Fiqh
| Fiqh | |
| Arabic | فقه |
|---|---|
| Romanization | Fiqh |
| Literal meaning | "deep understanding" "full comprehension" |
| Part of a series on |
| Islamic jurisprudence (fiqh) |
|---|
| Islamic studies |
| Part of a series on |
| Islam |
|---|
 |
Fiqh (
Figuratively, fiqh means knowledge about Islamic legal rulings from their sources. Deriving religious rulings from their sources requires the
The studies of fiqh, are traditionally divided into Uṣūl al-fiqh (
Etymology
The word fiqh is an Arabic term meaning "deep understanding" This definition is consistent amongst the jurists.
In Modern Standard Arabic, fiqh has also come to mean Islamic jurisprudence.[9] It is not thus possible to speak of Chief Justice John Roberts as an expert in the common law fiqh of the United States, or of Egyptian legal scholar Abd El-Razzak El-Sanhuri as an expert in the civil law fiqh of Egypt.
History
According to Sunni Islamic history, Sunni law followed a chronological path of:
- Followers → Fiqh.[10]
The commands and prohibitions chosen by God were revealed through the agency of the Prophet in both the Quran and the Sunnah (words, deeds, and examples of the Prophet passed down as hadith). The first Muslims (the
The history of Islamic jurisprudence is "customarily divided into eight periods":[14]
- the first period ending with the death of Muhammad in 11 AH.[14]
- second period "characterized by personal interpretations" of the canon by the Sahabah or companions of Muhammad, lasting until 50 AH.[14]
- from 50 AH until the early second century AH there was competition between "a traditionalist approach to jurisprudence" in western Arabia where Islam was revealed and a "rationalist approach in Iraq".[14]
- the "golden age of classical Islamic jurisprudence" from the "early second to the mid-fourth century when the Shi'i jurisprudence emerged."[14]
- from the mid-fourth century to mid-seventh AH Islamic jurisprudence was "limited to elaborations within the main juristic schools".[14]
- the "dark age" of Islamic jurisprudence stretched from the fall of Baghdadin the mid-seventh AH (1258 CE) to 1293 AH/1876 CE.
- In 1293 AH (1876 CE) the Ottomans codified Hanafi jurisprudence in the Majallah el-Ahkam-i-Adliya. Several "juristic revival movements" influenced by "exposure to Western legal and technological progress" followed until the mid-20th century CE. Muhammad Abduh and Abd El-Razzak El-Sanhuri were products of this era.[14]However, Abduh and El-Sanhuri were modernists. 19th century Ottoman Shariah Code was built on the views of the Hanafi school.
- The most recent era has been that of the "Islamic revival", which has been "predicated on rejection of Western social and legal advances" and the development of specifically Islamic states, social sciences, economics, and finance.[14]
The formative period of Islamic jurisprudence stretches back to the time of the early Muslim communities. During this period, jurists were more concerned with issues of authority and teaching than with theory and methodology.[15]
Progress in theory and methodology happened with the coming of the early Muslim jurist
Secondary sources of law were developed and refined over the subsequent centuries, consisting primarily of juristic preference (
Diagram of early scholars
In the years proceeding Muhammad, the community in Madina continued to use the same rules. People were familiar with the practice of Muhammad and therefore continued to use the same rules.
The scholars appearing in the diagram below were taught by
Imam Jafar al-Sadiq, Imam Abu Hanifa and Malik ibn Anas worked together in
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In the books actually written by these original jurists and scholars, there are very few theological and judicial differences between them. Imam Ahmad rejected the writing down and codifying of the religious rulings he gave. They knew that they might have fallen into error in some of their judgements and stated this clearly. They never introduced their rulings by saying, "Here, this judgement is the judgement of God and His prophet."
These scholars did not distinguish between each other. They were not Sunni or Shia. They felt that they were following the religion of Abraham as described in the Quran "Say: Allah speaks the truth; so follow the religion of Abraham, the upright one. And he was not one of the polytheists" (Qur'an 3:95).
Most of the differences are regarding Sharia laws devised through
To reduce the divergence,
These original jurists and scholars also acted as a counterbalance to the rulers. When they saw injustice, all these scholars spoke out against it. As the state expanded outside Madina, the rights of the different communities, as they were constituted in the
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During the early Umayyad period, there was more community involvement. The Quran and Muhammad's example was the main source of law after which the community decided. If it worked for the community, was just and did not conflict with the Quran and the example of Muhammad, it was accepted. This made it easier for the different communities, with Roman, Persian, Central Asia and North African backgrounds to integrate into the Islamic State and that assisted in the quick expansion of the Islamic State. The scholars in Madina were consulted on the more complex judicial issues. The Sharia and the official more centralized schools of fiqh developed later, during the time of the Abbasids.[38]
Components
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The sources of Sharia in order of importance are
Primary sources
- Qur'an
- Hadith
Secondary sources
- 3. Ijma, i.e. collective reasoning and consensus amongst authoritative Muslims of a particular generation, and its interpretation by Islamic scholars.
- 4. Ijtihad, i.e. independent legal reasoning by Islamic jurists[39][40]
Majority of
The
Some topics are without precedent in Islam's early period. In those cases, Muslim jurists (
This wider concept of Islamic jurisprudence is the source of a range of laws in different topics that guide Muslims in everyday life.
Component categories
Islamic jurisprudence (fiqh) covers two main areas:
- Rules in relation to actions, and,
- Rules in relation to circumstances surrounding actions.
These types of rules can also fall into two groups:
- Worship (Ibadaat)
- Dealings and transactions (with people) (Mu`amalaat)
Rules in relation to actions ('amaliyya — عملية) or "decision types" comprise:
- Obligation (fardh)
- Recommendation (mustahabb)
- Permissibility (mubah)
- Disrecommendation (makrooh)
- Prohibition (haraam)
Rules in relation to circumstances (wadia') comprise:
- Condition (shart)
- Cause (sabab)
- Preventor (mani)
- Permit / Enforced (rukhsah, azeemah)
- Valid / Corrupt / Invalid (sahih, fasid, batil)
- In time / Deferred / Repeat (adaa, qadaa, i'ada)
Methodologies of jurisprudence
The
There are different approaches to the methodology used in jurisprudence to derive Islamic rulings from the primary sources of
- Fatawa
While using court decisions as legal precedents and case law are central to Western law, the importance of the institution of fatawa (non-binding answers by Islamic legal scholars to legal questions) has been called "central to the development" of Islamic jurisprudence.[44] This is in part because of a "vacuum" in the other source of Islamic law, qada` (legal rulings by state appointed Islamic judges) after the fall of the last caliphate the Ottoman Empire.[14] While the practice in Islam dates back to the time of Muhammad, according to at least one source (Muhammad El-Gamal), it is "modeled after the Roman system of responsa," and gives the questioner "decisive primary-mover advantage in choosing the question and its wording."[14]
- Arguments for and against reform
Each school (
Early
Fields of jurisprudence
- Criminal
- Economics
- Etiquette
- Family
- Hygienical
- Inheritance
- Marital
- Military
- Political
- Theological
Schools of jurisprudence
There are several
The schools of
- Hanafi (Turkey, Egypt, Balkans, Levant, Central Asia, South Asia, China, North Caucasus, and Tatarstan)
- Maliki (North Africa, West Africa, and Eastern Arabia)
- Shafi'i (Indonesia, Malaysia, Brunei, Kurdistan, Egypt, East Africa, Yemen, Kerala, and Maldives)
- Hanbali (Saudi Arabia) see Wahhabism
- )
- Ahl al-Hadith
- Qurtubino longer exist.
The schools of
- )
- )
- Zaydi (minority communities in Yemen)
Entirely separate from both the Sunni and Shia traditions,
- Ibadi (Oman)
These schools share many of their rulings, but differ on the particular hadiths they accept as authentic and the weight they give to analogy or reason (qiyas) in deciding difficulties.
The relationship between (at least the Sunni) schools of jurisprudence and the conflict between the unity of the Shariah and the diversity of the schools, was expressed by the 12th century Hanafi scholar Abu Hafs Umar al-Nasafi, who wrote: "Our school is correct with the possibility of error, and another school is in error with the possibility of being correct."[46]
Influence on Western laws
A number of important legal
The
In classical Islamic jurisprudence, litigants in court may obtain
Several other fundamental
See also
- Abdallah al-Harari
- Traditionalist theology
- Bahar-e-Shariat
- Glossary of Islam
- Index of Islam-related articles
- Ja'fari jurisprudence
- Outline of Islam
- List of Islamic terms in Arabic
- Ma'ruf
- Javed Ahmed Ghamidi
- Palestinian law
- Schools of Islamic theology
- Sources of Islamic law
- Urf
References
Notes
- Hanbali scholar/preacher Al-Hasan ibn 'Ali al-Barbahari (d.941) who ruled the streets of Baghdad from 921-941 CE, insisted that "whoever asserts that there is any part of Islam with which the Companions of the Prophet did not provide us has called them [the Companions of the Prophet] liars".[13]
Citations
- ^ "fiqh". Collins English Dictionary.
- ^ a b Fiqh Encyclopædia Britannica
- ^ ISBN 9004110623.
- ^ Glasse, Cyril, The New Encyclopedia of Islam, Altamira, 2001, p. 141
- ^ Calder 2009.
- ^ Schneider 2014.
- ISBN 978-0994240989. Archived from the original(PDF) on 2 August 2019. Retrieved 22 December 2017.
- ^ Levy (1957). p. 150.
- ^ أنیس, إبراهیم (1998). المعجم الوسیط. بیروت، لبنان: دارالفکر. p. 731.
- JSTOR 3399422.
- ^ a b Hawting, "John Wansbrough, Islam, and Monotheism", 2000: p.513
- ^ Hoyland, In God's Path, 2015: p.223
- ISBN 0192853449.
- ^ a b c d e f g h i j El-Gamal, Islamic Finance, 2006: pp. 30–31
- ^ Weiss, Bernard G. (2002). Studies in Islamic Legal Theory, edited by Bernard G. Weiss, (Leiden: E. J. Brill, 2002. pp. 3, 161.)
- ^ Weiss, Bernard G. (2002). Studies in Islamic Legal Theory, edited by Bernard G. Weiss, (Leiden: E. J. Brill, 2002. p. 162.)
- ^ Nyazee, Imran Ahsan Khan (2000). Islamic Jurisprudence (UsulAI-Fiqh). Islamabad: Islamic Research Institute Press.
- ISBN 9780595501571.
- ISBN 9781841135014.
- ^ "ulama". bewley.virtualave.net. Archived from the original on 21 October 2014. Retrieved 25 February 2013.
- ^ a b c "Muwatta". bewley.virtualave.net. Archived from the original on 13 October 2010. Retrieved 13 November 2023.
- ^ ISBN 9780748605149.
- ISBN 9004097910.
- ISBN 9789652640147.
- ^ Al-Muwatta of Imam Malik Ibn Anas, translated by Aisha Bewley (Book #5, Hadith #5.9.23) (Book #16, Hadith #16.1.1) (Book #17, Hadith #17.24.43) (Book #20, Hadith #20.10.40) (Book #20, Hadith #20.11.44) (Book #20, Hadith #20.32.108) (Book #20, Hadith #20.39.127) (Book #20, Hadith #20.40.132) (Book #20, Hadith #20.49.167) (Book #20, Hadith #20.57.190) (Book #26, Hadith #26.1.2) (Book #29, Hadith #29.5.17) (Book #36, Hadith #36.4.5) Al-Muwatta' Archived 13 October 2010 at the Wayback Machine
- ISBN 9789793780191.
- ISBN 9780415240321.
- ISBN 9781134605538.
- ^ "Jafar Al-Sadiq".
- ^ "IMAM JAFAR BIN MUHAMMAD AS-SADIQ (AS)". www.ziaraat.org. Archived from the original on 22 August 2023. Retrieved 13 November 2023.
- ^ ISBN 9780195154689.
- ^ "Surat Al-Ma'idah [5:3] - The Noble Qur'an - القرآن الكريم". Archived from the original on 25 September 2013. Quran Surah Al-Maaida ( Verse 3 ) Archived 12 June 2018 at the Wayback Machine
- ^ Bukhari, Sahih. "Sahih Bukhari : Read, Study, Search Online".
- ^ Nahj ul Balagha Letter 54
- ISBN 9960-892-88-3.
- ^ "The Advice of Asmaa bint Abu Bakr (ra) to her son Abdullah Ibn Zubair (ra)". Ummah.com - Muslim Forum. Archived from the original on 25 February 2021. Retrieved 20 September 2021.
- ^ Nahj al-Balagha Sermon 71, Letter 27, Letter 34, Letter 35
- ^ Muawiya Restorer of the Muslim Faith By Aisha Bewley p. 68
- ISBN 1-881963-55-1.
- ^ ISBN 9780759109919. Retrieved 17 August 2016.
- ISBN 978-0-521-80332-8.
- .
- ^ Mansoor Moaddel, Islamic Modernism, Nationalism, and Fundamentalism: Episode and Discourse, pg. 32. Chicago: University of Chicago Press, 2005.
- ^ El-Gamal, Islamic Finance, 2006: p. 32
- ISBN 978-1786733900.
The place of the Ismailis within the theological pluralism of the Muslim community is best summarised by their Imam's statement to the International Islamic Conference held in Amman in July 2005: "Our historic adherence is to the Ja'fari madhhab and other madhahib of close affinity, and it continues, under the leadership of the hereditary Ismaili Imam of the time. This adherence is in harmony also with our acceptance of Sufi principles of personal search and balance between the zahir and the spirit or the intellect which the zahir signifies."
- ISBN 978-1780744209. Retrieved 4 June 2018.
- JSTOR 839667.
- ^ Gaudiosi 1988
- ^ Gaudiosi 1988, pp. 1237–40
- ^ Hudson 2003, p. 32
- ^ Gaudiosi 1988, pp. 1244–45
- ISBN 9780198298847.
- ISBN 9780226749358.
- ISBN 9781108960137.
- ISBN 9780873959889.
- ]
- ^ a b c Makdisi, John (1 June 1999). "The Islamic Origins of the Common Law". North Carolina Law Review. 77 (5): 1635. Retrieved 25 May 2020.
- ISBN 0-521-86414-3.
Bibliography
- Calder, Norman (2009). "Law. Legal Thought and Jurisprudence". In John L. Esposito (ed.). The Oxford Encyclopedia of the Islamic World. Oxford: Oxford University Press. Archived from the original on 21 November 2008.
- Doi, Abd ar-Rahman I., and Clarke, Abdassamad (2008). Shari'ah: Islamic Law. Ta-Ha Publishers Ltd., ISBN 978-1-84200-087-8(hardback)
- Cilardo, Agostino, "Fiqh, History of", in Muhammad in History, Thought, and Culture: An Encyclopedia of the Prophet of God (2 vols.), Edited by C. Fitzpatrick and A. Walker, Santa Barbara, ABC-CLIO, 2014, Vol I, pp. 201–206.
- Dahlén, Ashk (2003), Islamic Law, Epistemology and Modernity. Legal Philosophy in Contemporary Iran, New York: Routledge, ISBN 9780415945295
- El-Gamal, Mahmoud A. (2006). Islamic Finance : Law, Economics, and Practice (PDF). Cambridge University Press. Archived from the original (PDF) on 3 April 2018. Retrieved 28 February 2017.
- Gaudiosi, Monica M. (April 1988). "The Influence of the Islamic Law of Waqf on the Development of the Trust in England_ The Case of Merton College". S2CID 153149243.
- Hawting, G.R. (2000). "16. John Wansbrough, Islam, and Monotheism". The Quest for the Historical Muhammad. New York: Prometheus Books. pp. 489–509.
- Hudson, A. (2003). Equity and Trusts (3rd ed.). London: Cavendish Publishing. ISBN 978-1-85941-729-4.
- Levy, Reuben (1957). The Social Structure of Islam. UK: Cambridge University Press. ISBN 978-0-521-09182-4.
- Makdisi, John A. (June 1999). "The Islamic Origins of the Common Law". North Carolina Law Review. 77 (5): 1635–1739.
- Schneider, Irene (2014). "Fiqh". In Emad El-Din Shahin (ed.). The Oxford Encyclopedia of Islam and Politics. Oxford University Press. ISBN 9780199739356.
Further reading
- Potz, Richard, Islamic Law and the Transfer of European Law, Institute of European History, 2011. (Retrieved 28 November 2011.)
- [Saeed, Abu Hayyan, Jurisprudence of Islam (December 3, 2023). Available at SSRN: https://ssrn.com/abstract=4651796 or http://dx.doi.org/10.2139/ssrn.4651796]
External links
- Types of Hanafi Legal Rulings (Ahkam)
- [Saeed, Abu Hayyan, Jurisprudence of Islam (December 3, 2023). Available at SSRN: https://ssrn.com/abstract=4651796 or http://dx.doi.org/10.2139/ssrn.4651796]
Media related to Fiqh at Wikimedia Commons
