Concept of Fiqh Causes behind the emergence of

• • • Concept of Fiqh Causes behind the emergence of fiqh Sources of fiqh Types of Fiqh Difference between shari’ah and Fiqh Verses about Fiqh

• To be aware of the other types of Fiqh. • To understand the concept of it. • To be informed about the emergence. 2

The word fiqh is an Arabic term meaning "deep understanding"or "full comprehension". Strictly speaking, In Islamic terms it means to understand the orders of Allah through authentic sources including The Holy Quran, the sayings of Prophet and great Imams of Fiqh. Faqih means the person who is master in the discipline of fiqh. 3

Conceptually, the human attempt to understand divine law ( Shariah ). • Whereas shariah is immutable and infallible, Fiqh is fallible and changeable. Fiqh is distinguished from usul – al – fiqh, the methods of legal interpretation and analysis. Fiqh is the product of application of usul – al – fiqh, the total product of human understanding the divine will. A hukm is a particular ruling in a given case. ADD A FOOTER 4

A Fiqh (jurisprudence) school means a style and methodology followed by an Islamic jurist (Faqih): others come and adopt this style and methodology and follow them until they become known by this style and methodology. The most prominent among these schools were: • The Iraqi School -This school was established because a greater group of companions immigrated to Iraq more than to any other of the new territories ; more than 300 of the companions went to Iraq in addition to the fact that the Caliphate moved there after madina and al- Sham (Syria) • The Madinah School -was the first fiqh school, and was the capital city of islam and the abode of the Prophet and his companions. 5

According to Imam Abu Haneefa, the sources of Fiqh are: • The Qur’an, • Sunnah of the Prophet, • Ijma (consensus) of some, not necessarily all of the Companions, • Qiyas (deduction by analogy to similar cases which had been decided on the basis of the first three principles) and, • Istihsan (creative juridical opinion based on sound principles). 6

Its types: The scholars divide fiqh into seven types and they are: • al-ibaadaat (worship), those rulings connected to worshipping Allaah such as prayerand fasting • al-ahwaal al-shakhsiyyah (personal affairs) such as the rulings connected to the family, marriage and divorce • al-mu'aamalaat (dealings), those rulings that define and arrange relationships between people such as trade, contracts and so on. • al-ahkaam al-sultaaniyyah (rulership and governance), those rulings that arrange and organize the relationship between the ruler and the ruled. • al-uqoobaat (punishments), the rulings pertaining to prescribed punishments, retribution and reprimand, chastisement. • al-huqooq al-duwaliyyah (state rights), rules that define the relationship between an Islamic state with other states • al-aadaab (manners), rulings pertaining to manners, character, etiquette. 7

Fiqh has been used in the Qurān in this meaning: ﻭﻻ ﻭﺍ They have hearts wherewith they understand not. SHARIAH • Shari’ah is the standard of how a Muslim is to live his/her life from ‘ibadat (worship) to m’aamalaat (business transactions and dealings between Muslims) as well as penal code (crime and punishment) and family law (inheritance, marriage and divorce). • Shari’ah is according to the Qur’an, which is considered sacred, and the sunnah of Rasool Allah (SAS) and cannot be altered. FIQH • Fiqh is the understanding of the Shari’ah. • When a dispute arises, ijmaa’ (gathering) takes place to determine the best course of action (consensus) according to the Shari’ah. 8

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-referring to the disbelievers’ failure to accept God’s revelation and appreciate His signs. • We have assigned to hell many jinn and humans: they have hearts but they do not understand (la yafqahuna) with them; they have eyes but they do not see with them; and they have ears but they do not hear with them. They are like cattle — rather, they are further astray. Those are the heedless. (7. 179) • That is because they (the hypocrites) believed then disbelieved; therefore a seal has been set on their hearts, so they do not understand (la yafqahuna). (63. 3) • You (the believers) cause greater fear in their (the disbelievers) hearts than Allah. This is because they are a people who do not understand (la yafqahuna). (59. 13) 10

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