BIMS 2093 QAWAID FIQHIYYAH FOR BUSINESS

BIMS 2093 QAWAID FIQHIYYAH FOR BUSINESS
SEMESTER 2, SESSION 2021/2022 (A212)

INDIVIDUAL ASSIGNMENT
TOPIC : AL- MASYAQQAH TAJLIB AL-TAISIR

PREPARED BY:
NURUL JANNAH BINTI ZAMRI ( 278646 )

PREPARED FOR:
DR. FAUZIAH BINTI MOHD NOOR

TABLE OF CONTENT 3-4
5
Table of Contents 6
1.0 INTRODUCTION 6
2.0 AL MASYAQQAH TAJLIB AL-TAISIR 6
3.0 THE APPLICATION OF AL MASYAQQAH TAJLIB AL-TAISIR 7
8
3.1 Ibadah 9
3.11 Traveller 9
3.12 Sick 10
3.13 People who are forced 10
11-12
3.2 Finance
3.21 Banking
3.22 Insurance

4.0 CONCLUSION
5.0 REFERENCES

1.0 INTRODUCTION

Qawaid fiqhiyyah or the legal maxims means general rules of fiqh, which can be applied
in various cases that come under the common rulings. A maxim can be defined as “a general
rule, which applies to all of its related particulars” (Mahmassani, 1961).So, it means that
qawaid fiqhiyyah will use in life to solve many problems which is in finance, Ibadah, business
and so on.These legal maxims are very important to use in Islamic law because qawaid
fiqhiyyah used as principles of deduce many rules of fiqh (Laldin, 2014). These maxims also
can be applied to a variety of situations to provide answers.For example, they can establish the
legality of specific law.(Kamali, 2012).

Legal maxims (al-qawaid al-fiqhiyyah) also exist between the various schools and
differences between the madhahib and it is not significant. Al-qawaid al-fiqhiyyah are also
closely related to the objectives of maqasid syariah (Kamali, 2012).The words that used or
contained in a legal maxim are sometimes derived from al-Quran and Hadith but normally
those maxims were refined and further developed by jurists from time to time for follow the
new issues in life.So, legal maxims very important because it is a general rule which applies to
all or most of its related particular (Kamali, 2012).In Islam, we must use this legal maxims to
determine the decision (hukum) that will tell by jurists according to their ijtihad.

Other than that, al-Zarqa also defined al-qawaid al-fiqhiyyah as the general fiqh
principles which are presented in a simple format consisting of the general rules of Shariah
in a particular field related to it (al-Zarqa, 2007). According to this definition, statements
concerning general principles that can be applied to particular fiqh related to concerns are
included in al-qawaid al-fiqhiyyah and that are derived from jurisprudential rulings.Qawaid
Fiqhiyyah also means the fundamentals or principles of fiqh that are the comprehensive in the
form of texts that include the laws of hukum that are prescribed in general on matters that tell
in the scope (Ab. Latif Muda, 2012).

Qawaid fiqhiyyah have five methods that have made by scholars and they always use
that methods to solve any problems of Fiqh.The methods name is al-qawaid al kulliyyah al-
kubra.Qawaid Fiqhiyyah al-kubra have five maxims that have agreed by all scholars.

1.Acts are judged by the intention behind them ( ‫)الأمور بمقاصدها‬

This qaidah literally means that actions and behavior are judged by intentions. It practically
means that a person is accounted and responsible by his intention and goal.So its means that
all intentions determine whether it is a reward or a sinful.If someone do the good things, they
will get reward but if someone do a bad things they will get sin.The main source for this qaidah
are from al-Quran and as-Sunnah.

2.Certainty is not overruled by doubt ( ‫)اليقين لا يزول بالشك‬

This qaidah means that a matter is certain cannot be removed except by decisive evidence, and
it cannot be cancelled or abrogated by mere suspicions.That is, the original and convinced
should not abandoned due to suspicions.

3. Hardship begets ease (‫)المشقة تجلب التيسير‬

This Qaidah means that when there have some difficulty to follow what Allah commands.So,
this command is lightened and do not like the original.

4. There is to be no harm, and no reciprocating harm (‫)لا ضرر ولا ضرار او ضرر يزال‬

This qaidah states that a human must not hurt others and others should not reply too. In addition
it also shows how Islam encourages people’s security, spreads peace by dismissing evil from
their life and forbids detriment among them.

5. Custom is the basis of judgement ( ‫)العادة محكمة‬

Al-urf is considered as one of the Adillah Shar’iyyah, namely it has the ability to evaluate
questions and cases and it can give decision regarding them unless there is Nuss from the al-
Quran or Sunnah contrary to it. If situation contains ‘urf and Nuss, we can avoid ‘urf and judge
by counting on Nuss.

2.0 AL-MASYAQQAH TAJLIB AL-TAISIR

The topic that I choose is al-masyaqqah tajlib al-taisir that means hardship begets ease.
When there have some difficulty to follow what Allah commands.So, this command is
lightened and do not same like the original.Allah is very merciful to his servant because Allah
always make something that from hard to do to easy to do by human.So, we can see in this
legal maxims that Allah give us commands to simplify human to do wherever they are in at
any time.This is can make human feel easy to do ibadah and other commands that Allah give
and do not have any excuse for not doing something especially about religious responsibility.

‫يُِريُْد اّهلٰلُ بِ ُك ُم الْيُ ْسَر َوَل يُِريُْد بِ ُك ُم الْعُ ْسَر‬

(Surah al-Baqarah : verse 185)

Meaning: Allah wants ease and not hardship for you

From the verse, Allah said that he do not want his servant feel hardship and just want
his servant feel easy in all the commands that he give and make human easy to continue life
wherever they go and live.For example, if someone have travel in the long destination like 85
kilometres and above they will get a rukhsah to shorten their prayer from 4 rakaat to 2
rakaat.So, this rukhsah can make people feel easy to pray and human also cannot have any
excuse for do not do the commands by Allah.Al- masyaqqah also cannot be separated in human
life especially if human want to get happiness they also must through the difficult first in
working or so on in this life.

Other than that, this qaidah also have two basic methods which is:

‫إذا ضاق الأمر اتسع وإذا اتسع ضاق‬

This means when a matter become hard it will widen and when a matter is become easy
it will narrow. The first part of the qaidah is means something that when narrow, it become
wide.So this means that the Islamic law allows space as a way out when something give
difficult.Human must get an easy way to live that can make them happy and easy to follow the
Islamic law.This methods also use in other principle such as in Umum al-balwa.For example,
if people want to pray and they see the lizard dung, so they can just rub and throw into the
rubbish without wash with water.So, this make easy to people to pray.

3.0 THE APPLICATION OF AL-MASYAQQAH TAJLIB AL-TAISIR

3.1.Ibadah

3.11 Traveler

In fiqh ibadah al-masyaqqah tajlib al-taisir can be seen when Allah give permission to
the traveler to not fasting during Ramadan if they go anywhere in long destination that can
make them tired if they fasting.So, Allah give them rukhsah to not fasting because do not want
to give harm to his servant.If the traveler fasting but nothing to give them harm so they can
continue their fasting but otherwise they will eating or drink the water.This is because the
traveler will through the long destination and make them feel tired and do not have energy also
can give them sick, so they can follow the rukhsah that Allah give to all servant.This have been
explain by Prophet Muhammad Saw in his Hadith:

‫ فَ َم ْن أَ َخ ذَ ب هَ ا فَ َح سَ ٌن َو مَ ْن أَ َح َّب أَ ْن يَصُ ومَ فَََل ُج نَا َح عَلَيْه‬، ‫ه َي ُر ْخ صَ ةٌ م ْن َّللَّا‬

Meaning: "That it (breaking the fast) is a rukhsah that has been given by Allah S.W.T, then
whoever breaks the fast then it is good, and whoever wants to fast then there is no sin for him."

Riwayat Muslim (1121)

Other than that, Allah give rukhsah for traveler to wipe the khuf more than once.Khuf
is the leather shoes that cover the feet up to the ankles.So, this situation is replacement wash
the feet while ablution.So, the traveler can just wipe the khuf to make them feel easy to
prayer.This happen starting from the occurrence of hadas after wearing khuf.So the traveler
can using that until forth day of the travelling.This can be seen in Hadith that Prophet
Muhammad wipe the khuf:

‫ َو َم َس َح َع َلى ُخ ّفَ ْيه‬،َ‫َرأَ ْي ُت ال َّنب َّى َصلى الله عليه َو َس ّلم َبا َل ثُ َّم تَ َو َّضأ‬

Meaning: "I saw the Prophet SAW go to urinate, then he performed ablution and wiped the top
of both khufnya."

Riwayat al-Bukhari (1478) dan Muslim (272)

3.12 Sick

If someone have sick, they also can use this method that is al-masyaqqah tajlib al-taisir
and get rukhsah from that, this is because when someone sick they do not have more energy to
walk anywhere or do like a healthy person doing.For example, if someone have sick that cannot
exposed to water because if they use water maybe the sick will worse and this is must be
clarified by doctor.So, they can tayammum to do prayer or do whatever things that must get a
ablution.This is rukhsah for them to make it easy to do what Allah commands.

Allah SWT states in the Quran:

‫َوإن ُكنتُم َّم ْر َضى أَ ْو َعلَى َس َفر أَ ْو َجا َء أَ َحدٌ ّمن ُكم ّم َن الغَائط أَ ْو لا َم ْستُ ُم ال ّن َسا َء َفلَ ْم تَجدُوا َماء‬
ُ‫فَتَ َي َّم ُموا َصعيدا َط ّيبا فَا ْم َس ُحوا ب ُو ُجوه ُك ْم َوأَ ْيدي ُكم ّم ْنه‬

Meaning: “But if you are ill or on a journey or one of you comes from the place of relieving
himself or you have contacted women and do not find water, then seek clean earth and wipe
over your faces and hands with it.”

Surah al-Maidah (verse:6)

Subsequently, people that get sick also can pray in a sitting position or lie down in the
bed because they get rukhsah and they also do not energy to stay stand up in a long time when
get a prayer.So, from that Allah give permission to his servant to pray in what situation that
they able to do because prayer is a compulsory to all muslim to do although they get a sick.So
this situation was explained by Prophet Muhammad Saw:

‫ فَِإ ْن ََلْ تَ ْستَ ِط ْع فَ َعلَى َجْنب‬،‫ فَِإ ْن ََلْ تَ ْستَ ِط ْع فََقا ِع ًدا‬،‫َصِٰل قَائًِما‬

Meaning: Pray by standing, if you are not able then do it by sitting and if you are not able then
do it by following.

Riwayat al-Bukhari (1066)

3.13 People who are forced

If someone is forced by someone else or forced to do whatever it is to save their life so
they have a permissible to do it.This is shown by branches in al-masyaqqah tajlib al-taisir which
is ‫ الضرورات تبيح المحظورات‬that means necessity renders prohibited matters permissible.So from
this explanation that if people was forced by someone else to utter the words of disbelief, so
they can say but their heart must be full of faith to Allah because if they do not do it maybe
they will be kill by who was forced them so say that.So this is a rukhsah for someone to utter
that words.

Allah SWT said in al-Quran:

‫َمن َكَفَر ِبّلٰلِ ِمن بَْع ِد إيمَانِِه إََِلّ َم ْن أُ ْكِرهَ َوقَْلبُهُ ُمطْ َمئِ ٌّن ِبلِإيمَا ِن‬

Meaning: Whoever disbelieved in Allah after his belief, except him who is forced thereto and
whose heart is at rest with Faith.

(Surah an-Nahl :verse 106)

Other than that, If someone do not have any food unless died person, so they can eat
that died person because they was forced to eat to protect their life from died also.So, in Islam
someone in this situation can do this because protection of life in Islam is very important until
Allah give permission to eat what is illegitimate for only to save life..Besides, they also can eat
pig if do no have any food to eat and this is also to protect their life from died.Allah Swt also
said in al-Quran:

ۚ ‫إَِّنَا َحَّرَم َعلَْي ُك ُم الْ َمْيتَةَ َوال َّدَم َوََلَْم اْْلِنِْزيِر َوَما أُِه َّل بِِه لِغَْيِر اَّلِّل ۖ فََم ِن ا ْضطَُّر غَْيَر َِبغ َوَل عَاد فََل إِْثَ عَلَيِْه‬
‫إِ َّن اَّلّلَ غَُفوٌر َرِحيٌم‬

Meaning: He has forbidden you only the Maitah (dead animals), and blood, and the flesh of
swine, and that which is slaughtered as a sacrifice for other than Allāh (or has been slaughtered
for idols, on which Allāh’s Name has not been mentioned while slaughtering). But, if one is
forced by necessity without willful disobedience nor transgressing due limits, then there is no
sin on him. Truly, Allāh is Oft‑Forgiving, Most Merciful.

3.2 Finance

3.21 Banking

In financial, many issues are discussed regarding to the Amanah Saham Nasional
(ASN) and Bank Simpanan Nasional (BSN) that use the method of al-masyaqqah tajlib al-
taisir.This is because mixing occurs of halal and illegal elements in mixed companies.So, in
this situation method of Umum al-balwa is using to allow principle of taisir.This means that
syarak give relief to the people so it cannot make them harm and cause hardship to them.In the
issue of companies that have mix between halal and illegal, the Securities Commission’s
Shariah Advisory Council define that in the company mostly the activities is almost follow the
syariah but there also include a little illegal things.So, follow the principle of umum al-balwa,
its can run because its just have a little about illegal things and they also must eliminate the
illegal things from time to time until zero.

Meanwhile, the method which is ( ‫) إذا ضاق الأمر اتسع‬which means when a matter become
hard it will widen, so from this method we can see that Bank Simpanan Nasional and Amanah
Saham Nasional using this method but then they cannot forget to use the methos which is ( ‫وإذا‬
‫ ) اتسع ضاق‬which means when a matter is become easy it will narrow.This is because Allah give
permission to use the first method for make easy to people to implement the things which call
rukhsah to people but in the same time Bank Simpanan Nasional and Amanah Saham Nasional
must repair this issue to improve the quality and eliminate the illegent thing in their
company.This is because the relief given by the shariah cannot continue to be used until
exceeded the limit without an effort to eliminate the element of emergency that occurs.

Besides, the methods of ( ‫ ) الحاجة تنزل منزلة الضرورة عامة كانت أو خاصة‬which means general
need can develop into necessity.This methods also using in Bank Simpanan Nasional and
Amanah Saham Nasional as a must to make an investment.So, by using this method, the
application shown that this is not only using for dharurah but also using for necessity for people
to use by doing investment to improve their economy life.So, Allah very merciful to give
permission and convenience to people to do something using the legal maxims that can make
people happy and easy to follow the shariah.