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Shariah -Fiqh (Islamic Jurisprudence)

1. Meaning and Linguistic Roots
  • The word Fiqh (فقه) comes from the root fa–qa–ha (ف ق ه) which means understanding or comprehension.
  • In the Qur’an, it is used in the sense of deep understanding of religion.
  • The Prophet Muhammad (s.a.w.) made du‘ā’ for Ibn ‘Abbās:
“O Allah, teach him al-dīn (Islamic religion) and make him understand the interpretation of Qur’an.”
  • Before Islam, the word was used for knowledge and understanding in general.
  • In Islamic usage, Fiqh refers to understanding Islamic law and legal rulings.


2. Early Usage and Development
  • During early Islam, Fiqh referred broadly to understanding Islam — beliefs, laws, and morals.
  • Over time, it became specialized in the knowledge of Sharī‘ah rulings (laws and regulations derived from the Qur’an and Sunnah).
  • Scholars like Imam Abu Hanifah (d. 767 CE) defined Fiqh as:
“The knowledge of what is for man self (naf‘) and what is against him (ḍarar) in this life and the Hereafter.”
  • Al-Ghazālī (d. 505 AH) confirmed this meaning, saying Fiqh includes all knowledge of Islam.


3. Technical Definition of Fiqh
  • Over time, Fiqh became associated with legal rulings (aḥkām) and the rules of Islamic conduct.
  • It developed as a science of deducing rulings from Islamic sources.
  • Scholars defined Fiqh as:
“Knowledge of one’s rights and obligations derived from detailed evidence (dalīl tafṣīlī).”
  • This definition limits Fiqh to practical rulings, unlike theology or creed.


4. Sources of Fiqh
  • The four basic sources (uṣūl al-fiqh) are:
    1. Qur’an – the primary source of divine law.
    2. Sunnah – sayings, actions, and approvals of the Prophet (s.a.w.).
    3. Ijma‘ (consensus) – agreement of Muslim scholars.
    4. Qiyās (analogy) – reasoning by analogy from established rulings.


5. Purpose and Scope of Fiqh
  • Aims to guide Muslims in all aspects of life — worship, transactions, family, and ethics.
  • Divided into ‘Ibādāt (acts of worship) and Mu‘āmalāt (social transactions).
  • It is not only about law but also about moral and spiritual conduct.


6. Flexibility and Adaptability
  • Fiqh rulings can change according to time, place, and circumstance if based on reasoning and public interest (maṣlaḥah).
  • Example: During the caliphate of ‘Umar ibn al-Khaṭṭāb, punishment for theft was suspended during famine — showing flexibility in Sharī‘ah’s application.
  • This adaptability ensures that Sharī‘ah remains relevant to human needs.


7. Two Categories of Rulings
  1. Definitive Rulings (al-aḥkām al-qaṭ‘iyyah) – fixed laws stated clearly in Qur’an or Sunnah, not open to interpretation.
  2. Deduced Rulings (ijtihādiyyah) – derived through reasoning; open to scholarly interpretation (ijtihād).


8. Importance of Fiqh
  • Regulates all aspects of a Muslim’s life.
  • Ensures actions align with Sharī‘ah principles.
  • Encourages ijtihād (independent reasoning) while maintaining unity with Qur’an and Sunnah.​
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