Shari`ah
and Fiqh
As we strive as Muslims
to remain on the straight path, we need to discern the
right from the wrong in every aspect of our life. The Shari`ah
(sacred law) and the Fiqh (Islamic jurisprudence)
provide us with the rulings in different matters. In this
article simple definitions of shari`ah and fiqh
are given.
Shari`ah
The Arabic word shari`ah
refers to the laws and way of life prescribed by Allah (SWT)
for his servants. The shari`ah deals with the
ideology and faith; behavior and manners; and practical
daily matters. "To each among you, we
have prescribed a law and a clear way. (Qur 'an 5:48)
Shari`ah includes the Qur'an and the sunnah
of the Prophet (saas). The Qur'an is the direct word of
Allah (SWT), and is the first most important source of
guidance and rulings. The Sunnah of the Prophet (saas)
is the second source of guidance and rulings. The sunnah
is an inspiration from Allah (SWT), but relayed to us
through the words and actions of the Prophet (saas), and
his concurrence with others' actions. The sunnah
confirmed the rulings of the Qur'an; detailed some of the
concepts, laws and practical matters which are briefly
stated in the Qur'an (e.g. definition of Islam, Iman,
and Ihsan, details of salah, types of
usury); and gave some rulings regarding matters not
explicitly stated in the Qur'an (e.g. wearing silk clothes
for men).
Shari`ah |
1-Qur'an |
2-Sunnah of
the prophet (saas) |
Ideology and faith |
Sayings |
Behavior and
manners |
Actions |
Practical
manners
- Articles of
worship
- Day-to-day
activities
Pertaining to
family, business,
penal code, government,
international law, economy. |
Concurrence with
others' actions |
Characteristics of
the Prophet (saas) |
Fiqh
The Arabic word fiqh
means knowledge, understanding and comprehension. It
refers to the legal rulings of the Muslim scholars, based
on their knowledge of the shari`ah; and as such
is the third source of rulings. The science of fiqh
started in the second century after Hijrah, when
the Islamic state expanded and faced several issues which
were not explicitly covered in the Qur'an and Sunnah
of the Prophet (saas). Rulings based on the unanimity of
Muslim scholars and direct analogy are binding. The four Sunni
schools of thought, Hanafi, Maliki, Shafi'i and
Hanbali, are identical in approximately 75% of their
legal conclusions. Variances in the remaining questions
are traceable to methodological differences in
understanding or authentication of the primary textual
evidence. Differing viewpoints sometimes exist even within
a single school of thought.
3-Fiqh
(Islamic Jurisprudence) |
Basis of
Rulings |
Imams of
schools of thought |
- Unanimity of
Muslim scholars
- Direct and
indirect analogy
- Benefit for
community
- Custom
- Associated
rules
- Original rules
- Opinion of a
companion of the Prophet
|
- Imam Abu
Hanifa 80-150 (After Hijra)
- Imam Malik
93-179 (A.H.)
- Imam Shafi'i
150-204(A.H.)
- Imam Ahmad Ibn
Hanbal 164-241 (A.H.)
Others: Al-Thawri,
Ibn Abu-Lail, Al Awza'i,
and Al-Laith
|
Rulings of the
Shari`ah
The rulings of
shari`ah for all our daily actions are five :
prescribed, recommended, permissible, disliked and
unlawful . The distinctions between the five categories
are in whether their performance (P) and nonperformance
(NP) is rewarded, not rewarded, punished or not punished
(see the table). The prescribed (fard) is also
referred to as obligatory (wajib), mandatory (muhattam)
and required (lazim). It is divided into two
categories :
- personally obligatory
(fard al-'ayn), which is required from every
individual Muslim (e.g. salah and zakah);
- and communally
obligatory (fard al- kifaya), which if
performed by some Muslims is not required from others
(e.g., funeral prayers).
The recomended (mandub)
is also referred to as sunnah, preferable (mustahabb),
meritorious (fadila), and desirable (marghub
fih). Examples are night vigil (tahajjud)
prayers, and rememberance of Allah (zikr).
The performance and
nonperformance of the permissible/ allowed (mubah)
is neither rewarded nor punished.
Nonperformance of both the
disliked (makruh) and the unlawful/prohibited (haram
) is rewarded. Performance of the unlawful is punished,
but that of the disliked is not punished.
Rulings
of Sacred Law |
1.
Prescribed |
2.Recommended |
3.
Permissible/
Allowed
|
4.
Disliked
/Offensive
/Detested
|
5.
Unlawful
/Prohibited
|
Other
terms:
- Obligatory
- Mandatory
- Required
Personally
obligatory, communally obligatory
Performance:
rewarded
Non-
Performance:
punished
|
Other
terms:
- Sunnah
- Preferable
- Meritorius
- Desirable
P: rewarded
NP: not punished |
P:
not rewarded
NP: not punished |
P:
not punished
NP: rewarded |
P:
punished
NP: rewarded |