Postby Sadaam_Mariixmaan » Mon May 28, 2007 7:44 pm
Fiqh (Arabic: ???) is Islamic jurisprudence. It is an expansion of what is called the Divine Law (Arabic: Sharia), complemented by the rulings (Arabic: fatwa) of Islamic jurists (Arabic: Ulema) to direct the lives of Muslims.
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), forbidden (mazhr), recommended (mand?b), disapproved (makruh) or merely permitted (mubah)".[1]
Contents
[show]
* 1 Etymology
* 2 Introduction
* 3 Islamic Law
* 4 Muslim Jurist: Ulema
* 5 Methodology : Usul al-fiqh
* 6 Fields of jurisprudence
* 7 Methodologies of jurisprudence Usul al-fiqh (???? ?????)
o 7.1 The four schools of Sunni Islam
o 7.2 Ja'fari jurisprudence
* 8 Notes
* 9 References
* 10 See also
[edit] Etymology
The word fiqh is an Arabic term linguistically meaning deep understanding or full comprehension. Technically it refers to the science of Islamic law extracted from detailed Islamic sources (which are studied in Principles of Islamic Jurisprudence).
The process of gaining knowledge of Islam through jurisprudence, and the body of legal advisements so derived, is known as fiqh.
[edit] Introduction
There are cases where the Qur'an gives a clearly defined and concrete answer on how do deal with different issues. This includes how to perform the ritual purification (Arabic: wudu) before the obligatory daily prayers (Arabic: salat):
On other issues, the Qur'an alone is not enough to make things clear. For example, the Qur'an states that one needs to engage in daily prayers (Arabic: salat) and fast (Arabic: sawm) during the month of Ramadan, however, the Qur'an does not define how to engage in those issues. The details to those issues can be found in what is called the tradition of Muhammad (Arabic: Sunnah). This is true for most detailed issues, thus the Qur'an and Sunnah are the basis for the Islamic Divine Law (Arabic: Sharia).
However, the Muslim jurists (Arabic: Fuqaha) do not always agree on how to interpret the Qur'an and Sunnah to arrive at the Sharia. This division of interpretation in more detailed issues has resulted in different schools of thought (Arabic: madh'hab).
And with regard to some topics, the Qur'an and Sunnah are simply silent. In those cases, the Muslim jurists (Arabic: Fuqaha) try to arrive at conclusions using other tools. Sunni jurists use analogy (Arabic: Qiyas) and historical consensus of the community (Arabic: Ijma). The conclusions arrived at with the aid of these additional tools constitute a wider array of laws than the Sharia constitutes of, and is called Fiqh. Thus, in contrast to the Sharia, Fiqh is not regarded as sacred, and the schools of thought (Arabic: madh'hab) have differing views on its details, without viewing other conclusions as sacrilegious.
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.
[edit] Islamic Law
Islamic law (fiqh) covers two main areas, rules in relation to actions and rules in relation to circumstances surrounding actions.
Rules in relation to actions (amaliyya) comprise:
* Obligation (fard)
* Recommendation (mandoob)
* Permissibility (mubah)
* Disrecommendation (makrooh)
* Prohibition (haram)
Rules in relation to circumstances (wadia') comprise:
* Condition (shart)
* Cause (sabab)
* Preventor (mani)
* Permit/Enforce (rukhsah, azeemah)
* Valid/Corrupt/Invalid (sahih, fasad, batil)
[edit] Muslim Jurist: Ulema
Main article: Ulema
The Muslim Jurists are called the Ulema, from the Arabic ilm (knowledge). They are also called the faqeeh (pl. fuqahaa) from Fiqh.
[edit] Methodology : Usul al-fiqh
Main article: Usul al-fiqh
The Modus operandi of the Muslim Jurist is Usul al-fiqh.
[edit] Fields of jurisprudence
* Islamic economical jurisprudence ??? ?????????
* Islamic political jurisprudence
* Islamic marital jurisprudence
* Islamic criminal jurisprudence ??? ????????
* Islamic etiquettical jurisprudence ??????
* Islamic theological jurisprudence
* Islamic hygienical jurisprudence
* Islamic military jurisprudence ??? ??????
[edit] Methodologies of jurisprudence Usul al-fiqh (???? ?????)
There are different approaches to the methodology used in Fiqh to derive Shariah from the Islamic sources. The main methodologies are:
* The four classical Sunni schools are, in chronological order: the Hanafi school, the Maliki school, the Shafi'i school and the Hanbali school. They represent the generally accepted Sunni authority for Islamic jurisprudence.
Other schools are the Thahiri, Sufian Al'thawree, Sufian bin O'yayna, Layth bin Sa'ad. The four most famous schools mentioned go back to the schools as Sufian Bin Oyayna.[citation needed]
* Jafari fiqh, or the Shi'a fiqh
* Qur'an alone fiqh
[edit] The four schools of Sunni Islam
The four schools of Sunni Islam are each named by students of the classical jurist who taught them. The Sunni schools (and where they are commonly found) are
* Hanafi (Turkey, the Balkans, Central Asia, Indian subcontinent, China and Egypt)
* Maliki (North Africa, West Africa and several of the Arab Gulf States)
* Shafi'i (Indonesia, Malaysia, Egypt, East Africa, Yemen and southern parts of India)
* Hanbali (Arabia).
These four schools share most of their rulings, but differ on the particular hadiths they accept as authentic and the weight they give to analogy or reason (qiyas) in deciding difficulties.
The Hanafi school was the earliest established under the jurist Imam Abu Hanifa, who was born and taught in Iraq. Imam Abu Hanifa (80A.H. - 150A.H.), whose real name was Nu'man ibn Thabit, was born in the city of Kufa (modern day Iraq) in the year 80 A.H (689 A.D). Born into a family of tradesmen, the Imam's family were of Persian origin. Under Imam Abu Hanifa, the witr prayer was considered to be compulsory and the Hanafis also differed with other sects in relation to methods of taking ablution, prayers and payment of tithe or zakat. Imam Abu Hanifa also differed with the other three schools in many areas including the type of punishments meted out for various crimes in Islam. On the whole, the Hanafi school of jurisprudence could be said to have the most differences with other three schools.
Students of Imam Malik established the Maliki school of which a majority now can be found in North Africa and some Persian gulf states . Imam Malik, whose real name was Abu Abdullah, Malik bin Anas, was born in Medina in the year 715 AD. His ancestral home was in Yemen, but his grandfather settled in Medina after embracing Islam. He received his education in Medina, which was the most important seat of Islamic learning, and where the immediate descendants of the Muhammad's followers lived. Imam Malik was attracted to the study of law, and devoted himself to the study of Fiqh. His principal book, the Kitab al-Muwatta, is one of the earliest surviving books on Hadith and Fiqh. Differences under the Maliki school included the fact that those following the Maliki school could state their purpose (or niat) once only for compulsory fasting which is valid for the whole month of Ramadhan whilst for the Shafi'ie school (see below), one would have to state his purpose every day of the month of Ramadhan for his fast to be valid the next day.
[edit] Ja'fari jurisprudence
The Jaferi school (Iran, Iraq, Lebanon, Bahrein, Pakistan, and parts of Afghanistan and Saudi Arabia) is associated with Shia Islam. The fatwas, or time and space bound rulings of early jurists, are taken rather more seriously in this school, due to the more hierarchical structure of Shia Islam, which is ruled by the imams. But they are also more flexible, in that every jurist has considerable power to alter a decision according to his opinion.
The Jafari school uses uses 'aql "intellect" instead of qiyas in the Sunni achools, when establishing Islamic laws.
Each school reflects a unique al-urf or culture, that the classical jurists themselves lived in, when rulings were made. Some suggest that the discipline of isnad which developed to validate hadith made it relatively easy to record and validate also the rulings of jurists, making them far easier to imitate (taqlid) than to challenge in new contexts. The effect is, the schools have been more or less frozen for centuries, and reflect a culture that simply no longer exists.
Early shariah had a much more flexible character, and many modern Muslim scholars believe that it should be renewed, and that the classical jurists should lose special status. This would require formulating a new fiqh suitable for the modern world, e.g. as proposed by advocates of the Islamization of knowledge, and would deal with the modern context. This modernization is opposed by most conservative ulema.
