Fiqh

Fiqh (Arabic: ‫فقه‬‎[fiqh]) is Islamic jurisprudence. Fiqh is an expansion of the code of conduct (Sharia) expounded in the Quran, often supplemented by tradition (Sunnah) and implemented by the rulings and interpretations ofIslamic jurists. Fiqh deals with the observance of rituals, morals and social legislation in Islam. There are four prominent schools (madh'hab) of fiqh within Sunni practice and two within Shi'a practice. A person trained in fiqh is known as a Faqih (plural Fuqaha).[1]
Contents

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1 Etymology 2 Introduction 3 Component Categories 4 Fields of jurisprudence 5 Methodologies of jurisprudence

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5.1 Sunni jurisprudence 5.2 Shi'ite jurisprudence

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5.2.1 Ja'fari jurisprudence 5.2.2 Ismaili jurisprudence 5.2.3 Zaidi jurisprudence

5.3 Ibadi jurisprudence 5.4 Arguments for and against reform

6 Diagram of early scholars 7 Early history 8 Possible links with Western law 9 See also 10 Notes 11 References 12 External links 13 Further reading

Etymology[edit source | editbeta]

Details about these issues can be found in the traditions of Muhammad. 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. It is thus possible to speak of Chief Justice John G. Muslim jurists ( Fuqaha) try to arrive at conclusions by other means. and a plurality utilize juristic preference (Istihsan). 2. Rules in relation to circumstances surrounding actions. but on other issues. and. In Modern Standard Arabic. Rules in relation to actions. or of Abdel Razzaq El sanhouri Pasha as an expert in the civil law fiqh of Egypt. and is calledfiqh. a majority in the modern era also use analogy(Qiyas) and weigh the harms and benefits of new topics (Istislah). disapproved (makrūh) or neutral (mubah)". be it Islamic or secular. Some topics are without precedent in Islam's early period. This division of interpretation in more detailed issues has resulted in different schools of thought (madh'hab). In those cases. Introduction[edit source | editbeta] The Qur'an gives clear instructions on many issues. For example the Qur'an states one needs to engage in daily prayers (salat) and fast (sawm) during the month of Ramadan but some Muslims believe they need further instructions on how to perform these duties. The historian Ibn Khaldun describes fiqh as "knowledge of the rules of God which concern the actions of persons who own themselves bound to obey the law respecting what is required (wajib). These types of rules can also fall into two groups: . so Qur'an and Sunnah are in most cases the basis for (Shariah).[2] This definition is consistent amongst the jurists. Thus.The word fiqh is an Arabic term meaning "deep understanding" or "full comprehension". fiqh is not regarded as sacred and the schools of thought have differing views on its details. such as how to perform the ritual purification (wudu) before the obligatory daily prayers (salat). recommended (mandūb). Sunni jurists use historical consensus of the community (Ijma). in contrast to the sharia. without viewing other conclusions as sacrilegious. Roberts. sinful (haraam). Component Categories[edit source | editbeta] Islamic jurisprudence (fiqh) covers two main areas: 1. The conclusions arrived at with the aid of these additional tools constitute a wider array of laws than the Sharia consists of. some Muslims believe the Qur'an alone is not enough to make things clear. Jr. as an expert in the common law fiqh of the United States. This wider concept of Islamic jurisprudence is the source of a range of laws in different topics that govern the lives of the Muslims in all facets of everyday life. fiqh has come to mean jurisprudence in general.

Worship (Ibadaat) 2. Cause (sabab) 3. In time / Deferred / Repeat (adaa. Preventor (mani) 4. Permissibility (mubah) 4. azeemah) 5. Valid / Corrupt / Invalid (sahih. batil) 6. 1. . Disrecommendation (makrooh) 5. Dealings & Transactions (with people) (Mu`amalaat) Rules in relation to actions ('amaliyya — ‫ )عملية‬comprise: 1. Permit / Enforced (rukhsah.1. Obligation (fardh) 2. faasid. qadaa. i'ada) Fields of jurisprudence[edit source | editbeta]          Islamic economical jurisprudence Islamic political jurisprudence Islamic marital jurisprudence Islamic inheritance jurisprudence Islamic criminal jurisprudence Islamic etiquettical jurisprudence Islamic theological jurisprudence Islamic hygienical jurisprudence Islamic military jurisprudence Methodologies of jurisprudence[edit source | editbeta] Main article: Usul al-fiqh The Modus operandi of the Muslim jurist is known as principles of jurisprudence. Condition (shart) 2. Prohibition (haraam) Rules in relation to circumstances (wadia') comprise: 1. Recommendation (mustahabb) 3.

The extant schools share most of their rulings.There are different approaches to the methodology used in jurisprudence to derive Islamic law from the primary sources. the differences among the Shi'ite schools is considerably greater. Ismaili jurisprudence[edit source | editbeta] Daim al-Islam is a book on the rulings of Islam followed by Ismaili Muslims who adhere to the Shi'a Ismaili Fatimid fiqh. The book emphasizes what importance Islam has given to manners and etiquette along with the worship of God. While both Sunni and Shi'ite are divided into smaller sub-schools. Shi'ite jurisprudence[edit source | editbeta] Ja'fari jurisprudence[edit source | editbeta] The Ja'fari school is associated with Ja'far al-Sadiq. The Zahiri school remains in existence but outside of the mainstream. The main methodologies are those of the Sunni. Shi'a and Ibadi denominations. The Ja'fari school is also more flexible in that every jurist has considerable power to alter a decision according to his reasoning. The Jafari school uses the intellect instead of analogy when establishing Islamic laws. It describes manners and etiquette. as opposed to common Sunni practice. The time and space bound rulings of early jurists are taken more seriously in this school. Ibadites only follow a single school without divisions. likely due to the more hierarchical structure of Shia Islam which is ruled by the Shi'iteImams. citing the traditions of the first four Imams of the Shi'a Ismaili Fatimid school of thought. Sunni jurisprudence[edit source | editbeta] Map of the Muslim world with the main madhhabs Sunni schools of jurisprudence are each named after the classical jurist who taught them. Maliki and Hanbali rites. while the Jariri. Laythi. including Ibadat in the light of guidance provided by the Ismaili Imams. Shafi'i. . but differ on the particular practices which they may accept as authentic and the varying weights they give to analogical reason and pure reason. The four primary Sunni schools are the Hanafi. Awza'i and Thawri have since become extinct.

After the passing of Muhammad. the principles they are based upon are universal such as justice. showing people how he practically implemented these rules in a society. e. and some modern Muslim scholars believe that it should be renewed. used the Hanafi jurisprudence. the fundamentals of human life have not and is in the scope of current laws. in turn. Diagram of early scholars[edit source | editbeta] The Quran set the rights. equality and respect. Muhammad then provided an example.g. This would require formulating a new fiqh suitable for the modern world.[3] This is likely due to the general trend of Sunni resemlbance within Zaidi beliefs. But their views are Hadiths in the books written by Imams Abu Hanifa and Imam Malik ibn Anas. This modernization is opposed by most conservative ulema. and reflect a culture that simply no longer exists. Traditional scholars hold that the laws are contextual and consider circumstance such as time. there was a . made them far easier to imitate (taqlid) than to challenge in new contexts. Therefore the Zaydis to this day and originally the Fatamids. After the passing of Muhammad.Zaidi jurisprudence[edit source | editbeta] Zaidi jurisprudence follows the teachings of Zayd ibn Ali. In terms of law. the Zaidi school is quite similar to the Hanafi school from Sunni Islam. like not dealing in interest. Imams Abu Hanifa and Imam Malik ibn Anas worked together in Al-Masjid an-Nabawi in Medina along with over 70 other leading jurists and scholars.[4][5][6] Ibadi jurisprudence[edit source | editbeta] The Ibadi school of Islam is named after Abd-Allah ibn Ibadh. though he is not necessarily the main figure of the school in the eyes of its adherents. the responsibilities and the rules for people and for societies to adhere to. Traditional scholars hold that religion is there to regulate human behavior and nurture people's moral side and since human nature has not fundamentally changed since the beginning of Islam a call to modernize the religion is essentially one to relax all laws and institutions. as did most Sunnis. as proposed by advocates of theIslamization of knowledge. when rulings were made. which developed to validate hadith made it relatively easy to record and validate also the rulings of jurists. This. The argument is. Ibadism is distinct from both Sunni and Shi'ite Islam not only in terms of its jurisprudence. place and culture. Jafar al-Sadiq and Zayd ibn Ali did not them selves write any books. that the classical jurists themselves lived in. which is recorded in the hadith books. Many Muslim scholars argue that even though technology may have advanced. Imam Zayd ibn Ali. but also its core beliefs. Imam Jafar al-Sadiq. Some suggest that the discipline of isnad. the schools have been more or less frozen for centuries. Arguments for and against reform[edit source | editbeta] Each school reflects a unique al-urf or culture (a cultural practice that was influenced by traditions). and that the classical jurists should lose special status. which would deal with the modern context. Early shariah had a much more flexible character.

While the Shias who constitute around 10-20% of the Muslims are more hereditary and only accept Ali the fourth caliph and only accept the male descendent of Ali through his son Hussein as imams. and Malik ibn Anas. the second Caliph from his mothers side. Abu Hanifa.need for jurists. According to Ibn Katheer.[10][11][12] The Muwatta[9] by Malik ibn Anas quotes 13 hadiths from Imam Jafar al-Sadiq.[7][8] In the years proceeding Muhammad. Aishas also taught her nephew Urwah ibn Zubayr. Raja bin Haiwah for the Ummayad ruler Sulaiman said that when Sulaiman the Ummayad ruler was on his death bed I told him "Indeed amongst the things that preserves the caliph in his grave is his appointment of a righteous man over the muslims. Zayd ibn Ali and over 70 other leading jurists and scholars. Umar bin Abdul Azeez. The differences between the denominations in Islam are primarily political. Qasim ibn Muhammad ibn Abu Bakr. All these scholars were taught by Muhammads companions. After his appointment he set up a committee of the main jurist in Madina including Qasim ibn Muhammad ibn Abu . the Sunnis accept all the first four caliphs. examples of Muhammad. Aisha raised and taught her nephew Qasim ibn Muhammad ibn Abu Bakr after her brother Muhammad ibn Abu Bakr was killed by the Syrians. of these scholars. many of whom settled in Madina. Muhammad al-Baqir. He then taught his son Hisham ibn Urwah. also a renowned scholar of her time. The Sunnis give more importance to the Quran and the books containing the hadith. to decide on new legal matters where there is no such ruling in the Quran or the Hadith. The twelver Shia do not accept Abu Bakr as the first caliph but do accept his great grand son Jafar al-Sadiq. All the Muslims follow the Quran and the example of Muhammad. To allow the Ummayads to accept this. as they were elected by the community. Jafar al-Sadiq. Along with Qasim ibn Muhammad ibn Abu Bakr. but since all the early scholars and all the four caliphs worked together. example of Islamic prophet Muhammad regarding a similar case. They also accept all the early imams (scholars) for their knowledge. Ibn Jareer said that the minister of marriage. Hisham ibn Urwah and Muhammad al-Baqir taughtZayd ibn Ali. who was the main teacher of Malik ibn Anas whose views many Sunni follow and also taught Jafar al-Sadiq.[13] Much of the knowledge we have about Muhammand is narrated through Aisha the wife of Muhammad. Therefore Qasim ibn Muhammad ibn Abu Bakr was the grand son of Abu Bakr the first caliph and the grand father of Jafar alSadiq whose views the twelver Shias follow. Qasim ibn Muhammad ibn Abu Bakrs mother was from Alis family and Qasims daughter Farwah bint alQasim was married to Muhammad al-Baqir and was the mother of Jafar al-Sadiq.[14] Umar bin Abdul Azeez was a grand son of Omar. But different branches of Shia accept different brothers. Muwatta[9] by Malik ibn Anas was written as a consensus of the opinion. Imam Jafar al-Sadiq whose views many Shias follow and Imam Abu Hanifa and Malik ibn Anas whose views most Sunnis follow worked together in Al-Masjid an-Nabawi in Medina." So he wrote a letter appointing a scholar from Madina. Raja then advised him to make his brother Yazeed bin Adbul Malik the successor after Umar bin Abdul Azeez.

Central Asia and North African backgrounds to integrate into the Islamic State and that assisted in the quick expansion of the Islamic State. Before this point. If it worked for the community.[15] The work of Malik ibn Anas and successive jurists is also based on the work of this early committee in Madina. Ahmad ibn Hanbal was taught by Al-Shafi‘i. 30 years later the Ummayad rule came to an end. The scholars in Madina were consulted on the more complex judicial issues. The Sharia and the official more centralized schools of fiqh developed later. there was a lot of debate on legal matter.Bakr. Sulaiman bin Yasar. Abdullah bin Amir bin Rabee'ah and Kharijah bin Zaid bin Thabit. in Madina to advise on legal matters. This reduced the finances and reduced external expansion. After the death of Umar bin Abdul Azeez. This made it easier for the different communities. Abu Bakr bin Sulaiman bin Abu Hathmah. Persian. the Ummayad ruler Yazeed bin Adbul Malik took over and tried to reinstate the taxes which resulted in rebellion. The Quran and Muhammad's example was the main source of law after which the community decided. Ubaidullah bin Abdullah bin Utbah.[16] Madina at the time had the largest number of Muhammad's companions. it was accepted. Salim bin Abdullah.[17] Umar bin Abdul Azeez also reduced the taxes the Muslims were paying. during the early Ummayad period and there was more community involvement. Muhammad alBukhari travelled every where collecting hadith and his father Ismail ibn Ibrahim was a student of Malik ibn Anas[20][21][22][23][24][25] . with Roman.[18][19] During the Abbasids period fiqh became more centralized[17] Al-Shafi‘i was taught by Malik ibn Anas. during the time of the Abbasids. Malik ibn Anas also refers to these Fuqaha' of Madina. Urwah ibn Zubayr. Abu Bakr bin Abdur-Rahman bin al-Harith bin Hisham. was just and did not conflict with the Quran and the example of Muhammad.

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