Fiqh (;"fiqh". Collins English Dictionary. ) is the term for Islamic jurisprudence.Fiqh Encyclopædia Britannica Fiqh is often described as the style of human understanding, research and practices of the sharia; that is, human understanding of the divine Islamic law as revealed in the Quran as well as the sunnah (the teachings and practices of the Islamic prophet Muhammad and his companions). Fiqh expands and develops sharia through interpretation (ijtihad) of the Quran and sunnah by Islamic jurists (ulama) and is implemented by the rulings (fatwa) of jurists on questions presented to them. Thus, whereas sharia is considered immutable and infallible by Muslims, fiqh is considered fallible and changeable.
Fiqh deals with the observance of rituals, morals and social legislation in Islam as well as economic and political system. In the modern era, there are four prominent schools (madh'hab) of fiqh within Sunni practice, plus two (or three) within Shi'a practice. A person trained in fiqh is known as a ( ).Glasse, Cyril, The New Encyclopedia of Islam, Altamira, 2001, p. 141
Figuratively, fiqh means knowledge about Islamic legal rulings from their sources. Deriving religious rulings from their sources requires the mujtahid (an individual who exercises ijtihad) to have a deep understanding in the different discussions of jurisprudence.
The studies of fiqh are traditionally divided into uṣūl al-fiqh (principles of Islamic jurisprudence, lit. "the roots of fiqh"), the methods of legal interpretation and analysis, and furūʿ al-fiqh (lit. "the branches of fiqh"), the elaboration of rulings on the basis of these principles. Furūʿ al-fiqh is the product of the application of uṣūl al-fiqh and the total product of human efforts at understanding the divine will. A hukm (pl. aḥkām) is a particular ruling in a given case.
Etymology The word fiqh is an Arabic term meaning "deep understanding" or "full comprehension". Technically it refers to the body of Islamic law extracted from detailed Islamic sources (which are studied in the principles of Islamic jurisprudence) and the process of gaining knowledge of Islam through jurisprudence. The historian Ibn Khaldun describes fiqh as "knowledge of the rules of God which concern the actions of persons who own themselves connected to obey the law respecting what is required (wajib), sinful (haraam), recommended (mandūb), disapproved (makrūh), or neutral (mubah)".Levy (1957). p. 150. This definition is consistent amongst the jurists.
In Modern Standard Arabic, fiqh has also come to mean Islamic jurisprudence. 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: God → Muhammad → Companions → Followers → Fiqh. 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 Sahabah or Companions) heard and obeyed, and passed this essence of Islam to succeeding generations (Tabi'un and Tabi' al-Tabi'in or successors/followers and successors of successors), as Muslims and Islam spread from West Arabia to the conquered lands north, east, and west,Hoyland, In God's Path, 2015: p.223 where it was systematized and elaborated.Hawting, "John Wansbrough, Islam, and Monotheism", 2000: p.513
The history of Islamic jurisprudence is "customarily divided into eight periods":El-Gamal, Islamic Finance, 2006: pp. 30–31 the first period ending with the death of Muhammad in 11 AH. second period "characterized by personal interpretations" of the canon by the Sahabah or companions of Muhammad, lasting until 50 AH. 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". the "golden age of classical Islamic jurisprudence" from the "early second to the mid-fourth century when the eight "most significant" schools of Sunni and Shi'i jurisprudence emerged." from the mid-fourth century to mid-seventh AH Islamic jurisprudence was "limited to elaborations within the main juristic schools". the "dark age" of Islamic jurisprudence stretched from the fall of Baghdad in 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. 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. 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.Weiss, Bernard G. (2002). Studies in Islamic Legal Theory, edited by Bernard G. Weiss, (Leiden: E. J. Brill, 2002. pp. 3, 161.)
Progress in theory and methodology happened with the coming of the early Muslim jurist Muhammad ibn Idris ash-Shafi`i (767–820), who codified the basic principles of Islamic jurisprudence in his book ar-Risālah. The book details the four roots of law (Qur'an, sunnah, ijma, and qiyas) while specifying that the primary Islamic texts (the Qur'an and the hadith) be understood according to objective rules of interpretation derived from scientific study of the Arabic language.Weiss, Bernard G. (2002). Studies in Islamic Legal Theory, edited by Bernard G. Weiss, (Leiden: E. J. Brill, 2002. p. 162.)
Secondary sources of law were developed and refined over the subsequent centuries, consisting primarily of juristic preference (istihsan), laws of the previous prophets (shara man qablana), continuity (istishab), extended analogy (maslaha mursala), blocking the means (sadd al-dhari'ah), local customs (urf), and sayings of a companion of the Prophet (qawl al-sahabi).Nyazee, Imran Ahsan Khan (2000). Islamic Jurisprudence (UsulAI-Fiqh). Islamabad: Islamic Research Institute Press.
Diagram of early scholars
The Quran set the rights, responsibilities, and rules for people and societies to adhere to, such as dealing in interest. Muhammad then provided an example, which is recorded in the hadith books, showing people how he practically implemented these rules in a society. After the passing of Muhammad, there was a need for jurists, to decide on new legal matters where there is no such ruling in the Quran or the hadith, example of Muhammad regarding a similar case.
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 Muhammad's companions, many of whom settled in Madina. Muwatta by Malik ibn Anas was written as a consensus of the opinion, of these scholars. Muwatta by Malik ibn Anas quotes 13 hadiths from Imam Jafar al-Sadiq.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' Aisha also taught her nephew Urwah ibn Zubayr. He then taught his son Hisham ibn Urwah, who was the main teacher of Malik ibn Anas whose views many Sunni follow and also taught by Jafar al-Sadiq. Qasim ibn Muhammad ibn Abi Bakr, Hisham ibn Urwah and Muhammad al-Baqir taught Zayd ibn Ali, Jafar al-Sadiq, Abu Hanifa, and Malik ibn Anas.
Imam Jafar al-Sadiq, Imam Abu Hanifa and Malik ibn Anas worked together in Al-Masjid an-Nabawi in Medina, along with Qasim ibn Muhammad ibn Abi Bakr, Muhammad al-Baqir, Zayd ibn Ali and over 70 other leading jurists and scholars.
Al-Shafi'i was taught by Malik ibn Anas. Ahmad ibn Hanbal was taught by Al-Shafi'i. Muhammad al-Bukhari travelled everywhere collecting hadith and his father Ismail ibn Ibrahim was a student of Malik ibn Anas.
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." There is also very little text actually written down by Jafar al-Sadiq himself. They all give priority to the Qur'an and the hadith (the practice of Muhammad). They felt that the Quran and the Hadith, the example of Muhammad provided people with almost everything they needed. "This day I have perfected for you your religion and completed My favor upon you and have approved for you Islam as religion" (Qur'an 5:3). Quran Surah Al-Maaida ( Verse 3 )
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 Ijtihad where there is no such ruling in the Quran or the hadiths of Islamic prophet Muhammad regarding a similar case. As these jurists went to new areas, they were pragmatic and continued to use the same ruling as was given in that area during pre-Islamic times, if the population felt comfortable with it, it was just and they used Ijtihad to deduce that it did not conflict with the Quran or the Hadith. As explained in the Muwatta by Malik ibn Anas. This made it easier for the different communities to integrate into the Islamic State and assisted in the quick expansion of the Islamic State.
To reduce the divergence, ash-Shafi'i proposed giving priority to the Qur'an and the Hadith (the practice of Muhammad) and only then look at the consensus of the Muslim jurists (ijma) and analogical reasoning (qiyas). This then resulted in jurists like Muhammad al-Bukhari dedicating their lives to the collection of the correct hadith, in books like Sahih al-Bukhari (Sahih translates as authentic or correct). They also felt that Muhammad's judgement was more impartial and better than their own.