‘Fiqh’ is derived from Arabic and means ‘understanding.’ It is also referred to as ‘Islamic Jurisprudence’. In Shariah terminology, the word ‘fiqh’ means the knowledge of the minor Shariah rulings derived from detailed evidence and proof. Regarding the meaning of Fiqh, Ibn Hazm (may Allah have mercy on him), a leader of the Zahirite school, said that ‘Fiqh can be defined as the knowledge of the Shariah’s rulings as derived from the Holy Quran and the words of the Prophet PBUH, for these rulings can only be taken from him.’
A more contemporary approach by Ibn Jibreen (may Allah have mercy on him) defined fiqh as the comprehension of Quranic verses and hadiths and the ability to extract legal rulings from these sources. Both of these definitions have one thing at their center: fiqh is the understanding of the shariah. This blog will explore the meaning of fiqh, its origin, its role in everyday life, and the different schools of fiqh.
The Origin Of Fiqh
During the life of the Prophet PBUH, Muslims would receive rulings directly from him. The Quran served as a guide for all the ummah’s problems and explained every matter in which the Prophet PBUH and his companions were uncertain. Whenever the companions and the Prophet PBUH would discuss the verses, he would allow his companions room for interpretation. After this, he would either approve of their interpretation or correct them. When this was done, his companions would teach the rulings to the people. The Prophet PBUH was the leader and teacher of the people at that time. After his death, the people followed the rightly guided caliphs who followed the Prophet PBUH.
Abu Bakr RA was the one who used to issue fatwas to the people, and if he couldn’t find an answer, he would go to the people and discuss the matter with them. He would ask them if they ever heard the Prophet PBUH pass a judgment regarding the matter. If the people answered in the affirmative, he would issue the fatwa. But if he could not find an answer, he would discuss it with the leaders of the people and then issue the fatwa after their joint agreement. Umar RA did the same after Abu Bakr RA died.
After the expansion of Islamic territory, the companions migrated to different regions as scholars and mujahideen (people engaged in jihad). They issued fatwas in different regions based on their knowledge of the Quran, Sunnah, or the actions of the caliphs. Meanwhile, Umar RA and his son remained in Madinah, where many students became scholars. This information gradually reached Imaam Maalik and Imaam Abu Haneefa.
At this point, fiqh and knowledge were widespread in Makkah, Madinah, and Kufa, which led to this knowledge being compiled in book form. The number of students increased as time passed, and more people immersed themselves in the religion. Although some people were corrupt, Allah SWT protected the knowledge, and only the true scholars remained as leaders. The true scholars became well-known, and more students flocked to them.
The opinions of the students of these great scholars were recorded, and therefore, the views of each imam became a madhhab that was followed.
Principles Of Fiqh
The principles of fiqh focus on extracting legal rulings from the Quran and Sunnah. Scholars adhere to a structured framework with defined regulations called usool al-fiqh (literally, the rules of fiqh). Typically, these principles encompass several branches, such as:
Quran And Sunnah
The Quran and Sunnah are the primary sources for any ruling or law in Islam. The same applies to the principles of fiqh. All legal rulings are derived from these two sources, carefully interpreted and extensively analyzed by a committee of scholars.
Consensus (Ijma)
The scholars do consensus on a particular issue where the scholars are unanimous. An example of this is the agreement of scholars to forbid anyone from playing the role of the Prophet PBUH or other prophets on television.
Analogical Reasoning (Qiyas)
Qiyas analyzes and applies already established laws to new situations. These laws apply to situations not expressed explicitly in the Quran or Sunnah. Jurists who derive laws by Qiyas don’t consider them new laws but provide a new ruling on a different matter.
Independent Reasoning (Ijtihaad)
Ijtihaad is the process of independent reasoning conducted by qualified scholars. It is used when the Quran or Sunnah doesn’t explicitly answer a particular issue. In this case, the scholars use their knowledge and experience to find a solution.
Role Of Fiqh In Daily Life
Fiqh plays an essential role in the daily life of a Muslim. The framework allows Muslims to lead righteous lives while ensuring they contribute to the community. Some of the ways that fiqh helps Muslims in their everyday lives are:
- Lays the proper guidelines for performing salat, fasts, hajj, and zakat.
- It helps solve family matters like marriage, divorce, custody, and inheritance.
- It teaches Muslims about business ethics and the practices they should implement to make their businesses profitable in this world and the hereafter.
- Provides a clear structure for food intake by dividing foods into halal (permissible) and haram (forbidden) categories.
- It outlines the rights and responsibilities of every individual, ensuring that peace and harmony prevail in the Muslim community.
- Addresses the correct dress code to ensure that Muslims dress following the teachings of Islam.
- Sets clear rules about crime and criminals in Muslim society, ensuring that justice is served.
- Teaches social ethics and rules of social interactions that ensure peace and strong bonds between Muslims.
Main Schools Of Fiqh (Islamic Jurisprudence)
Nowadays, there are four famous madhhabs: Maaliki, Hanafi, Shafi’i, and Hanbali. The founders or imams of all these madhhabs agree on the most critical religious issues but differ in minor issues due to the difference in knowledge that reached them. Each madhhab has its own books, which explain in detail how a particular rule came into existence and the views behind it, leaving no room for doubt. Following are the four madhhabs and their founders:
Maaliki
The Maaliki school was founded by Imam Malik ibn Anas (RH) in the 8th century. He devoted his entire life to fiqh and established the Maaliki madhhabs by seeking three hundred Tabi’in (those who saw and followed the companions of the Prophet PBUH). The Maaliki school is well known for its use of the ‘practices’ of the people of Madinah and is considered a strict madhhab.
Shafi’i
The Shafi school was founded by Imam Al-Shafi’i (RH) in the early 9th century. Imam Shafi’i is the only imam related to the Prophet PBUH. He was actually a student of Imam Maalik and, therefore, gained much of his religious knowledge from him. The Shafi’i school relies on a structured approach emphasizing the importance of the Quran and Sunnah, followed by Ijma and Qiyas.
Hanafi
The Hanafi school was founded by Imam Abu Hanifa (RH) in the 8th century. Unlike the other three imams, Abu Hanifa was unique because he had the opportunity to learn hadith from six of the Prophet’s companions. He believed in logical reasoning and argued that it should be implied before giving religious rulings.
Hanbali
The Hanbali school was founded by Imam Ahmed Ibn Hanbal (RH). On one of his journeys, he traveled to Baghdad and became a student of Imam Shafi’i. The Hanbali school is the smallest in comparison to the other three schools. It is known for its strict adherence to the Quran and Sunnah, with a conservative approach to interpretation and legal reasoning.