Islamic Jurisprudence Page 1 By: Ayyaz Ahmed Khan Sial

Introduction
The study of Islamic jurisprudence (Shariah/Fiqh) is one of the most extensive studies in Islam. Its
history is older than that of all the other Islamic studies. It has been studied on a very wide scale
throughout the whole of its existence. So many jurisprudents have appeared in Islam that their numbers
cannot be counted.
Fiqh and Shariah
For a proper understanding of the historical development of Islamic law, the terms Fiqh and Shariah
need to be defined. Fiqh has been loosely translated into English as Islamic law and so has Shariah
but these terms are not synonymous either in the Arabic language of to the Muslim scholar.

Fiqh literally means, the true understanding of what is intended. An example of this usage can be found
in the Prophet Muhammads statement: To whomsoever Allaah wishes good, He gives the Fiqh (true
understanding) of the Religion.

Technically, however, Fiqh refers to the science of deducing Islamic laws from evidence found in the
sources of Islamic law. By extension it also means the body of Islamic laws so deduced.

Shariah, literally means, a waterhole where animals gather daily to drink, or the straight path as in the
Quranic verse.

Then we put you on a straight path (Shariah) in you affairs, so follow it and do not follow the desires of
those who have no knowledge.

Islamically, however it refers to the sum total of Islamic laws which were revealed to the Prophet
Muhammad (SW.), and which are recorded in the Quraan as well as deducible from the Prophets
divinely-guided lifestyle (called the Sunnah).

The Arabic word fiqh, is often used to refer to the science of Islamic Law. This is the science that
investigates the specific legal rulings pertaining to worship and all manners of interpersonal dealings.
The jurists research these rulings and the evidence used to derive them.

There can be no doubt that all of these rulings, whether accepted unanimously or disputed, constitute
part of fiqh in the broader Islamic context, but they do not constitute all of it. Likewise, there can be
no dispute that the study of these particular rulings is a most noble endeavor (effort).

Jurisprudence (fiqh) According to the Qur'an and the Traditions:
The words fiqh and tafaqquh, both meaning 'profound understanding', have been often used in the
Q!lr'an and in the Traditions. In the Holy Qur'an we read: 'Why should not a company from every group
of them go forth to gain profound understanding [tafaqquh] in religion and to warn their people when
they return to them, so that they may beware?'. (9:122)
In the Traditions, the Holy Prophet has told us: 'Whoever from my nation learns forty Traditions; God
will raise him as a faqih [jurisprudent], an 'alim [a man of 'ilm or knowledge].

Divisions of Divine Laws
There are two divisions, which the jurisprudents have made of the Divine Laws: the laws of (human)
duty (hukm taklifi or defining law) and the laws of (human) situations (hukm wadi or declatory law).
The laws of duty include those duties that relate to obligation, prohibition, desirability, undesirability
and simple permissibility. These are termed 'the five laws' (ahkaam khamsah).
The laws regarding situation are not like the laws regarding duty. The laws regarding duty consist of
'do's' and 'don't's', commands and prohibitions, or the giving of permissions, while the laws of situation
apply to situations such as marriage and ownership and the rights involved therein.

Islamic Jurisprudence Page 2 By: Ayyaz Ahmed Khan Sial
Components of the Shariah
Islamic Law is further sub-divided into four categories, which are as follows:
(i) Ibadat (rituals)
(ii) Munakahat (marriage or family laws)
(iii) Muamalat (commercial transactions)
(iv) Jinayat (offences, crimes and punishments)

Salient Features of Shariah:
Salient features of the Islamic Shariah are enumerable but some are reduced to writing in the Following
lines:
Complete Code of Life:
Islam is a complete way of life, sent by Allah in the form of revelation on Prophet Muhammad (s). As
such it covers the three essential needs of human life: physical, intellectual and spiritual. These three
aspects of the faith are known individually as:
1 Islam Divine law
2 Imaan - Belief
3 Ihsaan - Ethics and moral character.
The first aspect, Islam, deals primarily with the physical aspects of the faith, such as its obligations,
prohibitions and recommended actions. This is the part of the faith governed by Shariah Islamic law.
This aspect cannot however be implemented by itself, but must complement the other two. When the
Prophet (s) taught Islam to his followers, he taught them all these three aspects at once, in a natural and
holistic (concerned with wholes) approach.

Sources of Shariah:
Shari'ah, or Islamic law, is the code of conduct for Muslims and is based on two main sources: The
Qur'an and the Sunnah of the Prophet. It aims towards the success and welfare of mankind both in this
life and the life after death.
The Qur'an is the main basis of Shari'ah. It states the principles while the sunnah of the Prophet provides
the details of their application. For example, the Qur'an says: establish salah, observe sawm, pay zakah,
take decisions by consultation, do not earn or spend in wrong ways- but it does not describe how to do
these things. It is the sunnah of the Prophet which gives us the details.

Forever:
The purpose of the Shariah is to preserve and promote what is good for human beings in this world and
the hereafter and to prevent what is harmful and bad. It is designed to preserve faith, life, reason,
offspring, honor and property. The entire variety in Sharia, including justice is filled with mercy and
forgiveness and these principles are applicable for all the times to come without any change in the basic
theme.

Impartial:
Shariah provides a clear and straight path which leads to progress and fulfillment in life and the
attainment of Allah's pleasure and it is impartial as not been made by humans rather it covers all aspects
so make it impartial and practicable in this regard.
Universality:
The beauty of Shariah is that it is universal for all the ages in history coupled with all the regions of the
world or countries and its implementation is Universal and having all the patterns to provide guidance to
humans in every possible divergent propositions.

Flexible:
The divine Shariah indicates the path to righteousness; reason discovers the Shariah and relates its
general directives to the pursuit for finding solutions to particular or unprecedented issues, which makes
it flexible for al the ages and propositions.
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Respect:
Shariah laws are respected by the Muslims and they always wish to adopt the same for two very reasons;
one for pleasing Allah (SWT) and second is the same would also serve as their deliverance. On the
contrary the other laws are not liked and respected like Shariah Laws.

Aims of Islamic Shariah:
The agreed upon major aims (maqasid) of the Shariah, through out of its history and until recent times,
are five: protection of religion (Deen), life, mind, offspring, and property. Sheikh Muhammad Al-Tahir
Ibn 'Ashur went beyond the original five and added another two: equality and freedom.

Deen: The primary goal of Shariah is to preserve the deen. Deen comes from the same root word in
Arabic as debt (dayn). The parallel is that in deen, we owe God a great debt for everything that we are
given. In the Quran, God says,

This day have I perfected your religion for you, completed my favor upon you, and have chosen for you
Islam (Submission) as your religion (deen). (5:3)

Essentially, this means that the debt we owe God can only be paid with submitting our will to Gods
will. All the rituals of worship that Muslims are supposed to perform are to preserve the deen itself.

Life: Life is obviously sacred in Islam. The Quran says,
One who kills a soul unjustly, it is as if he has killed humanity and the one who saves a soul, it is as if he
has saved humanity. (5:32)

Intellect: Next to life, Shariah seeks to protect and preserve the intellect of human beings. Anything that
affects the intellect is forbidden. This explains the reason behind the prohibition of alcohol (and by
extension, all kinds of mind-altering drugs).

Property: Shariah seeks to protect the right of people to own property and that is why there are penal
laws that govern the breach of this right when people steal from others.

Lineage/Honor: Islam seeks to protect the lineage and honor of people. This explains why Muslims
have rules such as giving people the benefit of the doubt, discouraging spying on one another, and
backbiting.

Whose duty is it to implement Shariah?
Indeed, it is the duty of all Muslims to implement Shariah and abide by its spirit of ordering what is
good and forbidding what is evil, in their daily life, but this will not happen overnight; rather, it is the
fruit of individuals leading a pious Muslim life. However, it is important to point out that the application
of Shariah is the responsibly casted over the Islamic Government to enforce in the country and facilitate
the Muslims to find it possible to practice in their lives.

Distinction between Shariah and Fiqh:

The distinction From the previous two definitions, the following three differences may be deduced:
1. Shariah is the body of revealed laws found both in the Quraan and in the Sunnah, while Fiqh is a
body of laws deduced from Shariah to cover specific situations not directly treated in Shariah law.
2. Shariah is fixed and unchangeable, whereas Fiqh changes according to the circumstances under which
it is applied.
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3. The laws of Shariah are, for the most part, general: they lay down basic principles. In contrast, the
laws of Fiqh tend to be specific: they demonstrate how the basic principles of Shariah should be applied
in given circumstances.

Man-made laws & Shariah:

Man-made laws differ from Shariah in a number of significant ways enumerated in the following lines: -
Man-made law
1. Men make laws when they feel the need; these laws start
from a few and then grow in number over the years.
2. Man-made laws are not permanent; they can be changed
according to the time and circumstances. For example, in a
particular country at a particular time, drinking alcohol
may be banned; but this can change when public pressure
grows. The American Government once banned alcoholic
drink but removed the ban after a time because it could not
be applied.
3. Man does not have knowledge of the future. Hence,
manmade laws cannot stand the test of time.
4. Man is a created being. His laws are the creation of the
created.
5. Man-made laws may be suitable for a particular nation
or country. They cannot be universal.
6. Men make laws to suit their own needs. Suppose
members of parliament want to decrease the rate of tax on
rich, they would do so, even if the majority of the people
suffered and there was high unemployment in the country.
Shariah or The Creator, Allah's law.
1. Islamic Law is complete and perfect and
covers all aspects of human life.
2. Shariah is permanent for all people all the
time. It does not change with time and
conditions. For example, drinking alcohol
and gambling are not allowed under Islamic
law. No-one can change this; it is a law that
is valid for all time and for all places.
3. Allah is All-knowing and All-powerful;
He is the most Wise and His laws are the
best and are complete.
4. Allah swt is the Creator and His laws are
for men, His creation.
5. Allah's laws are for all nations, all
countries and for all time. They are
universal.
6. Allah is above all needs. He is not
dependent on anything, so His laws are for
the good of all people and not for a few,
selfish people.

Conclusion:
The Islamic Shariah is indeed comprehensive and that it could adopt itself and live up to the new
challenges that face humanity. Finally, like in every problem that challenges the Muslim Ummah, the
Qur'an and the Sunnah have an appealing tone. In Islam, sharia is the ideal that Muslims need to aspire
toward, but not worship. The essence of worship is what is important, and Muslims believe that Allah
(SWT) has defined those means of worship through Shariah. It is for these reasons that discussions
around shariah as a threatening force are often exaggerated and misunderstood by Muslims and non-
Muslims alike.