Chapter 2
Shariah 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 
. 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 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 , 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).
. 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 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 , 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
|
Ideology
and faith
|
Sayings
|
Behavior
and manners
|
Actions
|
Practical
manners
Pertaining to family, business,
penal code, government, international law, economy. |
Concurrence
with others' actions
|
Characteristics
of the Prophet
|
|
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 . 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.
. 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
|
|
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 |
