Fiqh (فقه‎)

Fiqh (فقه‎)

Definition and Significance

Fiqh (فقه‎), a term rooted in deep historical and religious contexts, denotes Islamic jurisprudence, encompassing the human understanding and practice of Sharia (Islamic law). It addresses a wide range of issues, including ethical, social, civil, and religious directives for Muslims, guiding their daily lives according to divine law.

Etymology

The word Fiqh is derived from the Arabic verb faqaha (فَقِهَ), meaning “to understand” or “to comprehend.” Over time, it has evolved to signify the science of Islamic jurisprudence. The Turkish term for Fiqh is Fıkıh.

Key Texts in Sunni Islam

1. Al-Hidāyah (الهداية):

   • Author: ʿAlī ibn Abū Bakr al-Marghinānī (d. 593 AH)
   • Description: One of the most prominent texts in Hanafi jurisprudence, parts of which were translated by Colonel Charles Hamilton into English.

2. Durru al-Mukhtar (در المختار):

   • Author: ʿAlāʾu ʾd-dīn al-Haskafī (d. 1088 AH)
   • Description: A seminal work in Hanafi Fiqh, extensively referenced in legal rulings.

3. Sharh al-Wiqayah (شرح الوقاية):

   • Author: ʿUbaidu ʾllāh ibn Masʿūd (d. 745 AH)
   • Description: A comprehensive commentary on Islamic legal principles.

4. Radd al-Muhtar (رد المحتار):

   • Author: Mohammad Amin ibn Abidin (d. 1252 AH)
   • Description: A critical Hanafi Fiqh text that serves as a significant reference for fatwas (legal opinions).

5. Fatāwā ʿĀlamgīrī (فتاوى عالمكيري):

   • Commissioned by: Emperor Aurangzeb
   • Description: A compilation of Hanafi legal rulings relevant to the Indian subcontinent.

Key Texts in Shia Islam

1. Kitab al-Sharai (الشرائع):

   • Author: Abū ʾl-Ḥasan ʿAlī (d. 326 AH)
   • Description: A foundational text in the study of Shia jurisprudence.

2. Al-Muqni’ fi al-Fiqh (المقنع في الفقه):

   • Author: Abū Jaʿfar (d. 360 AH)
   • Description: A concise yet comprehensive treaty on legal rulings.

3. Shara’i’ al-Islam (شرائع الإسلام):

   • Author: Shaik͟h Najmu ʾd-dīn (d. 679 AH)
   • Description: This work details the various aspects of jurisprudence followed by Twelver Shias.

4. Jami’ al-Abbasi (جامع العباسي):

   • Author: Bahāʾu ʾd-dīn al-‘Āmilī (d. 1031 AH)
   • Description: Notable for its systematic approach to Shia legal norms.

Recommended Books for Further Study

1. “An Introduction to Islamic Law” by Wael B. Hallaq
2. “Islamic Jurisprudence” by Bernard G. Weiss
3. “The Origins and Evolution of Islamic Law” by Wael B. Hallaq
4. “Shari’ah: Theory, Practice, Transformations” by Wael B. Hallaq
5. “Imam Al-Shafi’i: Scholar and Saint” by Kecia Ali

Takeaways

• Fiqh, representing Islamic jurisprudence, is central to practicing Sharia based on human interpretation and understanding.
• It encompasses various texts and doctrines that guide legal and moral living in Islam.
• Sunni and Shia schools have produced influential and foundational works in Fiqh that continue to be studied and followed.
• Understanding Fiqh involves delving into its historical evolution and its application in contemporary Islamic societies.

Conclusion

Fiqh is an essential component of Islamic scholarship, underpinning the legal and ethical framework within which Muslims live their lives. Studying Fiqh offers an illuminating insight into the complex and rich tradition of Islamic law and its implementation. Through various foundational texts and contemporary studies, one can appreciate the depth, diversity, and enduring significance of Fiqh in the Islamic world.