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Subject: LAW499 - Malaysia Islamic Legal System

Prepared for: Dr. Siti Sarah Sulaiman


Class: LAWB02N

1. ONE NATION

i) Article 15 -(Prohibition of unjust favoritism)

A believer shall not form an alliance with the associate of (another) believer without the (latter’s)
consent

ii) Article 30

The Jews of Bani Awf will be treated as one community with the Believers. The Jews have their
relation. This will also apply to their freedmen. The exception will be those who act unjustly and
sinfully. By so doing, they wrong themselves and their families.

 Authority: Al-Hujurat: 13

“O mankind! We have created you from a male and a female, and made you into nations and
tribes, that you may know one another. Verily, the most honorable of you with Allah is that
(believer) who has At-Taqwa. Verily, Allah is All Knowing, All Aware.”
2. HUMANITY & EQUALITY

i) Article 5

"In case of war with anybody all parties other than Muslims will redeem their
prisoners with kindness and justice according to practice among Believers and not in
accordance with pre-Islamic notions”

 This Article shows even in the case of war, redemption of prisoners must be
done with kindness & justice which shows humanity in Islamic notions.

Authority: Al Maidah: 111 / 3:111

“You are the best people raised for the good of mankind; you enjoin good and forbid evil and
believe in Allah”

 In this verse, Muslims have been blessed by Allah to serve mankind, promote
goodness and have love and kindness for all God’s creation.

ii) Article 6

Art 6: The Bani Saeeda, the Bani Harith, the Bani Jusham and the Bani Najjar will be
governed on the lines of the above (principles)

iii) Article 7

Art 7: The Bani Amr, Bani Awf, Bani Al-Nabeet, and Bani Al-Aws will be governed in
the same manner.

 These Articles mentioned shows that every tribe is treated equally based on
what have been agreed upon this Charter of Medina.

Quranic Authority: 5:8 (Al-Maidah: Table Spread)

 O you who have believed, be persistently standing firm for Allah, witnesses in
justice, and do not let the hatred of a people prevent you from being just. Be
just; that is nearer to righteousness. And fear Allah; indeed, Allah is
Acquainted with what you do (5:8), (49:13)

The last sermon (Khutbah) of Prophet Muhammad s.a.w

All mankind is from Adam and Eve. An Arab has no superiority over a non-Arab, nor does a
non-Arab have any superiority over an Arab; a white has no superiority over a black, nor does a
black have any superiority over a white; [none have superiority over another] except by piety
and good action.
iv) Article 42
“Anyone (any individual or party) who is wronged must be helped”

Authorities:

 Sahih Bukhari

The Prophet Muhammad (SAW) said,

“Show mercy towards all on this Earth, the one who is above the Heavens will bestow mercy on
you”

 Al Anbiya:108

Indeed, the Quran describes the Prophet as “a source of mercy to all creation”, and according to
the famous exgete Jarir Al-Tabari relates, “This includes both Muslims and Non- Muslims.

Cont..

Being a part of the ummah entails a shred sense of concern for the wellbeing of others and for
alleviating the suffering of the oppressed, whether Muslim or non-Muslim.

 “O vain Ruler! I did not send you to amass the fortunes of this world. But I sent you to
avert from Me and the supplications of the oppressed. For I do not reject the
supplications of the oppressed, even if it comes from a disbeliever” (Sahih Ibn Hibban)

# Muslim scholars have included this narration under the obligation of helping the oppressed,
regardless of their faith.

The prophet Muhammad also said,

 “Whoever wrongs a non-muslim at peace with us, or infringes on his rights, or burdens
him with more than he can bear, or takes anything from him against his will, then I will be
his prosecutor on the Day of Judgment” (Sunan Abi Dawud)
3. PROTECTION

 The principle of “no harm shall be inflicted or reciprocated”


o Can be divided into two, which are:-
 Allah  fulfillment of the obligation
 Harm  War
 Children
 Human
 Elderly

 Definition: The act of killing an innocent soul without justification in which the
punishment is fixed by Allah and stated in the Shariah law.
 Methods: Qisas which is interrelated with the application of blood money (diyat)
 Who can impose: The authority (The government and/or Ruler)
 Reason to impose: To deter crimes which may lead to harm and as a lesson towards
others not to repeat the same harm.

 Provided with:
QISAS Article 27, 36
BLOOD MONEY Article 2, 4, 6, 7 8

 Quran verses:-
i) Al- Isra: 33 And do not kill the soul which Allah has forbidden, except by
right. And whoever is killed unjustly - We have given his heir
authority, but let him not exceed limits in [the matter of]
taking life. Indeed, he has been supported [by the law].
ii) Al- Mai’dah: 32 Because of that, We decreed upon the Children of Israel that
whoever kills a soul unless for a soul or for corruption [done]
in the land - it is as if he had slain mankind entirely. And
whoever saves one - it is as if he had saved mankind
entirely. And our messengers had certainly come to them
with clear proofs. Then indeed many of them, [even] after
that, throughout the land, were transgressors.
iii) Al- Baqarah: O you who believe! retaliation is prescribed for you in the
178-179 matter of the slain; the free for the free, and the slave for the
slave, and the female for the female; but if any remission is
made to any one by his (aggrieved) brother, then (the
demand for the bloodwit) should be made according to
usage, and payment should be made to him in a good
man-ner; this is an alleviation from your Lord and a mercy;
so whoever exceeds the limit after this, he shall have a
painful chastisement (178).

And there is life for you in the retali-ation, O men of


understanding, that you may guard your-selves (against evil)
(179).

4. JUSTICE

i) Provision 10
The Believers, who fear Allah, will oppose the rebellious elements and those that
encourage injustice or sin, or enmity or corruption among Believers.
- Muslims who obey one and only God, will not collaborate with any intention of
creating sins
- Al-Anfal 29, “O believers! If you fear Allah He will grant you a criterion (to
judge between right and wrong), do away with your sins and forgive you”.

ii) Provision 14
Protection (when given) in the Name of Allah will be common. The weakest among
Believers may give protection (In the Name of Allah) and it will be binding on all
Believers.
- The prophet PBUH has given out the order that all people of Madinah are
responsible for the safety of the City. This means everyone is obligated to
defend and maintain Madinah regardless Believer or non-Believer.
- This articles highlights that even the weakest Believer may give
protection, maybe not in the form of physical protection, but he may give
protection in the name of Allah, and it will be binding on all Believers.
iii) Provision 55
This document will not (be employed to) protect one who is unjust or commits a crime
(against other parties of the Pact)
- This Charter does not provide any protection towards any person who comply
with the crime or any injustice act.
- Al-Qasas (28:84), “Whoever comes [on the Day of Judgement] with a good
deed will have better than it; and whoever comes with an evil deed – then
those who did evil deeds will not be recompensed except [as much as] what
they used to do”.

5. FREEDOM

Under the category of freedom on the Medina Charter, freedom of religion is also included to
form the charter.

i. This can be proven with Article 57 of the Charter which says:


Allah is the Protector of the good people and those who fear Allah, and Muhammad (PBUH)
is the Messenger of Allah (He guarantees protection for those who are good and fear Allah).
In simpler words, Allah will protect Muslims.

ii. Article 17 also states that :


No Jew will be wronged for being a Jew. These shows that, anyone in Medina can practice
their religions freely and harmoniously and no one can be wronged for their religions.

Authorities

i. Surah Al-Baqarah , verse 256 which stated that:


“There shall be no compulsion in [acceptance of] the religion…”

ii. Surah al-Mumtahanah , verse 8


‘Allah does not forbid you from those who do not fight you because of religion and do not
expel you from your homes - from being righteous toward them and acting justly toward
them. Indeed, Allah loves those who act justly.’

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