ʿIlmu ʾl-Fiqh (علم الفقه‎)

ʿIlmu ʾl-Fiqh (علم الفقه‎)

Definition

ʿIlmu ʾl-Fiqh (علم الفقه‎) refers to Islamic jurisprudence and encompasses the comprehensive body of knowledge connected with practical religious duties and legal questions in Islam. Fiqh primarily addresses the practical aspects of a Muslim’s life, including rituals, transactions, ethics, and social interactions.

Etymology and Translations

• Etymology: The term ʿIlmu ʾl-Fiqh combines ʿilm (علم), which means “knowledge” or “science,” and fiqh (فقه), which means “understanding,” “comprehension,” or “jurisprudence.”
• Arabic: علم الفقه‎
• Turkish: Fıkıh ilmi

Primary Areas of Coverage

Five Pillars of Islam

Fiqh begins with the foundational elements of Islamic practice known as the Five Pillars:

1. Recital of the Creed (Shahada): The declaration of faith.
2. Prayer (Salah): Performing the five daily prayers.
3. Fasting (Sawm): Observing fasting during the month of Ramadan.
4. Almsgiving (Zakāt): Giving a portion of wealth to the needy.
5. Pilgrimage (Ḥajj): Performing the pilgrimage to Mecca.

Comprehensive Jurisprudence

Beyond the Five Pillars, fiqh extends to various legal and ethical questions, including but not limited to:

• Marriage and Divorce
• Inheritance
• Commercial Transactions (Sale)
• Judicial Processes (Evidence)
• Slavery
• Partnerships in Business
• Rules of Warfare (Jihad)

Major Works on Fiqh

Sunni Jurisprudence

1. Hanafī Sect:

   • Hidāyah by Burhan al-Din al-Marghinani
   • Fatāwā al-ʿĀlamgīrī (also known as Fatāwā al-Hindiyya)
   • Durru al-Mukhtār by al-Haskafi
   • Radd al-Muḥtār by Ibn Abidin

2. Shāfiʿī and Mālikī Sects:

   • Kitāb al-Anwār by al-Nawawi
   • Al-Muḥarrar by al-Rafi’i
   • Ikhtilāf al-ʾAʾimmah (Differences Among the Imams)

Shia Jurisprudence

• Sharāʾiʿ al-Islām by al-Muhaqqiq al-Hilli
• Mafātīḥ al-Sharāʾiʿ by al-Muhaqqiq al-Hilli
• Jāmiʿ al-Shatāt by various scholars

Further Reading

For a deeper understanding, you may consider the following texts:

• “Islamic Jurisprudence: An International Perspective” by C.G. Weeramantry
• “An Introduction to Islamic Law” by Joseph Schacht
• “The Origins and Evolution of Islamic Law” by Wael B. Hallaq
• “Islamic Jurisprudence” by Imran Ahsan Khan Nyazee

Conclusion

ʿIlmu ʾl-Fiqh is central to the religious life of Muslims, providing detailed guidance on both worship and everyday legal matters. The discipline of fiqh ensures that actions, whether ritualistic or interpersonal, align with Islamic principles derived from the Qur’an and Hadith, demonstrating its profound significance in the holistic life of a Muslim.

Takeaways

• Understanding: “ʿIlmu ʾl-Fiqh” means “the science of Islamic jurisprudence,” and is essential for comprehending Islamic practical law.
• Scope: It covers not only religious rituals but also socio-legal aspects such as marriage, commerce, and ethics.
• Key Texts: Both Sunni and Shia traditions have foundational texts that inform their jurisprudence, providing detailed legal frameworks for various contexts.

By engaging with these crucial texts and principles, one can gain a more profound appreciation and understanding of how Islamic law shapes the lives of Muslims around the world.