‫اسالمی فقہ‬

Islamic Law & Jurisprudence

Introduction
Basic Concepts
History & Importance
 Introduction To Islamic Law & Jurisprudence
‫اسالمی فقہ‬

“‫”الفقہ ھو العلم باالحکام الشرعیۃ العملیۃ عن ادلتھا التفصیلیۃ‬

 Fiqh is the human understanding of the Sharia.
 It belongs to the practical life’s issues.
 Fiqh deals with the observance of rituals, morals and social legislation in
Islam.
 Sharia expanded and developed by interpretation (‫ )اجتہاد‬of the Quran
and Sunnah by Islamic jurists (‫)علماء‬.
 Sharia implemented by the rulings (ٰ‫ )فتوی‬of jurists on questions presented
to them.
Basic Concepts of Islamic Law &
Jurisprudence

 A person trained in Fiqh is known as a Faqih ‫( فقیہ‬plural: Fuqaha ‫)فقہا‬.

 The word ”Fiqh” is an Arabic term meaning "deep understanding" or
"full comprehension”
 The historian Ibn Khaldun describes Fiqh as:
"knowledge of the rules of Allah which concern the actions of
persons who own themselves bound to obey the law respecting
what is required (Wajib), sinful (Haraam), recommended
(Mustahab), disapproved (Makrūh) or neutral (Mubah)".
 The wider concept of Islamic jurisprudence is the source of a range of
laws in different topics that guide us in everyday life.
 Sharia ‫شریعت‬

The Shariah is made up of three things:

The laws dictated in the Quran.
The laws revealed to Prophet Mohammed (SAW).
The laws that are taken from the lifestyle (Sunnah) of Prophet
Muhammad (pbuh).
It means the Shariah comes strictly from the Quran and Sunnah.
 Fiqh ‫ِفقہ‬

“Fiqh is making rulings and judgements from evidence found in

the Shariah, that is, the Quran and Sunnah, and from
consensus of Islamic scholars.
Fiqh does not necessarily come directly from the Quran and
Sunnah. But it does come indirectly from these sources.
But Fiqh does not override Shariah. Fiqh is used to create laws
for matters not specifically addressed by the Shariah.
 Differences B/w Sharia & Fiqh:

Quran &
 Shariah cannot be changed. But Fiqh can change based Sunnah
on new information
 Shariah is broad and general. Fiqh focuses on narrow and
Sharia
specific issues.
 Shariah comes from the Quran and Sunnah. Fiqh comes
from the Shariah.
Fiqh
History & Importance of Islamic Law &
Jurisprudence

 Muhammad ibn Idris Ash-Shafi ‫ امام شافعی‬codified the basic

principles of Islamic jurisprudence in his book ’’Ar-Risalah’’.
 The book details the four roots of law;
 Qur'an, Sunnah, Ijma & Qiyas.
The Five Famous Imams of Islamic
Jurisprudence (Fiqh)

Imam Abu Hanaifa (80-150 H)

Imam Malik (93-179 H)
Imam Shafai (150-204 H)
Imam Ahmad (164-241 H)
Imam Ja'far al-Sadiq (83-148 H)