Fiqh (Islamic Jurisprudence)

Fiqh is the human understanding and practice of Shariah. It covers all aspects of a Muslim’s life, providing guidelines on worship, transactions, family matters, and ethics.

Fiqh, or Islamic jurisprudence, is the process of deriving legal rulings from the Quran and Sunnah. It encompasses the comprehensive system of rules and guidelines that govern the lives of Muslims, covering areas such as worship, transactions, family relations, and criminal law.

Sources of Fiqh

1. Quran: The primary source of Islamic law, containing explicit directives and principles.
2. Sunnah: The sayings, actions, and approvals of Prophet Muhammad صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ, which provide context and elaboration on Quranic injunctions.
3. Ijma (Consensus): The agreement of Islamic scholars on a particular legal issue, reflecting a collective understanding.
4. Qiyas (Analogical Reasoning): The process of deriving rulings for new situations by drawing analogies with established rulings.

The Quran states: “So judge between them by what Allah has revealed and do not follow their inclinations away from what has come to you of the truth” (Quran 5:48), emphasizing the importance of adhering to divine guidance.

Schools of Islamic Jurisprudence

Fiqh has developed into several schools of thought, each with its methodology and principles. The four major Sunni schools are:

1. Hanafi: Founded by Imam Abu Hanifa, it emphasizes reason and analogy. It is the most widespread school, especially in South Asia and Turkey.
2. Maliki: Founded by Imam Malik, it heavily relies on the practice of the people of Medina as a source of law. It is predominant in North and West Africa.
3. Shafi’i: Founded by Imam al-Shafi’i, it systematizes the principles of jurisprudence and balances between textual evidence and rational deduction. It is prevalent in East Africa, Southeast Asia, and parts of the Middle East.
4. Hanbali: Founded by Imam Ahmad ibn Hanbal, it strictly adheres to the texts of the Quran and Hadith, with limited use of reason. It is primarily followed in Saudi Arabia and some parts of the Gulf.

Objectives of Shariah (Maqasid al-Shariah)

Fiqh aims to achieve the objectives of Shariah, which are to preserve and promote:

1. Religion (Deen): Ensuring the freedom to practice and propagate Islam.
2. Life (Nafs): Protecting the sanctity of human life.
3. Intellect (Aql): Safeguarding the mind and promoting intellectual development.
4. Lineage (Nasl): Protecting family and social structures.
5. Property (Mal): Ensuring the protection and lawful use of property.

These objectives ensure that Islamic law promotes justice, compassion, and the welfare of the community.

Application of Fiqh

Fiqh provides detailed rulings on various aspects of life, including:

• Ibadah (Worship): Guidelines for prayers, fasting, Zakat, and Hajj.
• Muamalat (Transactions): Regulations for business dealings, contracts, and financial transactions.
• Nikah (Marriage) and Talaq (Divorce): Rules governing family relationships, rights, and responsibilities.
• Hudud (Criminal Law): Prescribed punishments for specific offenses, ensuring justice and deterrence.

Methodology of Fiqh

Fiqh scholars employ a rigorous methodology to derive rulings:

1. Istihsan (Juristic Preference): Preferring a ruling that serves the public interest.
2. Istislah (Public Interest): Considering the welfare of the community in decision-making.
3. Istishab (Presumption of Continuity): Maintaining the status quo unless there is evidence to the contrary.
4. Urf (Custom): Taking local customs into account as long as they do not contradict Shariah.