FIQH Islamic Jurisprudence

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FIQH - ?????Islamic Jurisprudence

• An Introduction

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Definition

• Fiqh literally means to comprehend
• Fiqh - The science of extraction of practical
  religious regulations from their detailed
  sources.
• Allah Almighty says in 9122
• Nor should the Believers all go forth together
  if a contingent from every expedition remained
  behind, they could devote themselves to acquiring
  fiqh in religion, and admonish the people when
  they return to them, that thus they (may learn)
  to guard themselves (against evil).
• Shariah - Those doctrinal, practical and
  dispositional regulations which Allah has
  legislated through one of His Messengers.

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Definition of Faqih

• Literally, an expert in the science of Fiqh
• Plural form Fuqaha
• "The faqih is the one who is frugal in this
  world, desirous of the Hereafter, a person who
  has insight into his religion, who is constant in
  the worship of his Lord, who keeps himself well
  away from violating the characters of and
  property of Muslims, and who is an advisor to
  them."Hasan al-Basri

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Sources of Fiqh

• Primary Sources             Qur'an            
  Sunnah
• Secondary Sources             Consensus (Ijma)
              Analogy (Qiyas)

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Differences between the Islamic Shariah and
Man-Made Law

• Divine origin vs. Human origin.
• Consequences in this world and the Hereafter vs.
  This world only.
• Development of personal accountability to Allah
  vs. Mere loyalty to the law
• Absolute criteria providing for the benefit of
  creatures vs. Popular opinion which may or may
  not be beneficial.

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Categories of Actions DOS

• Fard             Fard Ayn             Fard
  Kifayah
• Wajib
• Sunnah Muakkadah / Sunan Al-Huda
• Mustahab / Sunnah Ghair Muakkadah/ Adab / Sunan
  Az zawaid / Sunan Adiyyah
• Mubah

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Categories of Actions DONTS

• Haram (totally forbidden)
• Makruh Tahrimi (highly reprehensible)
• Makruh Tanzihi / Khilaf Al-Awla (slightly
  reprehensible)

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Branches of Fiqh

• Aqaaid Beliefs, doctrine
• Ibadaat Worship rituals
• Muaamalaat Mutual dealings
• Muaasharaat Mutual conduct
• Akhlaaq Inner character

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Branches of Fiqh

• Ibadat
• Taharah Purification
• Salah 5 times daily Prayer
• Zakah Annual Alms-giving
• Sawm Fasting in Ramadhan
• Hajj - Pilgrimage

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Branches of Fiqh

• Muamalaat
• Trade
• Commissioning
• Gifts
• Endowments
• Lost Found
• Deposits

• 7. Agriculture
• 8. Interest
• 9. Manufacturing
• 10. Leasing Hiring
• 11. Collaterals
• 12. Partnerships

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Branches of Fiqh

• Muasharaat
• Marriage
• Divorce
• Custody
• Support
• Inheritance

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Branches of Fiqh

• Penal Code
• Murder
• Theft
• Adultery
• Slander
• Highway Robbery

• Drinking
• Oaths Expiations
• Judgment
• Testimony
• Coercion

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Evolution of Fiqh

• Fiqh at the time of the Prophet (may Allah bless
  him and grant him peace).
• Fiqh in the time of the Sahabah.
• Fiqh in the time of the Tabieen
• Imam Abu Hanifah an-Numan ibn Thabit al-Kufi,
  (80-150 A.H.).
• Imam Abu Abdillah Malik ibn Anas al-Yahsubi,
  (93-179 A.H.)
• Imam Abu Abdillah Muhammad ibn Idris al-Shafii,
  (150-204 A.H.)
• Imam Abu Abdillah Ahmad ibn Muhammad ibn Hanbal
  al-Shaybani, (164-241 A.H.) Agree on 75 of
  material.