It aims to introduce the subject theoretically and practically. For the former, it introduces the principal abstract areas relating to the discipline: namely, definition, functions, types, sources, relationship with other disciplines of Islamic legal thought. The discussion mostly contains the examples that jurists have adduced in the course of history. In some cases, however, examples of contemporary issues have also been added. The main focus is to show the significance of qawaid in categorizing the scattered and, sometimes, unmanageable fiqh cases into general principles. He lost both his parents when he was a child.
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For example, participate in some celebration in temples or churches, wearing other religions kinds of clothes and wearing their special symbol. To investigate this issue, the Islamic legal maxims used by referring to the noble Quran and as-Sunnah. The result from this research shows that these legal maxims can be used in classifying any kind of imitation practices of Muslims to non-Muslims in Malaysia whether it is permissible or prohibited to be practiced by Muslims.
Keywords: jurisprudential or legal maxims, al-Tasyabbuh imitation , festival ceremony, diverse society. This is due to the existence of different races, cultures, languages and religions in this country. Each of these races have their own thought and beliefs of their own religion. According to the statistics from the Department of Malaysia Statistics in , Islam is the most practicable religion by Malaysian with a total of It is one of the methods to know more about other religion and by that the level of sensitivity can be increased especially in avoiding conflict and misunderstanding among each other.
Some of the efforts that can be done or practiced are for example organize open houses at national level, celebrate the festival with different religion and make dialogues among religions. These kinds of programs already been practiced across the religion border and cultural tradition and it is also practiced by leaders and as well as publics in Malaysia. Department of Statistic Malaysia. Interaksi Antara Tamadun. Universiti Malaya: Penerbit Universiti Malaya.
This issue also evolved by the changing of era. For example, before Independence, al-tasyabbuh were linked to marriage customs such as majlis berinai henna event and bersanding sit next to each other which were copied from Hindu community and after Independence, the young generations are more interested to Western culture like dressing in Western clothes and choose that culture as their lifestyle.
Issues that I want to raise up in this writing are Muslims community nowadays does not feel any guilt in celebrating other religion festival but they are proud by doing that. This kind of scenario really give a positive impact toward the nation unity but from another side it also give a negative effect especially to Muslims itself in term of their faith and belief toward Islamic religion because this kind of scenario may lead Muslims toward religion pluralism.
Therefore, scholars have established a special method known as Qawaid Fiqhiyyah legal maxims to evaluate such practices. Qawaid Fiqhiyyah or known as legal maxims in our language are one of the methods to determine hukm jurisprudence in fiqh discipline.
It is a simple thought or opinion and good conclusion in legal maxims 3 Osman Bakar. Tamadun Islam dan Tamadun Asia. Muhammad Bakr Ismail, Kaherah: Dar al-Manar. Istanbul: Al-Maktabah Al-Islamiyyah. Usul Fiqh al-Islami. Iskandariah: Muassasah Saqofah al-Jamiiyah. It also been called as syibh, syabah and syabih. Pengantar Hukum Islam.
Jakarta: Bulan Bintang. Qaidah-Qaidah Fiqh. Bulan Bintang. Beirut: Dar al-Jalil. Lisan al-Arab. So, al- Tasyabbuh is a word about action that we want to do or act. The word burden shows the meaning of desires and intention. By that, any of unintentionally actions are not involve in this matter such as a man imitate a woman in his action and voice because it was his habit not because of his desire or intention to do so.
Following desire cannot lead to good benefit but lead to some of disadvantages. Muslims has been commanded to follow Islamic rules and cannot follow kufr disbelievers lust. Mecca: Jamiah Umm al-Qura. Al-Baqarah Meaning: And never will the Jews or the Christians approve of you until you follow their religion.
Therefore, Allah SWT forbids us from following their lust and desires. Amman: Dar al-Bashir. Riyadh: Dar Isbiliya. Al-Maidah 5: Al-Jathiya Meaning: 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. Islamic religion is syariat that have been given to Prophet Muhammad and we have been commanded to follow it. Allah prohibits Muslims from following the lust of people who does not have any knowledge.
Every people who refuse to accept the syariat of Allah surely are including people who do not know anything. Imitate kufr disbelievers means that follow everything that are adored by their lust or desire.
So, no wonder if non-Muslims are very happy with the resemblance of Muslims in every of their practices even though they need to fund the large scale of money just to achieve their dream.
This is because following their lust means that Muslims are agree to follow non-Muslims practices including in religion matter. Following non-Muslims is including as imitating them. This is because imitate them means follow 19 Al-Quran. Riyad: Dar Isbiliya. The disbelievers will like Muslims if Muslims follow their desires and actions in daily life.
By following in any of their actions can be an attraction to copy other actions too. And for the disbelievers is a painful punishment. Al-Baqarah Ibnu Katsir in explaining this verse said: This verse is a proof which Allah SWT has forbids His servants who believe to resemble disbelievers in their words or actions. Allah prohibits that matter because non-Muslims imitation is one of a way to fulfill their desire.
Al-Baqarah 2: Beirut: Dar al- Kitab al-Ilmiah. It is a way to prevent from tasyabbuh in words or in their actions. Meaning: I have been sent before me the Day of Judgment, with sword until worship to Allah only without associate Him with something else, my rizk good fortune has be made under the shadow of a sword, and has been dishonorable whom violate my business, and anyone who imitate any of the races are a part of them.
Abi Bakr. Mekah: Maktabah Ibn Hajar. Cut the mustache and leave the beard. Be different from Majusi. Fathul Bari Syarh Sahih Bukhari. Egypt: Dar Alrban Lil Turath. Sahih Muslim. Muslim cannot help a zimmi non-Muslim who live in Islamic country to betray the agreement that have been made between Muslims and Nasrani.
Abdul Somad. Jakarta: Pustaka Azzam. Vol 4. Scholars have made a brief explanation about this issue so that Muslims can understand clearly about this matter. Among conditions that allow al-Tasyabbuh to non-Muslims are: 5. But, if he or she wear it because of dhorurah necessity situation so it is forgivable. Examples of emergency situations are like living in the middle of war, bad weather or very poor.
In a war, good strategies needed. Tricks and strategies play an important role in concealing from enemy. For example, make some disguise or save the captive by slowly ambush into that enemy country. By this reasons, Muslim soldiers are allowed to wear particular clothes that belong to non-Muslims. The example for weather is if the weather is too hot or too cold freezing and the only dresses that exist to defend 32 Zainuddin Abu Yahya Zakaria.
Asna al-Mathalib Syarh Rawdh al-Thalib. Kaherah: Dar al-Kitab al-Islami. Vol 3. Lubnan: Dar Alim Al-Kitab. Someone who imitatate tasyabbuh will be judge as kufr if his or her action are like kufr action such as worship to other than Allah SWT. Then, other than that, if tasyabbuh just like wearing their specific clothes that show the difference between Muslims and non-Muslims, so scholars have differs opinion about that whether to state that issue is haram prohibited or not.
An Introduction to the Study of Al-Qawaid Al-Fiqhiyya