Lecture 1 - Fiqh and Shariah

7/29/2019 Lecture 1 - Fiqh and Shariah

1/19

International Islamic University Malaysia

Department of Fiqh and Usul al-Fiqh

Introduction to al-Fiqh(RKFQ 2062)

Lecture 1Thursday, 7 February 2013

--: Shariah and Fiqh

- Definition- Subject matter- characteristics


2/19

Definition ofFiqh:

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). (:25-28)

- Fiqh in Hadith:

()He for whom Allah wills His blessings is granted theunderstanding of din (Islamic religion. ()O Allah, make him (Ibn Abbas) understand the din.


3/19

Shariah

Literal meaning ofShariah:a. the road to the watering place

b. the straight path to be followed

Originated from [] which means: to legislate, to make law, toenact.

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).


4/19

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 al-

Jurjani).

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).


5/19

AL-SHARIAH AL-ISLAMIYYAH

AQIDAH

FIQH(known as shariah I

n muslim society)

AKHLAK


6/19

Sharia Values

Values connected withbelief

) Values connected with the

sayings and actions of manin respect of his relation

with others

=)

Values connected withethics

= (

Aim: to regulate relations

between individuals

Aim: to regulate individuals

relations with his Lord


7/19

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


8/19

Literal Meaning

Derived from the root word of []:- Comprehension or True understanding

Allah says:

[ ["And make loose the knot (the defect) from mytongue, that they understand my speech [Taha: 27]

DEFINITION OF FIQH

The Prophet s.a.w. makes dua for Ibn Abbs by saying,""

O, Allah, teach him al-Dn (Islamic religion) and makehim understand the interpretation ofal-Qurn.


9/19

- During the early days of Islam, the word Fiqh was meant to theknowledge of Islam which included ilm kalam. Only during the

time of Al-Mamun (218H), the term fiqh was restricted to theknowledge of Islamic Law alone.

- In general usage, some scholars used the word fiqh associated withvarious sciences of Islam. Such as the word [Fiqh al-Hadith] is

being used to express about the science of Hadith, which discussthe different subjects and topics related to Hadith, its categoriesand degree, ect.

- Similarly, the word [Fiqh al-Quran] is used to state the branchesof knowledge related to al-Quran.

- At present, the word [Fiqh al- Sirah] is also commonly used todescribe the branch of knowledge related to the life of theProphet s.a.w.

Early meaning of Fiqh:


10/19

Technical Meaning

1. Imam Abu Hanifahal-Numan ibn Thabit (d.767CE/150 AH):

[The knowledge of what is for a man's self and what is against aman'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]


11/19

3. Al-Ghazali - Muhammad ibn Muhammad (d.505 AH/) hasconfined the word Fiqh to the science of the rules of law

4. Al-AmidiAli ibn Abi Ali (d.631AH): Fiqhis the science ofunderstanding 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 rightsand obligations pertaining to conduct, that have been derivedfrom the Quran orSunnah of the Prophet, or the consensus ofopinions among the learned (ijma), or analogical reasoning

(qiyas), or otherlegal sources]

In simple words : [Fiqh is a knowledge or understanding of IslamicLaw]


12/19

The Differences

SHARIAH(GENERAL MEANING)

The Divine Intent or an ensemble/ group of rules andordinances of both

prescriptions and prohibitionsrevealed in the Scripture: al-Quran and as amplified by theteaching of the ProphetMuhammad s.a.w

FIQH(GENERAL MEANING)

Human intellectual effort ofcomprehending the Divine Law,the ordinance of Allah asrevealed in the Quran and theSunnah.

The effort of human beings tointerpret His word in search for

the truth. The interpretations areinfluenced by the dynamics oftime and place.


13/19

The DifferencesSHARIAH

a) Shar iah is the wider circle, it

includes all human actions.b) Shariah is the body of

revealed injunctions foundboth in the Quran and Sunnahand it includes the three maincomponent: Aqidah, Akhlaqand Fiqh.

c) Shari`ah is fix andunchangeable.

d) The Shar iah is based on

revelations in which theknowledge is only obtainedfrom the Quran orSunnah.

FIQHa) Fiqh is confined to what are

commonly understood as humanacts as far as their legality andillegality are concerned.

b) It is obvious that Fiqh is onecomponent of the Shari`ah. ThePractical rules of Syariah.

c) Certain ruling of Fiqh changesaccording to the changes of thecircumstances under which it isapplied.

d) In Fiqh, the power of reasoningis stressed, and deductions basedupon knowledge arecontinuously referred to withapproval.

New surah
http://localhost/var/www/apps/conversion/tmp/scratch_7/false%20surah.ppthttp://localhost/var/www/apps/conversion/tmp/scratch_7/false%20surah.ppt


14/19

Components of Fiqh

Fiqh covers various aspect of human life, it cangenerally be divided into two main categories:

1. Fiqh al-Ìbadah: this category covers the rulings that

govern the relationship between man and Allah or inother word it is called as ìbadah (rituals)

2. Fiqh al-Muàmalah or al-Adah: this category covers the

rulings that govern the relationship between man andman and man and other creatures of Allah.


15/19

FIQH

FIQH AL-IBADAT FIQH AL-MUAMALAT

Family Law

Commercial transactions

Administration of justice

Political System

Criminal Law

Ahkam al-Siyar

Economic Systems

Others

Rulings related to prayer

Rulings related to fasting

Rulings related to almsgiving

Rulings related to hajj

Details
http://localhost/var/www/apps/conversion/tmp/scratch_7/Fiqh%20in%20syariah.ppthttp://localhost/var/www/apps/conversion/tmp/scratch_7/Fiqh%20in%20syariah.ppt


16/19

THE FLEXIBILITY OF FIQH

There are two kinds of Fiqh rulings:

a. The fixed rulings.

b. The changeable rulings.


17/19

Fixed Rulings

The rulings that was deduced from the decisive evidence

[Decisive evidences or al-adillah al-qatiyyahare the rulingsthat 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 oftime and place or circumstances.

E.g.: al-Ibadat (rituals), Inheritance.


18/19

The Changeable

The rulings that is deduced by the scholars from their understanding

and interpretations of the text of al-Quran or Sunnah andfrom other various sources of Islamic law such as juristicpreference (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 toutilize the power of reasoning in deciding a certain Fiqh issues.In fact, most of the rulings of Fiqh particularly the rulingsrelated to muamalah falls under this category and they areflexible and accept to be change according to the changes of

time, place and circumstances.


19/19

- Usulmeans 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 arededuced from their legal sources.

Usul al-Fiqh:

Lecture 1 - Fiqh and Shariah

Documents

Transcript of Lecture 1 - Fiqh and Shariah