Fiqh

Fiqh

Definition

Fiqh (فقه) is the human attempt to understand and apply divine law (Shariah, شريعة). Unlike Shariah, which is immutable and infallible, fiqh is fallible and changeable. Fiqh is distinguished from Usul al-Fiqh (أصول الفقه), the methods of legal interpretation and analysis. In essence, fiqh is the application of Usul al-Fiqh, representing the sum of scholarly efforts to interpret and understand the divine will. A hukm (حُكم) is a particular ruling in a given case.

Etymology

The term “fiqh” originates from the Arabic root “ف ق ه” (f-q-h), which connotes understanding, knowledge, and comprehension. Initially, it referred to general knowledge but gradually came to be associated specifically with juristic understanding of Islamic law.

Translation

• Arabic: فقه
• Turkish: Fıkıh

Subfields and Related Concepts

Usul al-Fiqh

Usul al-Fiqh are the foundational methodologies and principles laid out for deducing other legal norms and rulings. It deals with sources of law, hermeneutics, and logical reasoning procedures.

Hukm

A hukm is the application of a specific legal ruling derived from the principles of Fiqh. It can vary based on context, evidence, and scholarly interpretation.

Importance and Functions

Fiqh serves several pivotal roles in the Muslim community:

• Guidance: Provides a comprehensive framework to guide personal, social, economic, and political life according to Islamic principles.
• Flexibility: Allows adaptation to new circumstances, thereby ensuring that Islamic teachings remain relevant and applicable.
• Dispute Resolution: Offers a systematic method for resolving legal and personal disputes within the Muslim community.

Schools of Fiqh

In Sunni Islam, four main schools of Fiqh, also known as madahib (singular: madhhab), have emerged:

• Hanafi (حنفي): Founded by Abu Hanifa, it emphasizes reason and analogical deduction.
• Maliki (مالكي): Established by Malik ibn Anas, it relies heavily on the practices of the people of Medina as a source of law.
• Shafi’i (شافعي): Created by Muhammad ibn Idris al-Shafi’i, it accentuates the reliance on hadith and consensus.
• Hanbali (حنبلي): Started by Ahmad ibn Hanbal, it concentrates on a more literal interpretation of sacred texts.

Recommended Books for Further Studies

1. “Islamic Jurisprudence” by Mohammad Hashim Kamali
2. “An Introduction to Islamic Law” by Wael B. Hallaq
3. “The Evolution of Fiqh” by Bilal Phillips
4. “Principles of Islamic Jurisprudence” by Muhammad Hashim Kamali

Takeaways

• While Shariah represents the eternal and divine law, fiqh is its human interpretation and is therefore adaptable to new contexts.
• The distinction between fiqh and Usul al-Fiqh is crucial for understanding how Islamic legal rulings are formulated.
• The existence of various schools of Fiqh showcases the rich diversity of thought within Islamic jurisprudence.

Conclusion

Fiqh exemplifies the human endeavor to understand and practice divine commandments in daily life. Its dynamic nature ensures the continuous relevance of Islamic teachings through adaptive interpretation while maintaining a unified objective of adhering to God’s will.