HOME
The Info List - Islamic Jurisprudence


--- Advertisement ---



Fiqh
Fiqh
(/fɪk/; Arabic: فقه‎ [fɪqh]) is Islamic jurisprudence.[1] While sharia is believed by Muslims to represent divine law as revealed in the Quran
Quran
and the Sunnah
Sunnah
(the teachings and practices of the Islamic prophet
Islamic prophet
Muhammad), fiqh is the human understanding of the sharia[2]—sharia expanded and developed by interpretation (ijtihad) of the Quran
Quran
and Sunnah
Sunnah
by Islamic jurists (ulama)[2] and implemented by the rulings (fatwa) of jurists on questions presented to them. Thus conceptually, whereas sharia is considered immutable and infallible, fiqh is considered fallible and changeable. Fiqh
Fiqh
deals with the observance of rituals, morals and social legislation in Islam. In the modern era, there are four prominent schools (madh'hab) of fiqh within Sunni
Sunni
practice, plus two (or three) within Shi'a
Shi'a
practice. A person trained in fiqh is known as a faqīh (plural fuqaha).[3] Figuratively, fiqh means knowledge about Islamic legal rulings from their sources. Thus the figurative definition of fiqh is taken from its literal one in the sense that deriving religious rulings from their sources necessitates the mujtahid (an individual who exercises ijtihad) to have a deep understanding in the different discussions of jurisprudence. A faqīh must look deep down into a matter and not suffice himself with just the apparent meaning, and a person who only knows the appearance of a matter is not qualified as a faqīh.[1] On the studies of fiqh, it is traditionally divided into Uṣūl al-fiqh (principles of Islamic jurisprudence, lit. the roots of fiqh), the methods of legal interpretation and analysis, and Furūʿ al-fiqh (lit. the branches of fiqh), the elaboration of rulings on the basis of these principles.[4][5] Furūʿ al-fiqh is the product of the application of Uṣūl al-fiqh and the total product of human efforts at understanding the divine will. A hukm (plural aḥkām) is a particular ruling in a given case.

Contents

1 Etymology 2 History

2.1 Diagram of early scholars

3 Components

3.1 Component categories 3.2 Methodologies of jurisprudence 3.3 Fields of jurisprudence 3.4 Schools of jurisprudence

4 Possible links with Western law 5 See also 6 Notes 7 References 8 Further reading

Etymology[edit] The word fiqh is an Arabic
Arabic
term meaning "deep understanding"[6]:470 or "full comprehension". Technically it refers to the body of Islamic law extracted from detailed Islamic sources (which are studied in the principles of Islamic jurisprudence) and the process of gaining knowledge of Islam
Islam
through jurisprudence. The historian Ibn Khaldun describes fiqh as "knowledge of the rules of God which concern the actions of persons who own themselves connected to obey the law respecting what is required (wajib), sinful (haraam), recommended (mandūb), disapproved (makrūh) or neutral (mubah)".[7] This definition is consistent amongst the jurists. In Modern Standard Arabic, fiqh has come to mean jurisprudence in general, be it Islamic or secular. It is thus possible to speak of Chief Justice John Roberts
John Roberts
as an expert in the common law fiqh of the United States, or of Egyptian legal scholar Abd El-Razzak El-Sanhuri as an expert in the civil law fiqh of Egypt. History[edit] Main article: Sharia Further information: Islamic economics
Islamic economics
in the world The history of Islamic jurisprudence is "customarily divided into eight periods".[8]

the first period ending with the death of Muhammad
Muhammad
in 11 AH.[8] second period "characterized by personal interpretations" of the canon by the Sahabah
Sahabah
or companions of Muhammad, lasting until 50 A.H.[8] from 50 AH until the early second century AH there was competition between a "a traditionalist approach to jurisprudence" in western Arabia where Islam
Islam
was revealed and a "rationalist approach in Iraq".[8] the "golden age of classical Islamic jurisprudence" from the "early second to the mid-fourth century when the eight "most significant" schools of Sunni
Sunni
and Shi'i jurisprudence emerged."[8] from the mid-fourth century to mid-seventh AH Islamic jurisprudence was "limited to elaborations within the main juristic schools".[8] the "dark age" of Islamic jurisprudence stretched from the fall of Baghdad in the mid-seventh AH (1258 CE) to 1293 AH/1876 CE. In 1293 AH (1876 CE) the Ottomans codified Hanafi
Hanafi
jurisprudence in the Majallah el-Ahkam-i-Adliya. Several "juristic revival movements" influenced by "exposure to Western legal and technological progress" followed until the mid-20th century CE. Muhammad
Muhammad
Abduh and Abd El-Razzak El-Sanhuri were products of this era.[8] The most recent era has been that of the "Islamic revival", which has been "predicated on rejection of Western social and legal advances" and the development of specifically Islamic states, social sciences, economics, and finance.[8]

The formative period of Islamic jurisprudence stretches back to the time of the early Muslim communities. In this period, jurists were more concerned with issues of authority and teaching than with theory and methodology.[9] Progress in theory and methodology happened with the coming of the early Muslim jurist Muhammad
Muhammad
ibn Idris ash-Shafi`i (767–820), who codified the basic principles of Islamic jurisprudence in his book ar-Risālah. The book details the four roots of law (Qur'an, Sunnah, ijma, and qiyas) while specifying that the primary Islamic texts (the Qur'an
Qur'an
and the hadith) be understood according to objective rules of interpretation derived from scientific study of the Arabic language.[10] Secondary sources of law were developed and refined over the subsequent centuries, consisting primarily of juristic preference (istihsan), laws of the previous prophets (shara man qablana), continuity (istishab), extended analogy (maslaha mursala), blocking the means (sadd al-dhari'ah), custome urf and saying of a companion (qawl al-sahabi).[11] Diagram of early scholars[edit] The Quran
Quran
set the rights, the responsibilities and the rules for people and for societies to adhere to, like not dealing in interest. Muhammad
Muhammad
then provided an example, which is recorded in the hadith books, showing people how he practically implemented these rules in a society. After the passing of Muhammad, there was a need for jurists, to decide on new legal matters where there is no such ruling in the Quran
Quran
or the Hadith, example of Islamic prophet
Islamic prophet
Muhammad
Muhammad
regarding a similar case.[12][13] In the years proceeding Muhammad, the community in Madina continued to use the same rules. People were familiar with the practice of Muhammad and therefore continued to use the same rules. The scholars appearing in the diagram below were taught by Muhammad's companions, many of whom settled in Madina.[14] Muwatta[15] by Malik ibn Anas was written as a consensus of the opinion, of these scholars.[16][17][18] The Muwatta[15] by Malik ibn Anas
Malik ibn Anas
quotes 13 hadiths from Imam Jafar al-Sadiq.[19] Much of the knowledge we have about Muhammad
Muhammad
is narrated through Aisha the wife of Muhammad, also a renowned scholar of her time. Aisha raised and taught her nephew Qasim ibn Muhammad
Muhammad
ibn Abu Bakr
Abu Bakr
after her brother Muhammad
Muhammad
ibn Abu Bakr
Abu Bakr
was killed by the Syrians. Qasim ibn Muhammad
Muhammad
ibn Abu Bakrs mother was from Alis family and Qasims daughter Farwah bint al-Qasim
Farwah bint al-Qasim
was married to Muhammad
Muhammad
al-Baqir and was the mother of Jafar al-Sadiq. Therefore, Qasim ibn Muhammad ibn Abu Bakr
Abu Bakr
was the grand son of Abu Bakr
Abu Bakr
the first caliph and the grand father of Jafar al-Sadiq
Jafar al-Sadiq
whose views the twelver Shias follow. The twelver Shia
Shia
do not accept Abu Bakr
Abu Bakr
as the first caliph but do accept his great-great-grandson Jafar al-Sadiq. Aishas also taught her nephew Urwah ibn Zubayr. He then taught his son Hisham ibn Urwah, who was the main teacher of Malik ibn Anas
Malik ibn Anas
whose views many Sunni
Sunni
follow and also taught Jafar al-Sadiq. Qasim ibn Muhammad
Muhammad
ibn Abu Bakr, Hisham ibn Urwah and Muhammad
Muhammad
al-Baqir taught Zayd ibn Ali, Jafar al-Sadiq, Abu Hanifa, and Malik ibn Anas. Imam Jafar al-Sadiq, Imam Abu Hanifa
Abu Hanifa
and Malik ibn Anas
Malik ibn Anas
worked together in Al-Masjid an-Nabawi
Al-Masjid an-Nabawi
in Medina. Along with Qasim ibn Muhammad
Muhammad
ibn Abu Bakr, Muhammad
Muhammad
al-Baqir, Zayd ibn Ali
Zayd ibn Ali
and over 70 other leading jurists and scholars. Al-Shafi‘i
Al-Shafi‘i
was taught by Malik ibn Anas. Ahmad ibn Hanbal
Ahmad ibn Hanbal
was taught by Al-Shafi‘i. Muhammad
Muhammad
al-Bukhari travelled every where collecting hadith and his father Ismail ibn Ibrahim was a student of Malik ibn Anas[20][21][22][23][24]

v t e

Early Islamic scholars

 

 

 

 

 

 

 

 

Muhammad
Muhammad
(570–632) prepared the Constitution of Medina, taught the Quran, and advised his companions

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

`Abd Allah bin Masud (died 650) taught Ali
Ali
(607-661) fourth caliph taught Aisha, Muhammad's wife and Abu Bakr's daughter taught Abd Allah ibn Abbas
Abd Allah ibn Abbas
(618-687) taught Zayd ibn Thabit (610-660) taught Umar
Umar
(579-644) second caliph taught Abu Hurairah
Abu Hurairah
(603 – 681) taught

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Alqama ibn Qays (died 681) taught

 

Husayn ibn Ali
Ali
(626–680) taught Qasim ibn Muhammad
Muhammad
ibn Abu Bakr
Abu Bakr
(657-725) taught and raised by Aisha Urwah ibn Zubayr
Urwah ibn Zubayr
(died 713) taught by Aisha, he then taught Said ibn al-Musayyib (637-715) taught Abdullah ibn Umar
Umar
(614-693) taught Abd Allah ibn al-Zubayr (624-692) taught by Aisha, he then taught

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ibrahim al-Nakha’i taught

 

 

Ali
Ali
ibn Husayn Zayn al-Abidin (659–712) taught

 

 

 

 

Hisham ibn Urwah (667-772) taught Ibn Shihab al-Zuhri (died 741) taught Salim ibn Abd-Allah ibn Umar
Umar
taught Umar
Umar
ibn Abdul Aziz (682-720) raised and taught by Abdullah ibn Umar

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Hammad bin ibi Sulman taught

 

 

Muhammad
Muhammad
al-Baqir (676-733) taught Farwah bint al-Qasim
Farwah bint al-Qasim
Abu Bakr's great grand daughter Jafar's mother

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Abu Hanifa
Abu Hanifa
(699 — 767) wrote Al Fiqh
Fiqh
Al Akbar and Kitab Al-Athar, jurisprudence followed by Sunni, Sunni
Sunni
Sufi, Barelvi, Deobandi, Zaidiyyah
Zaidiyyah
Shia
Shia
and originally by the Fatimid and taught Zayd ibn Ali
Zayd ibn Ali
(695-740) Ja'far bin Muhammad
Muhammad
Al-Baqir (702–765) Ali's and Abu Bakr's great great grand son taught Malik ibn Anas
Malik ibn Anas
(711 – 795) wrote Muwatta, jurisprudence from early Medina period now mostly followed by Sunni
Sunni
in Africa and taught

 

Al-Waqidi (748 – 822) wrote history books like Kitab al-Tarikh wa al-Maghazi, student of Malik ibn Anas Abu Muhammad
Muhammad
Abdullah ibn Abdul Hakam (died 829) wrote biographies and history books, student of Malik ibn Anas

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Abu Yusuf
Abu Yusuf
(729-798) wrote Usul al-fiqh Muhammad
Muhammad
al-Shaybani (749–805)

 

 

 

Al-Shafi‘i
Al-Shafi‘i
(767—820) wrote Al-Risala, jurisprudence followed by Sunni
Sunni
and taught Ismail ibn Ibrahim

 

Ali
Ali
ibn al-Madini (778–849) wrote The Book of Knowledge of the Companions

 

Ibn Hisham (died 833) wrote early history and As-Sirah an-Nabawiyyah, Muhammad's biography

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Isma'il ibn Jafar
Isma'il ibn Jafar
(719-775) Musa al-Kadhim
Musa al-Kadhim
(745-799)

 

Ahmad ibn Hanbal
Ahmad ibn Hanbal
(780—855) wrote Musnad Ahmad ibn Hanbal jurisprudence followed by Sunni
Sunni
and hadith books Muhammad
Muhammad
al-Bukhari (810-870) wrote Sahih al-Bukhari
Sahih al-Bukhari
hadith books Muslim ibn al-Hajjaj
Muslim ibn al-Hajjaj
(815-875) wrote Sahih Muslim
Sahih Muslim
hadith books Muhammad
Muhammad
ibn Isa at-Tirmidhi (824-892) wrote Jami` at-Tirmidhi
Jami` at-Tirmidhi
hadith books Al-Baladhuri (died 892) wrote early history Futuh al-Buldan, Genealogies of the Nobles

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ibn Majah
Ibn Majah
(824- 887) wrote Sunan ibn Majah
Sunan ibn Majah
hadith book

 

Abu Dawood
Abu Dawood
(817–889) wrote Sunan Abu Dawood
Abu Dawood
Hadith
Hadith
Book

 

 

 

 

 

 

Muhammad
Muhammad
ibn Ya'qub al-Kulayni (864- 941) wrote Kitab al-Kafi
Kitab al-Kafi
hadith book followed by Twelver
Twelver
Shia

 

 

 

 

 

 

 

 

 

 

Muhammad
Muhammad
ibn Jarir al-Tabari (838–923) wrote History of the Prophets and Kings, Tafsir
Tafsir
al-Tabari

 

Abu al-Hasan al-Ash'ari
Abu al-Hasan al-Ash'ari
(874–936) wrote Maqālāt al-islāmīyīn, Kitāb al-luma, Kitāb al-ibāna 'an usūl al-diyāna

 

 

 

 

 

 

Ibn Babawayh
Ibn Babawayh
(923-991) wrote Man la yahduruhu al-Faqih
Man la yahduruhu al-Faqih
jurisprudence followed by Twelver
Twelver
Shia

 

Sharif Razi (930-977) wrote Nahj al-Balagha
Nahj al-Balagha
followed by Twelver
Twelver
Shia

 

Nasir al-Din al-Tusi
Nasir al-Din al-Tusi
(1201-1274) wrote jurisprudence books followed by Ismaili and Twelver
Twelver
Shia

 

 

Al-Ghazali
Al-Ghazali
(1058–1111) wrote The Niche for Lights, The Incoherence of the Philosophers, The Alchemy of Happiness on Sufism

 

Rumi
Rumi
(1207-1273) wrote Masnavi, Diwan-e Shams-e Tabrizi
Diwan-e Shams-e Tabrizi
on Sufism

 

 

 

 

 

 

 

Key: Some of Muhammad's Companions Key: Taught in Medina Key: Taught in Iraq Key: Worked in Syria Key: Travelled extensively collecting the sayings of Muhammad
Muhammad
and compiled books of hadith Key: Worked in Iran

In the books actually written by these original jurists and scholars, there are very few theological and judicial differences between them. Imam Ahmad rejected the writing down and codifying of the religious rulings he gave. They knew that they might have fallen into error in some of their judgements and stated this clearly. They never introduced their rulings by saying, "Here, this judgement is the judgement of God and His prophet."[25] There is also very little text actually written down by Jafar al-Sadiq
Jafar al-Sadiq
himself. They all give priority to the Qur'an
Qur'an
and the Hadith
Hadith
(the practice of Muhammad). They felt that the Quran
Quran
and the Hadith, the example of Muhammad
Muhammad
provided people with almost everything they needed. "This day I have perfected for you your religion and completed My favor upon you and have approved for you Islam
Islam
as religion" Quran
Quran
5:3.[26] These scholars did not distinguish between each other. They were not Sunni
Sunni
or Shia. They felt that they were following the religion of Abraham as described in the Quran
Quran
"Say: Allah speaks the truth; so follow the religion of Abraham, the upright one. And he was not one of the polytheists" ( Qur'an
Qur'an
3:95). Most of the differences are regarding Sharia
Sharia
laws devised through Ijtihad where there is no such ruling in the Quran
Quran
or the Hadiths of Islamic prophet
Islamic prophet
Muhammad
Muhammad
regarding a similar case.[25] As these jurists went to new areas, they were pragmatic and continued to use the same ruling as was given in that area during pre-Islamic times, if the population felt comfortable with it, it was just and they used Ijtihad to deduce that it did not conflict with the Quran
Quran
or the Hadith. As explained in the Muwatta[15] by Malik ibn Anas.[16] This made it easier for the different communities to integrate into the Islamic State and assisted in the quick expansion of the Islamic State. To reduce the divergence, ash- Shafi'i
Shafi'i
proposed giving priority to the Qur'an
Qur'an
and the Hadith
Hadith
(the practice of Muhammad) and only then look at the consensus of the Muslim jurists (ijma) and analogical reasoning (qiyas).[16] This then resulted in jurists like Muhammad al-Bukhari[27] dedicating their lives to the collection of the correct Hadith, in books like Sahih al-Bukhari. Sahih translates as authentic or correct. They also felt that Muhammad's judgement was more impartial and better than their own. These original jurists and scholars also acted as a counterbalance to the rulers. When they saw injustice, all these scholars spoke out against it. As the state expanded outside Madina, the rights of the different communities, as they were constituted in the Constitution of Medina still applied. The Quran
Quran
also gave additional rights to the citizens of the state and these rights were also applied. Ali, Hassan and Hussein ibn Ali
Ali
gave their allegiance to the first three caliphs because they abided by these conditions. Later Ali
Ali
the fourth caliph wrote in a letter "I did not approach the people to get their oath of allegiance but they came to me with their desire to make me their Amir (ruler). I did not extend my hands towards them so that they might swear the oath of allegiance to me but they themselves extended their hands towards me".[28] But later as fate would have it (Predestination in Islam) when Yazid I, an oppressive ruler took power, Hussein ibn Ali
Ali
the grand son of Muhammad
Muhammad
felt that it was a test from God for him and his duty to confront him. Then Abd Allah ibn al-Zubayr, Qasim ibn Muhammad
Muhammad
ibn Abu Bakrs cousin confronted the Umayyad
Umayyad
rulers after Hussein ibn Ali
Ali
was betrayed by the people of Kufa and killed by Syrian Roman Army now under the control of the Yazid I
Yazid I
the Umayyad ruler.[29] Abd Allah ibn al-Zubayr then took on the Umayyad's and expelled their forces from Hijaz
Hijaz
and Iraq. But then his forces were depleted in Iraq, trying to stop the Khawarij. The Ummayad's then moved in. After a lengthy campaign, on his last hour Abd Allah ibn al-Zubayr asked his mother Asma' bint Abu Bakr
Abu Bakr
the daughter of Abu Bakr the first caliph for advice. Asma' bint Abu Bakr
Abu Bakr
replied to her son, she said:[30] "You know better in your own self, that if you are upon the truth and you are calling towards the truth go forth, for people more honourable than you have been killed and if you are not upon the truth, then what an evil son you are and you have destroyed yourself and those who are with you. If you say, that if you are upon the truth and you will be killed at the hands of others, then you will not truly be free". Abd Allah ibn al-Zubayr left and was later also killed and crucified by the Syrian Roman Army now under the control of the Umayyads and led by Hajjaj. Muhammad
Muhammad
ibn Abi Bakr the son of Abu Bakr the first caliph and raised by Ali
Ali
the fourth caliph was also killed by the Ummayads.[31] Aisha
Aisha
then raised and taught his son Qasim ibn Muhammad
Muhammad
ibn Abu Bakr
Abu Bakr
who later taught his grandson Jafar al-Sadiq. During the early Ummayad period, there was more community involvement. The Quran
Quran
and Muhammad's example was the main source of law after which the community decided. If it worked for the community, was just and did not conflict with the Quran
Quran
and the example of Muhammad, it was accepted. This made it easier for the different communities, with Roman, Persian, Central Asia
Central Asia
and North African backgrounds to integrate into the Islamic State and that assisted in the quick expansion of the Islamic State. The scholars in Madina were consulted on the more complex judicial issues. The Sharia
Sharia
and the official more centralized schools of fiqh developed later, during the time of the Abbasids.[32] Components[edit]

Legal systems of the world

The sources of fiqh in order of importance are

the Qur'an Hadith Ijma, i.e. collective reasoning and consensus amongst authoritative Muslims of a particular generation, and its interpretation by Islamic scholars. Qiyas, i.e. analogy which is deployed if Ijma
Ijma
or historic collective reasoning on the issue is not available.[33]

The Qur'an
Qur'an
gives clear instructions on many issues, such as how to perform the ritual purification (wudu) before the obligatory daily prayers (salat), but on other issues, some Muslims believe the Qur'an alone is not enough to make things clear. For example, the Qur'an states one needs to engage in daily prayers (salat) and fast (sawm) during the month of Ramadan but Muslims believe they need further instructions on how to perform these duties. Details about these issues can be found in the traditions of Muhammad, so Qur'an
Qur'an
and Sunnah
Sunnah
are in most cases the basis for (Shariah). Some topics are without precedent in Islam's early period. In those cases, Muslim jurists (Fuqaha) try to arrive at conclusions by other means. Sunni
Sunni
jurists use historical consensus of the community (Ijma); a majority in the modern era also use analogy (Qiyas) and weigh the harms and benefits of new topics (Istislah), and a plurality utilizes juristic preference (Istihsan). The conclusions arrived at with the aid of these additional tools constitute a wider array of laws than the Sharia
Sharia
consists of, and is called fiqh. Thus, in contrast to the sharia, fiqh is not regarded as sacred and the schools of thought have differing views on its details, without viewing other conclusions as sacrilegious. This division of interpretation in more detailed issues has resulted in different schools of thought (madh'hab). This wider concept of Islamic jurisprudence is the source of a range of laws in different topics that guide Muslims in everyday life. Component categories[edit] Islamic jurisprudence (fiqh) covers two main areas:

Rules in relation to actions, and, Rules in relation to circumstances surrounding actions.

These types of rules can also fall into two groups:

Worship (Ibadaat) Dealings & Transactions (with people) (Mu`amalaat)

Rules in relation to actions ('amaliyya — عملية) or "decision types" comprise:

Obligation (fardh) Recommendation (mustahabb) Permissibility (mubah) Disrecommendation (makrooh) Prohibition (haraam)

Rules in relation to circumstances (wadia') comprise:

Condition (shart) Cause (sabab) Preventor (mani) Permit / Enforced (rukhsah, azeemah) Valid / Corrupt / Invalid (sahih, fasid, batil) In time / Deferred / Repeat (adaa, qadaa, i'ada)

Methodologies of jurisprudence[edit] Main article: Usul al-fiqh The modus operandi of the Muslim jurist is known as usul al-fiqh ("principles of jurisprudence"). There are different approaches to the methodology used in jurisprudence to derive Islamic law from the primary sources. The main methodologies are those of the Sunni, Shi'a
Shi'a
and Ibadi
Ibadi
denominations. While both Sunni
Sunni
and Shi'ite are divided into smaller sub-schools, the differences among the Shi'ite schools is considerably greater. Ibadites only follow a single school without divisions.

Fatawa

While using court decisions as legal precedents and case law are central to Western law, the importance of the institution of fatawa (non-binding answers by Islamic legal scholars to legal questions) has been called "central to the development" of Islamic jurisprudence.[34] This is in part because of a "vacuum" in the other source of Islamic law, qada` (legal rulings by state appointed Islamic judges) after the fall of the last caliphate the Ottoman Empire.[8] While the practice in Islam
Islam
dates back to the time of Muhammad, according to at least one source ( Muhammad
Muhammad
El-Gamal), it is "modeled after the Roman system of responsa," and gives the questioner "decisive primary-mover advantage in choosing he question and its wording."[8]

Arguments for and against reform

Each school (madhhab) reflects a unique al-urf or culture (a cultural practice that was influenced by traditions), that the classical jurists themselves lived in, when rulings were made. Some suggest that the discipline of isnad, which developed to validate hadith made it relatively easy to record and validate also the rulings of jurists. This, in turn, made them far easier to imitate (taqlid) than to challenge in new contexts. The argument is, the schools have been more or less frozen for centuries, and reflect a culture that simply no longer exists. Traditional scholars hold that religion is there to regulate human behavior and nurture people's moral side and since human nature has not fundamentally changed since the beginning of Islam
Islam
a call to modernize the religion is essentially one to relax all laws and institutions. Early shariah had a much more flexible character, and some modern Muslim scholars believe that it should be renewed, and that the classical jurists should lose special status. This would require formulating a new fiqh suitable for the modern world, e.g. as proposed by advocates of the Islamization of knowledge, which would deal with the modern context. This modernization is opposed by most conservative ulema. Traditional scholars hold that the laws are contextual and consider circumstance such as time, place and culture, the principles they are based upon are universal such as justice, equality and respect. Many Muslim scholars argue that even though technology may have advanced, the fundamentals of human life have not. Fields of jurisprudence[edit]

Criminal Economics Etiquette Hygienical Inheritance Marital Military Political Theological

Schools of jurisprudence[edit] Main article: Madhhab There are several schools of fiqh thought (Arabic: مذهب‎ maḏhab; pl. مذاهب maḏāhib)

Map of the Muslim world
Muslim world
with the main madh'habs.

The schools of Sunni
Sunni
Islam
Islam
are each named by students of the classical jurist who taught them. The Sunni
Sunni
schools (and where they are commonly found) are

Hanafi
Hanafi
(Turkey, the Balkans, Central Asia, Indian subcontinent, China and Egypt) Maliki
Maliki
(North Africa, West Africa
West Africa
and several of the Arab states of the Persian Gulf) Shafi'i
Shafi'i
(Kurdistan, Indonesia, Malaysia, Egypt, East Africa, Yemen, and southern parts of India) Hanbali
Hanbali
(Saudi Arabia) see Wahhabism Zahiri
Zahiri
(minority communities in Morocco
Morocco
and Pakistan) Qurtubi
Qurtubi
No longer exists Laythi
Laythi
No longer exists but there are a few texts left of it.

The schools of Shia
Shia
Islam
Islam
comprise:

Ja'fari
Ja'fari
( Twelver
Twelver
Shia: Iran, Iraq, Lebanon, etc.) Zaydi
Zaydi
(Yemen)

Entirely separate from both the Sunni
Sunni
and Shia
Shia
traditions, Khawarij Islam
Islam
has evolved its own distinct school.

Ibadi
Ibadi
(Oman)

These schools share many of their rulings, but differ on the particular hadiths they accept as authentic and the weight they give to analogy or reason (qiyas) in deciding difficulties. Possible links with Western law[edit] Main article: Sharia: Classic Islamic law A number of important legal institutions were developed by Muslim jurists during the classical period of Islam, known as the Islamic Golden Age. One such institution was the Hawala, an early informal value transfer system, which is mentioned in texts of Islamic jurisprudence as early as the 8th century. Hawala
Hawala
itself later influenced the development of the agency in common law and in civil laws such as the aval in French law and the avallo in Italian law.[35] The "European commenda" (Islamic Qirad) used in European civil law may have also originated from Islamic law.[36] The Waqf
Waqf
in Islamic law, which developed during the 7th–9th centuries, bears a notable resemblance to the trusts in the English trust law.[37] For example, every Waqf
Waqf
was required to have a waqif (settlor), mutawillis (trustee), qadi (judge) and beneficiaries.[38] The trust law developed in England
England
at the time of the Crusades, during the 12th and 13th centuries, was introduced by Crusaders who may have been influenced by the Waqf
Waqf
institutions they came across in the Middle East.[39][40] The Islamic lafif was a body of twelve members drawn from the neighbourhood and sworn to tell the truth, who were bound to give a unanimous verdict, about matters "which they had personally seen or heard, binding on the judge, to settle the truth concerning facts in a case, between ordinary people, and obtained as of right by the plaintiff." The only characteristic of the English jury which the Islamic lafif lacked was the "judicial writ directing the jury to be summoned and directing the bailiff to hear its recognition." According to Professor John Makdisi, "no other institution in any legal institution studied to date shares all of these characteristics with the English jury." It is thus likely that the concept of the lafif may have been introduced to England
England
by the Normans, who conquered both England
England
and the Emirate of Sicily, and then evolved into the modern English jury.[36] Several other fundamental common law institutions may have been adapted from similar legal institutions in Islamic law and jurisprudence, and introduced to England
England
by the Normans
Normans
after the Norman conquest of England
England
and the Emirate of Sicily, and by Crusaders during the Crusades. In particular, the "royal English contract protected by the action of debt is identified with the Islamic Aqd, the English assize of novel disseisin is identified with the Islamic Istihqaq, and the English jury is identified with the Islamic lafif." Other English legal institutions such as "the scholastic method, the licence to teach", the "law schools known as Inns of Court
Inns of Court
in England and Madrasas in Islam" and the "European commenda" (Islamic Qirad) may have also originated from Islamic law.[36] The methodology of legal precedent and reasoning by analogy (Qiyas) are also similar in both the Islamic and common law systems.[41] These influences have led some scholars to suggest that Islamic law may have laid the foundations for "the common law as an integrated whole".[36] See also[edit]

Islam
Islam
portal Law portal

Abdallah al-Harari Bahar-e-Shariat Mizan, a comprehensive treatise on the contents of Islam
Islam
written by Javed Ahmed Ghamidi. Palestinian law Ma'ruf Sources of Islamic law List of Islamic terms in Arabic Urf

Notes[edit]

^ a b Fiqh
Fiqh
Encyclopædia Britannica ^ a b Vogel, Frank E. (2000). Islamic Law and the Legal System of Saudí: Studies of Saudi Arabia. Brill. pp. 4–5. ISBN 9004110623.  ^ Glasse, Cyril, The New Encyclopedia of Islam, Altamira, 2001, p.141 ^ Calder 2009. ^ Schneider 2014. ^ Mohammad Taqi al-Modarresi
Mohammad Taqi al-Modarresi
(26 March 2016). The Laws of Islam
Islam
(PDF). Enlight Press. ISBN 978-0994240989. Retrieved 22 December 2017.  ^ Levy (1957). Page 150. ^ a b c d e f g h i j El-Gamal, Islamic Finance, 2006: p.30-1 ^ Weiss, Bernard G. (2002) Studies in Islamic Legal Theory, edited by Bernard G. Weiss, (Leiden: E. J. Brill, 2002. pp.3, 161.) ^ Weiss, Bernard G. (2002), Studies in Islamic Legal Theory, edited by Bernard G. Weiss, (Leiden: E. J. Brill, 2002. p.162. ^ Nyazee, Imran Ahsan Khan (2000). Islamic Jurisprudence (UsulAI-Fiqh). Islamabad: Islamic Research Institute Press. ^ Islam
Islam
Vs. West.  ^ Islamic State Practices, International Law and the Threat from Terrorism.  ^ "ulama".  ^ a b c "Muwatta".  ^ a b c A History of Islamic Law.  ^ E.J. Brill's First Encyclopaedia of Islam, 1913-1936.  ^ Studies in Islamic History and Civilization.  ^ Al-Muwatta of Imam Malik Ibn Anas, translated by Aisha
Aisha
Bewley (Book #5, Hadith
Hadith
#5.9.23)(Book #16, Hadith
Hadith
#16.1.1)(Book #17, Hadith #17.24.43)(Book #20, Hadith
Hadith
#20.10.40)(Book #20, Hadith #20.11.44)(Book #20, Hadith
Hadith
#20.32.108)(Book #20, Hadith #20.39.127)(Book #20, Hadith
Hadith
#20.40.132)(Book #20, Hadith
Hadith
#20.49.167) (Book #20, Hadith
Hadith
#20.57.190)(Book #26, Hadith
Hadith
#26.1.2)(Book #29, Hadith
Hadith
#29.5.17)(Book #36, Hadith
Hadith
#36.4.5) Al-Muwatta' ^ Understanding Women in Islam.  ^ Classical Islam.  ^ Judaism and Islam
Islam
in Practice.  ^ "Jafar Al-Sadiq".  ^ "IMAM JAFAR BIN MUHAMMAD AS-SADIQ (AS)".  ^ a b Modernist Islam, 1840-1940.  ^ "Surat Al-Ma'idah [5:3] - The Noble Qur'an
Qur'an
- القرآن الكريم". Archived from the original on 25 September 2013.  Quran
Quran
Surah Al-Maaida ( Verse 3 ) ^ Bukhari, Sahih. "Sahih Bukhari : Read, Study, Search Online".  ^ Nahj ul Balagha Letter 54 ^ Najeebabadi, Akbar Shah (2001). The History of Islam
Islam
V.2. Riyadh: Darussalam. pp. 110. ISBN 9960-892-88-3. ^ "The Advice of Asmaa bint Abu Bakr
Abu Bakr
(ra) to her son Abdullah Ibn Zubair (ra)".  ^ Nahj al-Balagha
Nahj al-Balagha
Sermon 71, Letter 27, Letter 34, Letter 35 ^ Muawiya Restorer of the Muslim Faith By Aisha
Aisha
Bewley Page 68 ^ Irshad Abdel Haqq. Ramadan, Hisham M., ed. Understanding Islamic Law: From Classical to Contemporary. Rowman Altamira. Retrieved 17 August 2016.  ^ El-Gamal, Islamic Finance, 2006: p.32 ^ Badr, Gamal Moursi (Spring 1978). "Islamic Law: Its Relation to Other Legal Systems". The American Journal of Comparative Law. American Society of Comparative Law. 26 (2 – Proceedings of an International Conference on Comparative Law, Salt Lake City, Utah, 24–25 February 1977): 187–198 [196–8]. doi:10.2307/839667. JSTOR 839667.  ^ a b c d Makdisi 1999 ^ Gaudiosi 1988 ^ Gaudiosi 1988, pp. 1237–40 ^ Hudson 2003, p. 32 ^ Gaudiosi 1988, pp. 1244–5 ^ El-Gamal, Mahmoud A. (2006). Islamic Finance: Law, Economics, and Practice. Cambridge University Press. p. 16. ISBN 0-521-86414-3. 

References[edit]

Doi, Abd ar-Rahman I., and Clarke, Abdassamad (2008). Shari'ah: Islamic Law. Ta-Ha Publishers Ltd., ISBN 978-1-84200-087-8 (hardback) Cilardo, Agostino, "Fiqh, History of", in Muhammad
Muhammad
in History, Thought, and Culture: An Encyclopedia of the Prophet of God (2 vols.), Edited by C. Fitzpatrick and A. Walker, Santa Barbara, ABC-CLIO, 2014, Vol I, pp. 201–206. El-Gamal, Mahmoud A. (2006). Islamic Finance : Law, Economics, and Practice (PDF). Cambridge University Press.  Gaudiosi, Monica M (April 1988). "The Influence of the Islamic Law of Waqf
Waqf
on the Development of the Trust in England_ The Case of Merton College". University of Pennsylvania Law Review. The University of Pennsylvania Law Review. 136 (4): 1231–1261. doi:10.2307/3312162. JSTOR 3312162.  Levy, Reuben (1957). The Social Structure of Islam. UK: Cambridge University Press. ISBN 978-0-521-09182-4.  Makdisi, John A. (June 1999). "The Islamic Origins of the Common Law". North Carolina Law Review. 77 (5): 1635–1739. 

Further reading[edit]

Potz, Richard, Islamic Law and the Transfer of European Law, European History Online, Mainz: Institute of European History, 2011. (Retrieved 28 November 2011.)

v t e

Islam
Islam
topics

Outline of Islam

Beliefs

God in Islam Tawhid Muhammad

In Islam

Prophets of Islam Angels Revelation Predestination Judgement Day

Five Pillars

Shahada Salah Sawm Zakat Hajj

History Leaders

Timeline of Muslim history Conquests Golden Age Historiography Sahaba Ahl al-Bayt Shi'a
Shi'a
Imams Caliphates

Rashidun Umayyad Abbasid Córdoba Fatimid Almohad Sokoto Ottoman

Religious texts

Quran Sunnah Hadith Tafsir Seerah

Denominations

Sunni Shia Ibadi Black Muslims Ahmadiyya Quranism Non-denominational

Life Culture

Animals Art Calendar Children Clothing Holidays Mosques Madrasas Moral teachings Music Philosophy Political aspects Qurbani Science

medieval

Social welfare Women LGBT Islam
Islam
by country

Law Jurisprudence

Economics

Banking Economic history Sukuk Takaful Murabaha Riba

Hygiene

Ghusl Miswak Najis Tayammum Toilet Wudu

Marriage Sex

Marriage contract Mahr Mahram Masturbation Nikah Nikah Mut‘ah Zina

Other aspects

Cleanliness Criminal Dhabiĥa Dhimmi Divorce Diet Ethics Etiquette Gambling Gender segregation Honorifics Hudud Inheritance Jizya Leadership Ma malakat aymanukum Military

POWs

Slavery Sources of law Theological

baligh kalam

 Islamic studies

Arts

Arabesque Architecture Calligraphy Carpets Gardens Geometric patterns Music Pottery

Medieval science

Alchemy and chemistry Astronomy Cosmology Geography and cartography Mathematics Medicine Ophthalmology Physics

Philosophy

Early Contemporary Eschatology Theological

Other areas

Astrology Creationism (evolution) Feminism Inventions Liberalism and progressivism Literature

poetry

Psychology Shu'ubiyya Conversion to mosques

Other religions

Christianity

Mormonism Protestantism

Hinduism Jainism Judaism Sikhism

Related topics

Apostasy Criticism of Islam Cultural Muslim Islamism

Criticism Post-Islamism Qutbism Salafi movement

Islamophobia

Incidents

Islamic terrorism Islamic view of miracles Domestic violence Nursing Persecution of Muslims Quran
Quran
and miracles Symbolism

Islam
Islam
portal Category

Authority control

.

Warning: Invalid argument supplied for foreach() in D:\Bitnami\wampstack-7.1.16-0\apache2\htdocs\php\PeriodicService.php on line 61