As we strive as
Muslims to remain on the straight path, we need to discern the
right from the wrong in every aspect of our life. The Shari`ah
(sacred law) and the Fiqh (Islamic jurisprudence)
provide us with the rulings in different matters. In this
article simple definitions of shari`ah and fiqh
are given.
Shari`ah
The Arabic word
shari`ah refers to the laws and way of life prescribed
by Allah (SWT) for his servants. The shari`ah deals
with the ideology and faith; behavior and manners; and practical
daily matters. "To each among you, we have
prescribed a law and a clear way. (Qur 'an 5:48) Shari`ah
includes the Qur'an and the sunnah of the Prophet (saas).
The Qur'an is the direct word of Allah (SWT), and is the first
most important source of guidance and rulings. The Sunnah
of the Prophet (saas) is the second source of guidance and
rulings. The sunnah is an inspiration from Allah (SWT),
but relayed to us through the words and actions of the Prophet (saas),
and his concurrence with others' actions. The sunnah
confirmed the rulings of the Qur'an; detailed some of the
concepts, laws and practical matters which are briefly stated in
the Qur'an (e.g. definition of Islam, Iman, and
Ihsan, details of salah, types of usury); and gave
some rulings regarding matters not explicitly stated in the
Qur'an (e.g. wearing silk clothes for men).
| Shari`ah |
| 1-Qur'an |
2-Sunnah
of the prophet (saas) |
| Ideology
and faith |
Sayings |
| Behavior
and manners |
Actions |
Practical
manners
- Articles
of worship
- Day-to-day
activities
Pertaining to family,
business,
penal code, government,
international law, economy. |
Concurrence with others'
actions |
| Characteristics of the
Prophet (saas) |
Fiqh
The Arabic word fiqh
means knowledge, understanding and comprehension. It refers to
the legal rulings of the Muslim scholars, based on their
knowledge of the shari`ah; and as such is the third
source of rulings. The science of fiqh started in the
second century after Hijrah, when the Islamic state
expanded and faced several issues which were not explicitly
covered in the Qur'an and Sunnah of the Prophet (saas).
Rulings based on the unanimity of Muslim scholars and direct
analogy are binding. The four Sunni schools of thought,
Hanafi, Maliki, Shafi'i and Hanbali, are identical in
approximately 75% of their legal conclusions. Variances in the
remaining questions are traceable to methodological differences
in understanding or authentication of the primary textual
evidence. Differing viewpoints sometimes exist even within a
single school of thought.
| 3-Fiqh
(Islamic Jurisprudence) |
| Basis of Rulings |
Imams of schools of
thought |
- Unanimity of Muslim
scholars
- Direct and indirect
analogy
- Benefit for
community
- Custom
- Associated rules
- Original rules
- Opinion of a
companion of the Prophet
|
- Imam Abu Hanifa
80-150 (After Hijra)
- Imam Malik 93-179
(A.H.)
- Imam Shafi'i
150-204(A.H.)
- Imam Ahmad Ibn
Hanbal 164-241 (A.H.)
Others: Al-Thawri, Ibn
Abu-Lail, Al Awza'i,
and Al-Laith
|
Rulings of the
Shari`ah
The rulings of shari`ah
for all our daily actions are five : prescribed, recommended,
permissible, disliked and unlawful . The distinctions between
the five categories are in whether their performance (P) and
nonperformance (NP) is rewarded, not rewarded, punished or not
punished (see the table). The prescribed (fard) is also
referred to as obligatory (wajib), mandatory (muhattam)
and required (lazim). It is divided into two categories
:
- personally obligatory (fard
al-'ayn), which is required from every individual
Muslim (e.g. salah and zakah);
- and communally obligatory (fard
al- kifaya), which if performed by some Muslims is not
required from others (e.g., funeral prayers).
The recomended (mandub)
is also referred to as sunnah, preferable (mustahabb),
meritorious (fadila), and desirable (marghub fih).
Examples are night vigil (tahajjud) prayers, and
rememberance of Allah (zikr).
The performance and
nonperformance of the permissible/ allowed (mubah) is
neither rewarded nor punished.
Nonperformance of both the
disliked (makruh) and the unlawful/prohibited (haram
) is rewarded. Performance of the unlawful is punished, but that
of the disliked is not punished.
| Rulings
of Sacred Law |
| 1. Prescribed |
2. Recommended |
3.
Permissible/Allowed |
4.
Disliked/Offensive/Detested |
5.
Unlawful/Prohibited |
Other terms:
- Obligatory
- Mandatory
- Required
Personally obligatory,
communally obligatory
Performance: rewarded
Non-Performance: punished |
Other terms:
- Sunnah
- Preferable
- Meritorius
- Desirable
P: rewarded
NP: not punished |
P: not rewarded
NP: not punished |
P: not punished
NP: rewarded |
P: punished
NP: rewarded |
|
|
|
