A) The first non-agreed sources of Islam is istihsan. The definition of istihsan is to determine the best solution to a religious problem with the use of a jurist’s own judgement that cannot be solved by simply citing sacred texts. It is also juristic preference which refers to the principle that permits exceptions to strict and literal legal reasoning in favor of the public interest. According to al-Imam al-Karkhi, a Hanafi jurists that Istihsan is to break from the current precedent by taking a different decision in a certain case from the one in which a related case has been decided, for a justification that is greater than the one obtained in those cases. Examples of Istihsan are Bai’ al-salam (purchase with deferred delivery) and Bai’ istisna’ (sale on order).
As for now, everybody is in their houses due to the Covid-19 incident and are not allowed to leave their houses with strong reasons. So, people tend to use either Bai al-salam or Bai’ istisna’ when it comes to purchasing things. With Bai’ al-salam which is a purchase agreement that requires payment in advance for products to be shipped later. People can buys things online with the help of the modern technology apps such as Shopee, Lazada and many more. This will ease the people’s needs without getting out of the house.
As for Bai’ Istisna’, it refers by asking others to develop, create, or generate an object. In Islamic finance, istisna’ is usually a long-term contract whereby a party undertakes to manufacture, create or construct properties, with the manufacturer or supplier having obligation to supply them to the customer upon completion. For example, all healthcare and frontliners in Malaysia do not have enough equipment. So, this is where istisna takes place. We can create enough equipment for them as they can protect everyone from this pandemic. As a result, the number of new cases decreases from day to day thanks to the healthcare workers and frontliners working very hard to overcome this pandemic.
B) The second non-agreed sources of Islam is Masalih al-Mursalah. The definition of Masalih al-Mursalah is securing rewards and doing away with harm. The word maslaha is taken from the root word “Saluha” or “Salaha” which means to be good or to repaur or to do good. Imam Al-Ghazali defined Masalah as considerations which secure the profit or prevent harm but are in accordance with the objectives and aims of the Shariah.
For example, we can see the government had enforced stricter laws such as people could not travel from one state to another to prevent the infection of the Covid-19 . Other than that, all shops are required to be closed during the pandemic. This is because opening of shop could cause a mass gathering and might spread the disease. People are also required to be at home all time until the disease has decrease. This may be a burden to the community but this will ensure the disease to be cured as there is no cure. So, steps are needed by higher authorities to prevent the pandemic from spreading. Besides that, citizens should follow the laws for our own protection. People also play an important role in preventing the pandemic from spreading. People should always wear a face mask when going out to buy groceries. People should also always sanitize their hands before touching anything.
C) The next non-agreed sources of Islam is Istihsab. It is an Islamic term used in the jurisprudence to denote the principle of the presumption of continuity. Istishab is divided into two categories. One of them is presumption of innocence. It is the continuity of inviolability until there is proof that establishes a right, similar to the condition of the individual refusing a claim. The other one is the continuity of the attribute. It is a decision goes on until the contrary is affirmed.
For example, we cannot assume someone to have the Covid 19 infection just like that because there are not having the Covid 19 disease. The person must go through the screening test in order to get conformity whether the person is positive or negative of the disease. The person should not be proven otherwise. Other than that, anyone who goes out without any solid reasons should be proven guilty and should be fined by higher authorities such as the police.
D) Next, another non-agreed sources of Islam is Al-‘Urf (Custom or social tradition. It is taken from an Arabic root word which means to know. There are two types of Al-Urf which are al-‘Urf al-Sahih which complies with Shariah and al-‘Urf al-Fasid which does not comply with Sharia. There are a few conditions in which Al-Urf can occur. Al-Urf must be dominant in the sense that it is observed in all or most of the cases that can apply. We are all currently in the Movement Control Order (MCO) and we are currently avoiding mass gathering that could spread the infection from spreading.
For example, if someone passed away, people would have a jenazah prayer at the mosque. But if the person had passed away due to the infection, only the healthcare workers and frontliners are allowed to perform the jenazah prayer while wearing full equipment. This is to avoid the infection from spreading to others. Besides that, men are the head of a family. So, they must provide all basic necessities to the family. the head of the family is the only who can go out of the house during the pandemic. Men should go and buy the groceries for the family. Men must ensure that the family must always be healthy and happy during the pandemic.
E) Finally, the non-agreed sources of Islam is Sadd al-Zarai’ (Blocking the means). Literally Sadd means preventing or blocking. Technically, Sadd al- Zarai’ means to prevent the permissible acts which leads to an evil. For example of permissible acts, one is selling grapes to wine maker. The Concept of Sadd al-Zarai’ is founded on the idea of prevention of evil before it materializes.
For the application to this the pandemic we are currently facing, currently Jumaat prayers are not to be allowed until further notice. Other than that, we are approaching Ramadhan , but Bazaars are not allowed to be opened as usual. This is because we are avoiding mass gathering which could lead to spread the disease and put many lives at risk. Citizens are also required to stay quarantined in their own houses for a period of time to avoid this disease from spreading.
2020-4-21-1587486095