Lesson Three - Meaning of Fiqh

Meaning of Fiqh

Literal Meaning of Fiqh.

'Understanding', 'discernment' and 'to be aware of.', the literal Arabic word of Fiqh have been used numerous times in the Quran.

(4:78) لهم قلوب لا يفقهون بها

(7:179)فمال هؤلاء القوم لا يكادون يغقهون حديثا

Earlier general meaning of fiqh: 

In the time of the Prophet, ilm (knowledge) and fiqh had the same literal meaning which meant understanding. However, ilm was narrowed down to the meaning of 'knowledge which came through reports and narrations. I.e Ahaadith and Athaar Shaba.¹ this separation came towards the end of first hijrah.² While the term fiqh was solely used for the knowledge of law. For this reason Imam Abu Hanifa defined fiqh as “A person's knowledge of his right and duties”.³ So the earlier general meaning was Islamic Law.

Later Shafi Meaning of Fiqh

The term was later defined by the Sha'fi jurits to:

It is the knowledge of legal rules, (Shari Ahkam) pertaining to conduct that has been derived from their specific evidences/ sources.⁴

Shari Ahkam are of two types:

1) Ahkam relatinng to belief, like the exictence of Allah, Imam Mujmal & Muffasal.

2) Aham relating to actions. Physical Islamic actions and spiritual Heart action.

Sarakshi defined fiqh with wisdom mentioning, “wisdom is the knowledge of the Ahkam with the halal distinguish with the haram.⁵

Al Ghazali had his own definition of fiqh

“An experssion for the knowledge of legal rules established specifaclly for human conduct”⁶

Al razi gave a detalied explanation to this matter

“the knowledge of the legal rules, pertaining to conduct with reference to their source when this knowledge is not obtained by the way of necessity.”⁷

Conclusion:

Fiqh is the knowledge of the Sharin Ahkam derived directly from the specific sources in the text or through general priciples laid down by the shariah in the light of its maqasid. (rules)

Analysis of definition of Fiqh

Translation of the word into english

Most common is Jurisprudence⁸ However, it cannot be assigned to that meaning because jurisprudence does not convey the entire meaning of fiqh. For instance, fiqh covers whether it is between human and god (Ibadaat) and issues concerning human and human. (Muammalat). Jursiprudence on the other hand is restricted to inter-human (muamalaat) and not issues between human and god.⁹

Topics in Fiqh

Ibaadat (Human & Allah – Purification, Prayer, Fasting, Zakah, Hajj, jumuah, inheritance

Muamlaat (Human & Human – social relationships, valid and invalid transactions, hire/lease, partnership, gifts, rules regarding slavery, shares

Uqubaat (Punishments) – For stealing, aduletry, homicides, drinking wine

Munakhat (Marriage affairs)¹⁰ suckling, divorce, iddah, nadaqat

Shariah & Fiqh

Shariah is Islamic law – covers all aspects of Muslim life in relation to individuals, societies and states. Only Allah has the right to form law. Shariah is the law itself, while fiqh is the knowledge and understanding of the law.

Shariah is quran and sunnah while fiqh is whatever is derived from there.

Difference between Shariah & Fiqh

Shariah	Fiqh
Fixed	Changeable
Found in Quran and sunnah	Derived and sometime Ijm'a and Qiyas are used
General principle	How to apply using shariah

1Imran Ahsan, pg 19

2Ahman Hasan, The Early development of Islamic Jurisprudence. He mentioned ilm means knowledge which is carried through authority from the very beginning. Prophet or Allah

3Al Tawdih fi Hall Jawamid Tanqih (Kharachi, 1979)

4Badr al din al zakashi, al nahr muhit fi usul fiqh, vol 1.

5Sarakshi, Al Mabsut vol 1.

6Ghazali, Al Mustafa min ilm usul fiqh vol 1, 3-4

7Al Razi, al mashil fi ilm usul al fiqh, vol 1, 78

8Imran Ahsan Khan & Ghaly

9Ghaly, Islam and disability pg 6.

10Ashqar, Umar Sulaiman, 1991 in Gahly 2010

11Akram Nadwi, his life, legal metod and legacy, pg 1