JURISPRUDENCE (FIQH)
Definitions
Shari`ah - Those doctrinal, practical and dispositional
regulations which Allah has legislated through one of His Messengers.
Fiqh - The science of extraction of practical religious regulations from
their detailed sources.
Fiqh is the practical implementation of shari`ah through its human
understanding.
Differences between the Islamic Shari`ah and Man-Made Systems of 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.
Foundations of the Islamic Shari`ah
- Consideration of the welfare of the servants, both in
this world and the Hereafter.
- Connection of regulations to their rationales, and persistence of the
regulations in the presence and absence of the rationales.
- Gradual, progressive legislation.
- Preclusion of hardship.
- Establishment of justice.
Categories of Actions
Fard
Fard `Ayn
Fard Kifayah
(Wajib)
Sunnah
Sunnah
Mu'akkadah
Mustahabb
Mubah
Makruh (Tanzihi)
(Makruh Tahrimi)
Haram
Branches of Fiqh
Worship (`Ibadat)
Purification |
Salah |
Zakah |
Fasting |
Hajj |
Jihad |
Financial Transactions
Trade |
Interest |
Advance-Purchase |
Manufacturing |
Leasing & Hiring |
Collaterals |
Partnerships |
Commissioning |
Debts |
Gifts |
Endowments |
Lost & Found |
Deposits |
Agriculture |
Hoarding |
|
Personal Relations
Marriage |
Divorce |
Custody |
Support |
Inheritance |
Manumittance |
Penal Code
Murder |
Theft |
Adultery |
Slander |
Highway Robbery |
Drinking |
Oaths & Expiations |
Judgment |
Testimony |
Coercion |
|
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Primary Sources
Qur'an
Sunnah
Secondary Sources
Consensus (Ijma`)
Analogy (Qiyas)
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.
The four Imams and their schools.
Imam Abu Hanifah an-Nu`man 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-Shafi`i, (150-204 A.H.)
Imam Abu `Abdillah Ahmad ibn Muhammad ibn Hanbal al-Shaybani, (164-241 A.H.)
Agree on ~ 75% of material.
Necessity of following scholars
The
Methodology of Acquiring Knowledge.
Taqlid.
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