Fiqh Schools

• Concept of Fiqh
• Causes behind the
emergence of fiqh
• Sources of fiqh
• Types of Fiqh
• Difference between
shari’ah and Fiqh
• Verses about Fiqh
Objectives:
• To be aware of the other
types of Fiqh.
• To understand the
concept of it.
• To be informed about the
emergence.

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 WHAT IS FIQH?

The word fiqh is an Arabic term

meaning "deep understanding"or
"full comprehension". Strictly
speaking, In Islamic terms it means
to understand the orders of Allah
through authentic sources including
The Holy Quran, the sayings of
Prophet and great Imams of Fiqh. 
Faqih means the person who is
master in the discipline of fiqh.
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 Concept of FIQH
Conceptually, the human attempt to
understand divine law ( Shariah ).

• Whereas shariah is immutable and infallible,

Fiqh is fallible and changeable. Fiqh is
distinguished from usul – al – fiqh, the
methods of legal interpretation and analysis.
Fiqh is the product of application of usul – al
– fiqh, the total product of human
understanding the divine will. A hukm is a
particular ruling in a given case.

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 The Emergence of Fiqh • The Iraqi School
-This school was established because
Schools a greater group of companions immigrated
to Iraq more than to any other of the new
territories ; more than 300 of the
A Fiqh (jurisprudence) school means a companions went to Iraq in addition to the
style and methodology followed by an
fact that the Caliphate moved there after
Islamic jurist (Faqih): others come and
adopt this style and methodology and madina and al- Sham (Syria)
follow them until they become known
by this style and methodology. The
most prominent among these schools
were:
• The Madinah School
-was the first fiqh school, and was the
capital city of islam and the abode of the
Prophet and his companions.

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THE SOURCES OF FIQH
According to Imam Abu Haneefa, the sources of Fiqh are:
• The Qur’an,
• Sunnah of the Prophet,
• Ijma (consensus) of some, not necessarily all of the Companions,
• Qiyas (deduction by analogy to similar cases which had been decided on the basis of the first three principles) and,
• Istihsan (creative juridical opinion based on sound principles).

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 Types of Fiqh

Its types: The scholars divide fiqh into seven types and they are:

•al-ibaadaat (worship), those rulings connected to worshipping • al-uqoobaat (punishments), the rulings

Allaah such as prayerand fasting
pertaining to prescribed punishments,
•al-ahwaal al-shakhsiyyah (personal affairs) such as the rulings retribution and reprimand, chastisement.
connected to the family, marriage and divorce
• al-huqooq al-duwaliyyah (state rights),
•al-mu'aamalaat (dealings), those rulings that define and rules that define the relationship between an
arrange relationships between people such as trade, contracts Islamic state with other states
and so on.
• al-aadaab (manners), rulings pertaining to
•al-ahkaam al-sultaaniyyah (rulership and governance), those
rulings that arrange and organize the relationship between the
manners, character, etiquette.
ruler and the ruled.

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 DIFFERENCE BETWEEN SHARI’AH AND
FIQH
Fiqh has been used in the Qurān in this meaning:
ٌ ُ‫َل ُه ْم قُل‬
َ ‫وب الَّ َي ْف َقه‬
‫ُون ِب َها‬
They have hearts wherewith they understand not.

SHARIAH
• Shari’ah is the standard of how a Muslim
is to live his/her life from ‘ibadat (worship)
to m’aamalaat (business transactions
and dealings between Muslims) as well
as penal code (crime and punishment)
and family law (inheritance, marriage and
divorce).
• Shari’ah is according to the Qur’an,
which is considered sacred, and the
sunnah of Rasool Allah (SAS) and cannot
be altered.
FIQH
• Fiqh is the understanding of the
Shari’ah.
• When a dispute arises, ijmaa’
(gathering) takes place to determine
the best course of action (consensus)
according to the Shari’ah.
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 VERSES ABOUT FIQH
-referring to the disbelievers’ failure to accept God’s revelation and
appreciate His signs.
• We have assigned to hell many jinn and
humans: they have hearts but they do not
understand (la yafqahuna) with them; they
have eyes but they do not see with them;
and they have ears but they do not hear
with them. They are like cattle — rather, • That is because they (the hypocrites)
they are further astray. Those are the believed then disbelieved; therefore a seal
heedless. (7.179) has been set on their hearts, so they do not
understand (la yafqahuna). (63.3)
• You (the believers) cause greater fear in
their (the disbelievers) hearts than Allah.
This is because they are a people who do
not understand (la yafqahuna). (59.13)
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BIG IMAGE

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