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Philosophy and Fundamentals of Sharī’ah for Islamic Finance
SHA0011

7. The Legislative Laws of The Previous Prophets AS (Shar’u Man Qablana)

Shar’u man qablana refers to the practical rules of Sharī’ah that were
revealed prior to the arrival of Islām. The Qur’ān and Sunnah have
recorded the lives of previous Prophets AS and some of the rulings
from the revelations they have accordingly received. All divine laws
share the common source which is the revelation from Allāh SWT through
His Prophets AS.The jurists agreed unanimously that there shall be
no repeal to the aspects of faith (al-umūr al-‘aqa’idiyyah) as the
revelation of such matters is everlasting and is applicable at all times,
transcending any boundaries of times of Prophet AS.

Nevertheless, jurists differ on the issue of enforceability and applicability
of the practical laws that were previously revealed to Prophets AS
before the prophethood of Muhammad SAW. The general rule is
that, the laws that were revealed before the arrival of Islām and not
mentioned, neither in the Qur’ān nor Sunnah are not applicable in
our Sharī’ah. Similarly if the rules are mentioned, yet it explicitly mentions
the rules have been abandoned, then it should also be discharged. On
the other hand, if the rules are mentioned in the text with approval,
the jurists unanimously accepted it as part of the Sharī’ah. However,
if the texts of the Qur’ān or Sunnah have referred to a ruling of the
previous revelation without clarifying the position as to whether it
should be abandoned or sustained, the jurists dispute on this. The
majority of Ḥanafī, Malikī, Ḥanbalī and some Shāfi’ī jurists unanimously
agree that the laws revealed prior to the arrival of Islām form one part
of the Sharī’ah.

UNIT 8: DEFINITION OF ISLAMIC LEGAL MAXIMS (QAWĀ‘ID FIQHIYYAH)

Islamic legal maxims refers to general principles of fiqh presented in precise
texts which comprise of general rulings of Sharī’ah on issues covered by
them. They are derived from the detailed observation of fiqh on various topics.
Islamic legal maxims are formulated by scholars as a result of their observations
on the branches of fiqh that lead to certain conclusions. The actual wording
of the maxim is sometimes taken from the very word of the texts of the
Qur’ān and Sunnah.

Islamic legal maxims offer a prompt understanding of Sharī’ah rulings and
enable the scholars to gauge Sharī’ah injunctions by merely looking at the
stature or facts of the issues. However, Islamic legal maxims remain as a
speculative guideline that subjects to numerous exceptions. That is to say,
Islamic legal maxims are not meant to be generic and absolute guideline in
adducing Sharī’ah rulings but an indicator towards Sharī’ah rulings. In this
regard, Islamic legal maxims are in the nature of probabilities (aghlabiyyah).