time when we can look back into the effects of historical

processes which are found to have radically changed the lives and worlds of men, and

discern this causes and specific and general influences, was the most momentous event

in the history of the Archipelago"

The influence of Ottoman Empire throughout the nineteenth century was

immensein all Muslim countries except Egypt. The Majallah was applied as civil law in

Ottoman domains and thus was applicable civil law in Jordan, Syria, Iraq and Kuwait.

Despite Kuwait's rejection to the Majallah to fill the vacuum of the cessation of British

Extraterritorial Jurisdiction in 1950s infavour of occidental codes, the trend was

reversed in 1976 Jordanian Civil Code and 1985 UAE code which owe overwhelmingly

to provisions of fiqh conveniently the Majallah. Malaya is not an exception of the

universal appeal of the Majallah. Ahmad Ibrahim, a leading authority on Malaysian

law, highlighted that in Johore at the beginning of the twentieth century, the

modification of the Islamic law which were made in Turkey and Egypt were translated

and adopted. This paper does not wish to exaggerate the extent of Majallah's influence

on Malaya as a whole and the state of Johore in particular. There has been no

conclusive proof of its real impact but it cannot be equally ruled out. What is available

were fragmante devidences which would shed some light if there were accumulated.

One of the important evidence is a Malay translation of the Majallah in early twentieth


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century, which could be the basis of such an inquiry. The translation has been adapted

in to as Majallah Ahkam Johore.

As far as the development of Islamic law is concerned, this phase is full of

debate on the question of ijtihad and taqlid as well as the issue of "presenting Islamic

law in its new garment" (al-fiqh al-Islaml fi thawbih al-jadid). As codification of

Islamic law has become a trend and the Majallah is considered the model, its adoption

is necessary and timely. The comprehensiveness of the compilation and the absence of a

similar compilation based on Shafi'i school made the Majallah willingly accepted.

There are even evidence to suggest that in 1923 Bailie's Digest of Muhammedan Law

which is Hanafi based was accepted by the Legislative Council of the Straits Settlement

as main reference on Islamic law beside the English translation of the Qur'an, Howard's

translation of Minhaj al-Talibln by Imam al- Nawawi and SyedArnie Ali's

Muhammedan Law.

The emergence of Islamic reformist (islah) at the beginning of the twentieth

century has beginning to question about the socioeconomic backwardness and religious

conservatism of traditional Malay society. This is a result of the powerful influence of

revivalist and reformist ideas of al-Afghani and 'Abduh brought back to Malaya by

several religious scholars who studied there. Unfortunately, the Majallah was short-

lived. It only survived until about 1914.The development of Islamic legal thoughts in

Malaya was enriched not only with the massive influence of Islamic heritage from the

Middle East but also with the imposition of Western culture. The Majallah, after all,

had a similar experience. This has called for an intensive study of the sciences of

Islamic legal tradition fiqh, usul alfiqh and qawa'id fiqhiyyah as well as the study of

comparative jurisprudence. This is why in Malaysia the comparative approach in legal

education has become a trend.


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4.0 COMPARISON OF SEVERAL MUSLIM COUNTRIES AFTER FREEDOM

Some Islamic country did not use Islamic law as their basic to develop their own

country. They rather use western law that basically made by human based on their

experience, logic and by the leader order. The other law concepts regardless of whether

they are according with a Muslim community and the spirit of Islam itself. Since the

adoption of the Anglo-Muhammaden Legal System and Legal System Franch-

Muhammaden is used together with some parts of Islamic law that is still remaining in

force before independence it gives rise to many problems. There are three situations out

there that we can conclude:

i. Countries that adopt Islamic law in full without any changes and its not

codified in either family or criminal field.

ii. State law found Syariah altered by changes in modern law inherited from

Western colonialism they term changes as the Law Reform.

iii. State that did not accept Law Syariah and take modern law instead without

regard to the needs religion and the Muslim community.

The country that still use the originally Shariah law without a changes is Arab Saudi

and country that did not use Shariah law is Turki. Mostly the other Islamic country use

Shariah law but still changes it in modern law.

4.1 The Reasons Its Happens

4.1.1 Countries That Make Reform Act The Restricted

After the World War Two the Islamic countries got their freedom, they

trying to aligning and update the legislation without change the existing

legal structure adopted in the colonial era. Enacted laws that are either based

on a certain sects or take a particular view of the sects and take the opinion

of other sects, sects are venerated.

Malaysian also include in this Law Reform. Reform that happens

largely involved personal law and family law such as marriage, inheritance,

wills and endowments, as well as laws relating to offenses Islamic morality

and religion. Reforms conducted more to take the principles and laws used


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by some sects, sects and formulated in the form of acts and enactments as

practiced in Western countries. As an example, provision of divorce granted

to the husband must be with certain legal conditions, so as not to be abused

as the divorce right granted to the husband.

4.1.2 Countries Makes Reform Act Completely

The countries that change to Reform Law completely are Pakistan and

Sudan.

Pakistan from 1947 to 1979 has been implementing the Criminal

Law of India in 1860, which has been renamed to the Criminal Law in

Pakistan (Pakistan Penal Code), and the Criminal Procedure Act of India

1898 to the Criminal Procedure Law in Pakistan (Pakistan Criminal

Procedure code). Both laws have been adopted, and made a change from

time to time to meet the local needs, but the principles and structure of the

Criminal Law of the original remains unchanged.

When President Zia-ul-Haq leads Pakistan government, he was

seriously on the implementation of Law Syariah in Pakistan. Then directed

to the Criminal Law enacted based on the principles of the Qur'an relating to

hudud, takzir, Qisas and Diyat.

In the legal field, the British government took legal practice in India

to Sudan. Legislation made in 1983, is intended to make Islamic law in full

as national law. Sudan seems to be taking a drastic approach, where all kinds

of laws have been enacted and enforced entirely back in a short time.


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5.0 THE HISTORICAL DEVELOPMENT OF THE DISCIPLINE

During the era of the Sahabah and tabi’in, the rules of the Syariah were taken directly

from the book of Allah and the sunah of Allah’s messenger. The only legislative source

document that Allah’s messenger ordered be written was the Quran. He gave no official

instructions to his Companions who were allowed to record certain hadis on specific

occasions. In addition, certain Companions took individual initiative to record hadis for

their personal edification. This state of affairs continued through the era of Rightly

Guided Caliphs, except that further pains were taken to ensure the preservation of the

Quran. To this end, Abu Bakar had the scattered written pages brought together and

from them had one copy made. Uthman ibn Affan ordered the process to be repeated

and had an official copy of the Quran, along with an expert recite, sent to each of the

major urban centres of the Muslim lands.

Scholars consider the beginning of the organised recording of the Prophet’s

Sunah to be the command of Umar ibn Abd al-Aziz to Abu Bakar ibn Hazm to compile

and write down hadis. As for the recording to al-Dhahabi, until the year 143 AH. In

discussing the events of that year, he said:

“In this period, the scholars of Islam began to write down hadis, fiqh and tafsir. Ibn

Jurayj wrote in Makkah, Ibn Abi Urubah, Hammad ibn Salamah and others wrote in

Basrah, al-Awza’I wrote in Syria. Writings proliferated and the disciplines and their

subdivisions emerged. Books were written on the Arabic language, history and

chronicles. Before this era, the leading scholars would speak from memory or from

authentic (loose) sheets in no particular order. Then acquiring knowledge became easy

praise be to Allah while the role of memorisation decreased. And whole affair belongs

to Allah. ”

The branches of Islamic knowledge began as scattered comments and

discussions throughout the books of tafsir, hadis and biographies of the Prophet ; then

they developed into independent books; further refinement led to the organisation of

such works by chapters and topics. Fiqh is considered one of the most famous and

largest branches of Islamic knowledge and one of the first to become an independently

organised discipline. It developed in the shade of the Quran and the Sunah, then gave


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birth to other fields of study, including qawa’id fiqhiyyah. Although qawa’id fiqhiyyah

developed as an offshoot of fiqh, it had a major role in the further development and

flowering of fiqh itself and facilitated referral to it.

As for the development of legal maxims, many researchers take the view that

they developed from the very beginning of Islam. One finds, for instance, that the

Quran itself is full of aphorisms such as:

"ال يكلف اللة نفسا اال وسعها"

“Allah does not burden any soul with more than it can bear”

Likewise, Allah’s messenger was given the ability to express comprehensive

meanings concisely, a capacity known as ‘jawami al-kalim’. For example, his

statements:

"إنما األعمال بالنیات"

“Actions are only (accurately assessed in light of) intentions”

ISRA (2013) stated that “The meaning of comprehensive is that it governs all

the members of the set to which it applies. The qualification excluded matters that

govern only a portion and judgments apply only to some of the members of a set

cannot be called qawaid”.

However, with regard to the compilation and recording of Qawa’id Fiqhiyyah,

Al-Suyuti and other scholars mention that the first person to systematically identify

maxims as organizing themes of the law was the fourth-century Hanafi judge Abu

Tahir Muhammad ibn Muhammad al-Dabbas, who identified seventeen maxims to

which all the Hanafi rulings could be referred.

The first person to actually compile legal maxims in written form was his

contemporary Abu al-Hasan al-Karkhi (d. 334 AH/945 CE), who made a considerable

addition to the list, indentifying thirty-nine maxims in his work Risalah fi Al-Usul

Allati Alayha Madar Al-Furu’ Al-Hanafiyyah, (more commonly known as Usul al-

Karkhi). In the fifth century AH, Abu Zayd ibn Umar al-Dabbusi (d. 430 AH/1039


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CE) elaborated eighty-six maxims in his book Ta’sis al-Nazar. The contents of those

works were not confined to qawa’id fiqhiyyah; rather, they embraced other subjects of

jurisprudence such as furuq and qawa’id usuliyyah.

A limited number of books were written about qawa’id fiqhiyyah in the fourth

and fifth centuries AH. The trailblazers in this process were Hanafi jurists. By the

seventh century AH, jurists from other schools began producing notable works on

qawa’id fiqhiyyah. One of the most prominent and important works from this era is

qawa’id al-Ahkam fi Masalih al-Anam by the Shafi;I scholar al-Izz ibn ‘Abd al-Salam

(660 AH). It is a work that focuses on the qawa’id and categorization and highlights

the objectives of the Shari’ah and the benefits that its laws are designed to secure.

Another major work was that of his student Ahmad ibn Idris al-Qarafi, a Maliki

scholar (d. 684 AH). He titled the book Anwar al-Buruq fi Anwa al-Furuq and

discussed 548 qawa’id fiqhiyyah in it even though it is not specifically on that topic.

Authorship on the topic of qawa’id fiqhiyyah really blossomed in the eighth

century, which was market by the appearance of a number of works titled al-Ashbah

wa al-Naza’ir. The first to compose a book with that title was the Shafi’I scholar Ibn

al-Wakil (d. 716 AH). Others who used the same the same title after him were Ibn Al-

Subki, Ibn Nujaym and Al-Suyuti. Among the most famous works of that century are:

i. Al-Qawa’id al-Nuraniyyah by Ibn Taymiyyah (d. 728 AH)

ii. Al-Qawa’id by the Maliki scholar Muhammad ibn Muhammad al-Muqri

iii. Al- Majmu’ al-Mudhhab fi Qawa’id al-Mudhhab by the Syafi’I scholar Al-

‘Alla’I (d. 794 AH).

iv. Taqrir al-Qawa’id wa Tahrir al-Fawa’id by the Hambali scholar Ibn Rajab (d.

795).

Based from Mohamad Akram Laldin (2013) “Works on qawa’id fiqhiyyah

continued to be composed in the succeeding centuries, and they are still being written

today”.


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5.1 The Reasons Al-Majalla Al Ahkam was Written During That Time

In the 19th century, two civilizations clashed in the world, the Islamic civilization

and Western civilization. This clash has great meaning to the Islamic law.

However, Islamic law is still in place appropriate government of the ‘Ottoman

Turks in the mid-19th century.

The legislative history of Turkey was before the codification of Majallah Al-

Ahkam Al-'Adliyyah. Based on the study of Islamic law during the reign of the

'Ottoman Islamic rule and later, found the Islamic legal system since the mid-19th

century are still not yet an accepted systems in all fields of law, but the legal

system of human invention, the West began to take legal where almost the entire

field of legislation. This is consistent with what is described by Farhet J.Zaideh

saying that the declaration (Decrees) Royal Hatti Sherrif on November 3, 1839

was not fully implemented. Therefore, after the war Creimean in 1853-1856,

European powers have urged the government "to implement Ottoman reforms

more effective. Finally, declaration or Decrees 1856 Hatti Humayum was done.

With this declaration then many changes have been made.

These measures resulted in the affected areas of Islamic law. It covers the

areas of constitutional, criminal and civil. Furthermore, before the law applicable

to the European people in the Middle East is the law of their own. This

accelerated the adoption of Western legal system in Turkey.

In 1850, "The Commercial Code" was enacted based upon the "French

Commercial Code" . After that, in 1858, "Land Code" is enforced. Criminal law is

also amended to make "Criminal Code" copied from "French Code" and modified

by Italian law. Punishment had eliminated unless penalties on people who are

offended are still maintained. Followed by the implementation of the "Code of

Commercial Procedure" in 1853, where both are based on French law. To

facilitate the further course of the legal system, the court system is also modified

so-called "Nizammiya".


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Legal codification especially in commercial and criminal law, which was

part of the comprehensive Ottoman modernizing reforms that started in the second

half of the 19th century, was a reflection of the political-historical conditions of

the Ottoman Empire. The upsurge in trade with European countries as a result of

new economic developments increased the need for codification in some areas

covered by civil law; direct and indirect demands by European powers also

created an important motive for codification in these areas. The reason for this

was that European states sought security for both non-Muslim citizens of the

empire and for European traders in their commercial transactions with the empire.

Furthermore, France tried to impose the French civil code in order to increase its

influence on the Ottoman Empire.

In addition, new regulations in juridical institutions, including the founding

of the civil (Nizamiye) courts as well as the Sharia courts, which created the need

for a law that could be applied to non-Muslims as well as to Muslims, led to a

debate on whether to adopt the French civil code or to make an original law based

on Islamic jurisprudence, or fiqh. The Ottoman Council of Ministers eventually

opted for the latter and decided to form a committee chaired by the minister of

justice,Ahmed Cevdet Pasha (1823–95), to codify the relevant rules of Islamic law

(Empire, 2009).

Development of Islamic jurisprudence does not end just like that. At the end

of the 19th century back light shone ijtihad, during the reign of the 'Ottoman

Empire under the reign of Sultan Mahmud II. The cleric was assigned to organize

a law relating to property law and the judiciary. To maintain the restructuring laws

or the "Civil Code" that some scholars were appointed for the purpose of creating

a committee. It consists of seven scholars chaired by Ahmad Pasha Jewdat as

Legal Director of the Bureau.

Other scholars have made of Al-Sayid Khalil, Saif al-Din, Al-Sayid Ahmad

Khalusi, Al-Sayid Ahmad Hilmi, Mohd Amin Al-Jundi and ‘Ala’ al-Din bin

Mohammad Amin ‘Abidin.


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Arrangements made in 1869 M / 1286H are intended to accommodate the

opinions of the jurists' in relation to the field of civil law. Works to codify civil

law takes seven years and was completed in 1876M / 1292H. Basically this law is

based on the Hanafi School. This code was later confirmed by Sultan Mahmud II

and was named "Magazine of al-Ahkam al-'Adliyyah". Law in the whole

magazine is taken from the book "Al-Zahir Riwayah", but arranged in legal

writing west, which contains a total of 1,851 maddah or things. It is not a matter

surprising because Turkey has long been influenced by Western elements.

Although the Majallah al-ahkam al 'Adliyyah is a principle of law reform

movement (Tanzimat) in 1839 but it is still there based on the principle of the

Hanafi school of Islamic jurisprudence and local customs. This Majallah is a form

of modern law code that has been divided into a number of books, chapters and

clauses in which it is contained general provisions such as the law of contract and

the law of evidence. Once the Majallah is completed in 1876M, it was enacted as

a law official. Although, in essence this law based on the Hanafi schools, but then

it began to be penetrated by other sects unless there is some use of Ibn Syubramah

of necessity or to make do with buying and selling signals.

Of an empire 'Ottomans, Turkey was turned into a republic when he

dominated and led by Mustafa Kamal Attartuk in 1927, he has set aside Majallah

is the only Islamic law and replace it with legislation codified Switzerland "Swiss

Civil Code" begins in 1927.

His reign also change other laws that based on the law of Italy and Germany.

However, the Majallah is still used in part in Jordan, Labenon and several other

countries in West Asia.

From here found the Turkish government is the government that is always

concerned about the legislation. This can clearly be seen from the efforts

underway to codify the laws of Islam into the Majallah and also the taking of

Western legal systems interchangeably.


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Majallah al-Ahkam al-'Adliyyah Turkish law is used during the reign of the

'Ottoman Empire. It was drafted and published in Arabic for the use and guidance

of the judges in resolving problems or civil cases in Turkey. It is a form of

modern law code that has been divided into a number of books, chapters and

things. However, the contents are still based on Islamic law based on the Hanafi

school. General provisions therein including contract law, regulations and events

the law of evidence. (BORHAM, 2002)


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6.0 CONCLUSION

In short, through out of this assignment, for the disctinctions between Shariah and Fiqh,

there are no doubt that there are exist some of the differences between Shariah and

Fiqh that can be discover.

Due to that, even the shariah and fiqh were looked same which they are the way to

guide us to the right part of life, they both can be differentiate according to their

characteristics. The distinctions are important in order to get a proper understanding

about the nature of Islamic Laws so that one would be able to let out themselves from

confusion which always equating these two types as same things. Moreover, due the

differences between Shariah and Fiqh,there are many modern writers who have made

keen efforts to distinguish the actual concept between shariah and fiqh.These necessary

distinctions made between them help the human to recognize and understands deeply

between both of them. It is because, the recognition and understanding of them are

crucial to strengthening the knowledge of Islamic legal sources.

At the same time, we also cannot deny the shariah and fiqh are related and crucial

aspects in Islamic Law as both of them were not ignored the precious values of Quran

and Sunnah which are the primary sources in Islam even they are significant difference

in certain issues. Besides that, many contemporary interpretations of the Shariah tend to

reflect ideological visions of the social order that should result from the applications of

Shariah. In these interpretations of Shariah does not function only as a criterian for legal

for the legal validity or permissibility and ethical of human character act but as a

blueprint for the perfect of ordering of all social relations and the solution to the

problems of achieving social harmony and justice. On top of that, the adaption of law

according to time and circumstances is necessitate by the changes in the society and the

influx various culture and materials conditions. As the religion spread and the borders

of Muslim lands expanded, all of the different civilization, each with their own code

law, traditions and cultures, had to be incorporated into Islamic polity. This was not

achieved overnight and took great foresight on the part of Muslim Jurist, being most

elegantly brought out in the development of Fiqh, the jurist law.

A part from that, when adopting the modern courts and codification of laws, no

enough attention was paid to whether these legal developments that took place outside


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the Ottoman Empire and which reflected Western cultural traditions and conventions

will fit the eastern culture. Based on the study of Islamic law during the reign of the

'Ottoman Islamic rule and later, found the Islamic legal system since the mid-19th

century are still not yet an accepted systems in all fields of law, but the legal system of

human invention, the West began to take legal where almost the entire field of

legislation. This is consistent with what is described by Farhet J.Zaideh saying that

“The declaration (Decrees) Royal Hatti Sherrif on November 3, 1839 was not fully

implemented. Therefore, after the war Creimean in 1853-1856, European powers have

urged the government to implement an Ottoman reforms more effective”.

Finally declaration or Decrees 1856 Hatti Humayum done and through out of this

declaration many changes have been made. Moreover, Majallah al-Ahkam al-'Adliyyah

Turkish law is used during the reign of the 'Ottoman Empire. It was drafted and

published in Arabic for the use and guidance of the judges in resolving problems or

civil cases in Turkey. It is a form of modern law code that has been divided into a

number of books, chapters and things. However, the contents are still based on Islamic

law based on the Hanafi schools. General provisions therein including contract law,

regulations and events the law of evidence.

To be concluded, it is importance for us to know the differences between the

Shariah and Fiqh and know the issues that related with codifications of law that have

been a reasons for the Muslim Scholars often mistaken about the issues that raises in

Islamic rule.


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7.0 REFERRENCES

7.1 Book

Al -Quran, Surah An-Nisa, 4: 29, Surah Al-Maidah, 5: 58, Surah Al-Ahzaab, 33:36,

Surah Al-Jaziah, 45:18 & Surah Al- Jumu’ah, 62: 9

Abdul Majid M. Mackeen. (1969). Contemporary islamic legal organization in

Malaya, New Haven: Yale University Southeast Asia Studies, pg. 9.

Natana J.Delongs-Bas. (2004). Wahhabi Islam, from revival and reform to global

jihad. New York: Oxford University Press, pg 133.

Coulson. N, J. (2011). A history of Islamic law. Aldine Haven: Yale University

Southeast Asia Studies, pg 9.

Khaled Abou El-Fadl. (2011). The jurisprudential in Islamic Law. University of

California, pg.317

Syeikh Yusuf Bin Ismail An-Nanhani. (June 2013). Ringkasan ridyadhus shalihin

Imam An-Nawawi. Kuala Lumpur: Telaga Biru Sdn Bhd. pg 268-270.

Thomas Banchoff. (2007). Democracy and the New Religious Pluralism. New

York: Oxford University Press. pg 146 & 147.

Borham, A. J. (2002). Majalah ahkam Johor: Latar belakang, pelaksanaan, dan

komentar. Kuala Lumpur: Penerbit UTM.

Farrukh B. Hakeem, M.R. Haberfeld & Arvind Verma. (2012). Policing Muslim

Communities: Comparative International Context, New York: Springer

Heidelberg Dordrecht London, pg 55

Mohamad Akram Laldin, Said Bouheraoua, Riaz Ansary, Mohamed Fairooz Abdul

Khir, Mohammad Mahmubi Ali & Madaa Minjid Mustafa. (2013). Islamic

legal maxims & their applications in Islamic finance, Kuala Lumpur: ISRA,

pg xiv, xv, x & 168


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Profesor Luk Bouckaert & Profesor Laszlo Zsolnai. (2011). The palgrave handbook

of Spirituality and business. New York: Palgrave Macmillan. pg 139.

Dr. Jason Beckett. The Codification of Muslim personal status laws: A blessing or a

curse?

Empire, E. o. (2009, october 19). Encyclopedia of the Ottoman empire. New York.

7.2 Internet

Feminijtihad. (2011, August 8). Distinction between Shari’ah and Fiqh, Retrieved

at 3.53pm, 20 September 2014 from

http://feminijtihad.com/2011/08/08/distinction-between-shariah-and-fiqh/

Islamic Books : Majallah al- Ahkam al- Adliyyah. Retrieved at 5.00p.m, 16 October

2014, from http://www.slideshare.net/IslamicBooks/al-majalla-al-ahkam-al-

adaliyyah-8717596

Law base : Majallah al- ahkam al- adliyyah. Retrieved at 4.00p.m, 16 October

2014, from,http://www.iium.edu.my/deed/lawbase/al_majalle/

Muttaqi Ismail. (2012, March 5). Shariah and Fiqh. Do You Know the Difference?

Retrieved at 3.40pm, 20 September 2014 from

http://islamiclearningmaterials.com/shariah-fiqh/

Nabil Mujahhid. (2010, August 13). Hukum Berjual beli pada hari Jumaat petikan

artikel Majalah Solusi oleh Us Nik Ab Rahim UKM, Retrieved at 8.39 am,

21September2014from

http://huffazpengubahdunia.blogspot.com/2010/08/hukum-berjual-beli-

pada-hari-jumaat.html

Prof. Madya Dr. Abdul Halim El-Muhammady. (2013). Minda madani from

http://www.mindamadani.my/isu-semasa/item/8-undang-undang-islam-

perbandingan-dan-penelitian-di-beberapa-negara-islam-selepas-

merdeka.html

http://feminijtihad.com/2011/08/08/distinction-between-shariah-and-fiqh/

http://www.slideshare.net/IslamicBooks/al-majalla-al-ahkam-al-adaliyyah-8717596

http://www.slideshare.net/IslamicBooks/al-majalla-al-ahkam-al-adaliyyah-8717596

http://www.iium.edu.my/deed/lawbase/al_majalle/

http://islamiclearningmaterials.com/shariah-fiqh/

http://huffazpengubahdunia.blogspot.com/2010/08/hukum-berjual-beli-pada-hari-jumaat.html

http://huffazpengubahdunia.blogspot.com/2010/08/hukum-berjual-beli-pada-hari-jumaat.html

http://www.mindamadani.my/isu-semasa/item/8-undang-undang-islam-perbandingan-dan-penelitian-di-beberapa-negara-islam-selepas-merdeka.html




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Revitising The Salaf. (2013, 13 January). The two precious things. Retrieved at

10.15am, 21 September 2014 from

http://www.revisitingthesalaf.org/2013_01_01_archive.html

Rhonda Roumani. (2012, November 12). What is Shari’a? What is Fiqh? And how

do they fix together? Retrieved at 3.43pm, 20 September 2014 from

http://www.islawmix.org/what-is-sharia-what-is-fiqh-and-how-do-they-fit-

together/

Usul Fiqh: Similarities and Differences Between Syariah and Fiqh. Retrieved at

3.50pm, 20 September 2014 from

http://www.slideshare.net/MunirahNajmah/similarities-different-between-

sharia-fiqh

What Is Shariah? Major sources and example of Islamic law. Retrieved at 3.53pm,

20 September 2014 from

http://www.islamproject.org/education/D01_IslamicLaw.htm

Wikipidea : Definition of Majallah al- ahkam al- adliyyah. Retrieved at 3.30p.m,

16 October 2014, from http://en.wikipedia.org/wiki/Mecelle

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2014,from

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Law).pdf


http://www.islawmix.org/what-is-sharia-what-is-fiqh-and-how-do-they-fit-together/

http://www.islawmix.org/what-is-sharia-what-is-fiqh-and-how-do-they-fit-together/

http://www.slideshare.net/MunirahNajmah/similarities-different-between-sharia-fiqh

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http://legal.pipa.ps/files/server/ENG%20Ottoman%20Majalle%20(Civil%20Law).pdf


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8.0 APPENDIX

Hadith about wasiyyah of Prophet Muhammad Saw to the all muslims taken from



shariah, fiqh and majalla al ahkam al-adliyyah

Law

existence of majallah

islamic law

civil law areas

basis of civil law

turkish civil code

ottoman empire

exempted family law

domain of religious