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

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

Foundations of the Islamic Shari`ah

  1. Consideration of the welfare of the servants, both in this world and the Hereafter.
  2. Connection of regulations to their rationales, and persistence of the regulations in the presence and absence of the rationales.
  3. Gradual, progressive legislation.
  4. Preclusion of hardship.
  5. 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

Sources of Fiqh

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.