Fiqh (Islamic Jurisprudence)

Fiqh in Islam

Understanding and applying Shariah in everyday life

Introduction

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. In essence, Fiqh is the process of deriving legal rulings from the Qur’an and Sunnah, forming a comprehensive system of rules and guidelines.

“So judge between them by what Allah has revealed and do not follow their inclinations away from the truth that has come to you.” Qur’an 5:48

Sources of Fiqh

1. Qur’an: The primary source of Islamic law, containing explicit directives and principles.
2. Sunnah: The sayings, actions, and approvals of the Prophet ﷺ, elaborating on Qur’anic injunctions.
3. Ijma (Consensus): The agreement of scholars on a legal matter, reflecting collective understanding.
4. Qiyas (Analogical Reasoning): Deriving rulings for new issues by analogy with established rulings.

Schools of Islamic Jurisprudence

Fiqh 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. Emphasizes reason and analogy. Widespread in South Asia and Turkey.
2. Maliki: Founded by Imam Malik. Relies heavily on the practice of the people of Medina. Predominant in North and West Africa.
3. Shafi‘i: Founded by Imam al-Shafi‘i. Systematized jurisprudence, balancing text and reasoning. Common in East Africa, Southeast Asia, and parts of the Middle East.
4. Hanbali: Founded by Imam Ahmad ibn Hanbal. Strictly adheres to Qur’an and Hadith, with limited reasoning. Followed mainly in Saudi Arabia and parts of the Gulf.

Objectives of Shariah (Maqasid al-Shariah)

The goals of Shariah are to preserve and promote:

1. Religion (Deen): Protecting freedom to practice Islam.
2. Life (Nafs): Safeguarding human life.
3. Intellect (Aql): Protecting the mind and promoting learning.
4. Lineage (Nasl): Preserving family and social structures.
5. Property (Mal): Protecting wealth and ensuring lawful use.

Application of Fiqh

Fiqh provides rulings on every aspect of life, such as:

• Ibadah (Worship): Prayer, fasting, zakat, and hajj.
• Muamalat (Transactions): Business, contracts, and finance.
• Nikah (Marriage) and Talaq (Divorce): Family relations, rights, and responsibilities.
• Hudud (Criminal Law): Prescribed punishments ensuring justice and deterrence.

Methodology of Fiqh

Scholars use detailed methods to derive rulings:

1. Istihsan (Juristic Preference): Preferring a ruling that better serves public interest.
2. Istislah (Public Interest): Ensuring rulings align with community welfare.
3. Istishab (Presumption of Continuity): Maintaining the status quo unless evidence shows otherwise.
4. ‘Urf (Custom): Considering cultural practices that do not contradict Shariah.

References

Primary Sources

• Qur’an 5:48 : Judge by what Allah has revealed.
• Qur’an 16:44 : The Prophet ﷺ explains revelation.
• Sahih al-Bukhari 8 : Islam is built upon five pillars.

Secondary Sources

• Imam al-Shatibi, al-Muwafaqat : Foundational text on Maqasid al-Shariah.
• Ibn Rushd, Bidayat al-Mujtahid : Comparative study of fiqh rulings.
• Ibn Qudamah, al-Mughni : Comprehensive Hanbali jurisprudence.
• Imam al-Shafi‘i, al-Risalah : Early work systematizing fiqh methodology.