International Islamic University Malaysia Department of Fiqh and Usul al-Fiqh Introduction to al-Fiqh (RKFQ 2062)

Lecture 1 Thursday, 7 February 2013

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Shariah and Fiqh

- Definition - Subject matter - characteristics

Definition of Fiqh: Literal meaning: - Understanding ( )and discernment. - Profound and correct understanding - Fiqh in Al-Quran: This word used 20 times on several occasions (See: An-Nisa: 78, al-Anam: 25, 65, 98, Al-Araf: 179, al-Anfal: 65, at-Taubah: 81, 87, 122, 127, Hud: 91, al-Isra: 44, 46, al-Kahfi: 57, 93, Taha: 28, al-Fath: 15, al-Hashr, 13, al-Munafiqun: 3, 7). .)78 : ( )28-25 : ( - Fiqh in Hadith: ) ( He for whom Allah wills His blessings is granted the understanding of din (Islamic religion). ) ( O Allah, make him (Ibn Abbas) understand the din.

Shariah
Literal meaning of Shariah : a. the road to the watering place b. the straight path to be followed Originated from [ ] which means: to legislate, to make law, to enact. Word Shariah in al-Quran: .)18 : > ) Then We have put you )Muhammad) on a plain way )Shariah) of (Our) commandement. So, follow you that, and follow not the desires of those who know not. )Al-Jathyah: 18).

Technical meaning of Shariah

1. The canon law of Islam, all the different commandments of Allah to mankind )al-Qurtubi). 2. The injunctions revealed to the Prophets of Allah related to law or belief. )Az-Zahawi). 3. The Injunctions of Allah or the way of Islam )Ali alJurjani). 4. The sum total of Islamic teacing and system, which was revealed to the Prophet Muhammad (saw) recorded in theQuran as well as deducible from the Prophets divinely guided life style )sunnah). )Abdul Karim Zaydan).

AL-SHARIAH AL-ISLAMIYYAH

AQIDAH
FIQH
(known as shariah I n muslim society)

AKHLAK

Sharia Values

Values connected with belief ))

Values connected with the sayings and actions of man in respect of his relation with others )) =

Values connected with ethics ) = )

Aim: to regulate relations between individuals

Aim: to regulate individuals relations with his Lord

Shariah Covers

- Mans relation with himself - Mans relation with his fellow man - Mans relation with God - Mans relation with society - Mans relation with the universe

DEFINITION OF FIQH Literal Meaning

Derived from the root word of [ ]: - Comprehension or True understanding Allah says: [ ] "And make loose the knot (the defect) from my tongue, that they understand my speech [Taha: 27]
The Prophet s.a.w. makes dua for Ibn Abbs by saying, "" O, Allah, teach him al-Dn (Islamic religion) and make him understand the interpretation of al-Qurn.

Early meaning of Fiqh:

- During the early days of Islam, the word Fiqh was meant to the knowledge of Islam which included ilm kalam. Only during the time of Al-Mamun (218H), the term fiqh was restricted to the knowledge of Islamic Law alone. - In general usage, some scholars used the word fiqh associated with various sciences of Islam. Such as the word [Fiqh al-Hadith] is being used to express about the science of Hadith, which discuss the different subjects and topics related to Hadith, its categories and degree, ect. - Similarly, the word [Fiqh al-Quran] is used to state the branches of knowledge related to al-Quran. - At present, the word [Fiqh al- Sirah] is also commonly used to describe the branch of knowledge related to the life of the Prophet s.a.w.

Technical Meaning
1. Imam Abu Hanifah al-Numan ibn Thabit (d.767CE/150 AH): [The knowledge of what is for a man's self and what is against a man's self' (marifat al-nafs ma laha wa ma alayha)] 2. The Syafiis define fiqh as:

[ The knowledge of the Syariah ahkam (legal rules, pertaining to conduct, that have been derived from their specific evidences]

3. Al-Ghazali - Muhammad ibn Muhammad (d.505 AH/) has confined the word Fiqh to the science of the rules of law
4. Al-Amidi Ali ibn Abi Ali (d.631AH): Fiqh is the science of understanding the legal obligations derived from its sources (i.e. al-Quran, Sunnah and other sources of Islamic law) In other words : [Fiqh or the science of Islamic law is the knowledge of one's rights and obligations pertaining to conduct, that have been derived from the Quran or Sunnah of the Prophet, or the consensus of opinions among the learned (ijma), or analogical reasoning (qiyas), or other legal sources] In simple words : [Fiqh is a knowledge or understanding of Islamic Law]

The Differences
SHARIAH (GENERAL MEANING) The Divine Intent or an ensemble / group of rules and ordinances of both prescriptions and prohibitions revealed in the Scripture: alQuran and as amplified by the teaching of the Prophet Muhammad s.a.w

FIQH (GENERAL MEANING)

Human intellectual effort of comprehending the Divine Law, the ordinance of Allah as revealed in the Quran and the Sunnah. The effort of human beings to interpret His word in search for the truth. The interpretations are influenced by the dynamics of time and place.

The Differences
a) SHARIAH Shariah is the wider circle, it includes all human actions. a)

b)

c) d)

Shariah is the body of revealed injunctions found both in the Quran and Sunnah b) and it includes the three main component: Aqidah, Akhlaq and Fiqh. c) Shari`ah is fix and unchangeable.
The Shariah is based on revelations in which the knowledge is only obtained from the Quran or Sunnah.

FIQH Fiqh is confined to what are commonly understood as human acts as far as their legality and illegality are concerned. It is obvious that Fiqh is one component of the Shari`ah. The Practical rules of Syariah.

Certain ruling of Fiqh changes according to the changes of the circumstances under which it is applied. In Fiqh, the power of reasoning is stressed, and deductions based upon knowledge are continuously referred to with approval.

d)

New surah

Components of Fiqh
Fiqh covers various aspect of human life, it can generally be divided into two main categories: 1. Fiqh al-`Ibadah: this category covers the rulings that govern the relationship between man and Allah or in other word it is called as `ibadah (rituals) 2. Fiqh al-Mu`amalah or al-Adah: this category covers the rulings that govern the relationship between man and man and man and other creatures of Allah.

FIQH

FIQH AL-IBADAT Rulings related to prayer Rulings related to fasting Rulings related to almsgiving Rulings related to hajj

FIQH AL-MUAMALAT Family Law

Commercial transactions Administration of justice

Political System Criminal Law Ahkam al-Siyar Economic Systems

Details

Others

THE FLEXIBILITY OF FIQH

There are two kinds of Fiqh rulings:

a. The fixed rulings.

b. The changeable rulings.

Fixed Rulings
The rulings that was deduced from the decisive evidence [Decisive evidences or al-adillah al-qatiyyah are the rulings that is stated clearly in the text and is not subject to the different interpretations of the jurists]
This kind of rulings cannot be change according to the change of time and place or circumstances. E.g.: al-Ibadat (rituals), Inheritance.

The Changeable
The rulings that is deduced by the scholars from their understanding and interpretations of the text of al-Quran or Sunnah and from other various sources of Islamic law such as juristic preference (al-istihsan), consideration of public interest (masalih al-mursalah), presumption of continuity (al-istishab), custom (urf) and others.

This kind of rulings depends largely on the ability of the jurists to utilize the power of reasoning in deciding a certain Fiqh issues. In fact, most of the rulings of Fiqh particularly the rulings related to muamalah falls under this category and they are flexible and accept to be change according to the changes of time, place and circumstances.

Usul al-Fiqh:
- Usul means roots, foundations or origins. - Fiqh means the knowledge of Islamic rules related to human actions that deduced from their legal sources. - Usul al-Fiqh is the science or knowledge that explains the indications and methods by which the Islamic rules are deduced from their legal sources.