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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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Shariah-The Distinction Between Sharī‘ah and Fiqh
  1. Scope
    • Sharī‘ah: Covers all human actions (a wider circle).
    • Fiqh: Deals only with actions related to legality and illegality.
  2. Nature
    • Sharī‘ah: Divine laws revealed in the Qur’ān and Sunnah.
      • Includes:
        • al-aḥkām al-i‘tiqādiyyah (beliefs)
        • al-aḥkām al-akhlāqiyyah (morals and ethics)
        • al-aḥkām al-‘amaliyyah (actions – also called fiqh)
    • So, fiqh is part of Sharī‘ah.
  3. Changeability
    • Sharī‘ah: Fixed and unchangeable.
    • Fiqh: Can change with circumstances and new situations.
  4. Source of Knowledge
    • Sharī‘ah: Based only on divine revelation (Qur’ān and Sunnah).
    • Fiqh: Based on human reasoning and understanding of Sharī‘ah.
  5. Judgment
    • Fiqh: Classifies actions as legal or illegal.
    • Sharī‘ah: Has levels of approval or disapproval (not just legal/illegal).


Note
  • The distinction is not always clear; many scholars use both terms interchangeably.
  • The goal of both Sharī‘ah and Fiqh is to seek Allah’s approval by following His commandments.​
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Shariah -The Position and Components of Fiqh

1. Understanding Fiqh
  • Fiqh is an important part of Sharī‘ah.
  • Sharī‘ah covers all aspects of life, while Fiqh focuses on specific rulings and principles.
  • It guides how humans act and live according to Allah’s commands.
  • Fiqh helps organize life in harmony and peace, both spiritually and socially.


2. Categories of Fiqh

Fiqh is generally divided into two main categories:


A. Fiqh al-‘Ibādāt (Rituals/Worship)
  • Deals with the relationship between man and Allah.
  • Includes rules of worship and religious duties.
  • Divided into four sections:
  1. Ṣalāh (Prayer):
    • Covers everything about prayer – from ablution (wudhu’) to the act of praying.
  2. Ṣawm (Fasting):
    • Explains rules of fasting during Ramadan, conditions, and exemptions.
  3. Zakāh (Charity):
    • Covers compulsory charity on income, crops, animals, business, etc.
    • Also includes optional charity (ṣadaqah).
  4. Ḥajj (Pilgrimage):
    • Rules for performing ḥajj – its conditions, pillars, and different types.


B. Fiqh al-Mu‘āmalah or al-‘Ādah (Dealings/Social Relations)
  • Governs the relationship between humans and other creatures of Allah.
  • Focuses on everyday interactions, laws, and responsibilities.
  • Divided into several sections:
  1. Family Law (al-Aḥwāl al-Shakhṣiyyah):
    • Covers marriage, divorce, custody, inheritance, etc.
  2. Commercial Law (al-Aḥkām al-Mu‘āmalah):
    • Includes contracts, sales, leasing, partnerships, and business rules.
  3. Financial/Economic Law (Fiqh al-Iqtiṣād):
    • Rules about Islamic finance, banking, zakāh on wealth, and state economics.
  4. Judicial Law (al-Qaḍā’ wa Ṭuruq al-Ithbāt):
    • Relates to court systems, judges, and evidence law.
  5. Rights of Non-Muslims (al-Aḥkām al-Dhimmi wa al-Musta’min):
    • Protects non-Muslims under Islamic rule and defines their rights/taxes.
  6. International Relations (al-Aḥkām al-Siyar):
    • Covers diplomacy, treaties, and jihād.
  7. Political System (al-Aḥkām al-Siyāsah):
    • Discusses governance, leadership, and citizens’ rights.
  8. Criminal Law (al-Aḥkām al-Jināyah):
    • Defines crimes, punishments, and justice in Islamic society.
  9. Environmental and Other Laws:
    • Covers relations between humans, animals, and the environment.


3. Summary
  • Fiqh provides complete guidance for personal, social, political, and economic life.
  • It ensures justice, harmony, and obedience to Allah.
  • Shows that Sharī‘ah is complete and serves the needs of all humankind.



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Shariah -Fiqh Rulings (al-Aḥkām al-Khamsah)

Meaning:
  • Fiqh rulings or ḥukm mean legal rules or Sharī‘ah injunctions.
  • They are rulings about a person’s actions based on Islamic sources.
  • Scholars classify them into five main categories.


1. Farḍ or Wājib (Compulsory / Obligatory)
  • Must be done.
  • Neglecting it is a sin; denying it is disbelief.
  • Supported by clear evidence from Qur’an or Sunnah.
  • Two types:
    • Farḍ ‘Ayn: Personal duty (every Muslim must do it).
      • Example: Daily prayers, fasting.
    • Farḍ Kifāyah: Collective duty (if some do it, others are excused).
      • Example: Funeral prayer, community service.


2. Sunnah (Recommended Acts)
  • Doing it is rewarded; leaving it is not sinful.
  • Two types:
    • Sunnah Mu’akkadah (Highly recommended):
      • Regularly done by Prophet Muhammad (s.a.w).
      • Should not be left without reason.
      • Example: Additional prayers before/after the five daily prayers.
    • Sunnah Ghayr Mu’akkadah (Less recommended):
      • Sometimes done and sometimes skipped by the Prophet.
      • Doing it brings reward; skipping it has no sin.
      • Example: Giving charity, helping others.


3. Ḥarām (Prohibited / Unlawful)
  • Must be avoided completely.
  • Doing it is a major sin; denying it leads to disbelief.
  • Committing it is punishable, avoiding it is rewarded.
  • Examples: Taking or paying interest (ribā), adultery, lying, backbiting, drinking alcohol.


4. Makrūh (Disliked / Undesirable)
  • Better to avoid, but not sinful if done.
  • Two types:
    • Tanzīhī: Slightly disliked (close to permissible).
    • Taḥrīmī: Strongly disliked (close to ḥarām).
  • Example: Eating food with a bad smell (like raw garlic) before prayer.


5. Mubāḥ (Permissible / Neutral)
  • Doing or not doing it has no sin or reward.
  • No specific Sharī‘ah command is attached to it.
  • Examples: Playing sports, eating, sleeping, traveling.
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Shariah -Uṣūl al-Fiqh (Principles / Foundations of Islamic Law)

Meaning and Division
  • Scholars divide Fiqh (Islamic law) into two parts:
    1. Uṣūl (Roots / Foundations):
      • Deals with how the rules of Fiqh are derived from sources.
    2. Furū‘ (Branches):
      • The specific rulings that come from Uṣūl.

Purpose
  • Uṣūl al-Fiqh explains how rules are formed and the methods used to deduce them.
  • Fiqh rules come mainly from Qur’an and Sunnah, and also from other recognized sources.

Main Sources of Uṣūl al-Fiqh
  • Qur’an and Sunnah are the primary sources.
  • Other sources are used to interpret or extend rulings, such as:
    • Qiyās – Analogy (reasoning by comparison)
    • Istihsān – Juristic preference (choosing the best option)
    • Maslahah (Istislāh) – Public interest
    • Istishāb – Presumption of continuity (assuming something stays as it is)
    • ‘Urf – Customary practice (accepted traditions)
    • ‘Amal Ahl al-Madīnah – Practice of the people of Madinah
    • Sadd al-Dharā’i‘ – Blocking means that lead to harm or sin

Key Idea
  • The Qur’an and Sunnah don’t cover every detail, so scholars use these methods to deduce rulings logically and fairly.
  • Uṣūl al-Fiqh = foundation of Islamic legal thinking.​
  • Here is a paraphrased version:


    These aspects are regarded as support for properly understanding the sources and mechanisms of ijtihad. In this sense, fiqh is the final outcome derived from usul al-fiqh, though the two remain distinct fields. The significance of usul al-fiqh is unquestionable, as it deals with the foundations of Islamic law, the procedures for deriving rulings, and the qualifications required of those who interpret the law. Ibn Khaldun (d. 808 AH/1406 CE) highlighted its value, describing it as “one of the greatest, most influential, and most beneficial disciplines of the Shari‘ah.” Likewise, Fakhr al-Din al-Razi (d. 606 AH/1209 CE) affirmed its prominence in al-Mahsul, stating that it is the most essential science for a mujtahid.



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