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![[HD] Difference of opinion in Fiqh- 1/6](http://web.archive.org./web/20110429083439im_/http://i.ytimg.com/vi/oN8ALC-XnqE/0.jpg "[HD] Difference of opinion in Fiqh- 1/6")
![Methodology of the Hanafi fiqh [school of thought]](http://web.archive.org./web/20110429083439im_/http://i.ytimg.com/vi/6b3_192gaQ4/0.jpg "Methodology of the Hanafi fiqh [school of thought]")
Fiqh ( ) is Islamic jurisprudence. Fiqh is an expansion of the Sharia Islamic law—based directly on the Quran and Sunnah—that complements Shariah with evolving rulings/interpretations of Islamic jurists.
Fiqh deals with the observance of rituals, morals and social legislation in Islam. There are four prominent schools of fiqh, the Madh'hab, within Sunni practice and two schools within Shi'a practice. A person trained in fiqh is known as a Faqih (plural Fuqaha).
The historian Ibn Khaldun describes fiqh as "knowledge of the rules of God which concern the actions of persons who own themselves bound to obey the law respecting what is required (wajib), forbidden (haraam), recommended (mandūb), disapproved (makrūh) or merely permitted (mubah)".
This definition is consistent amongst the jurists.
With regard to some topics, the Qur'an and Sunnah are simply silent. In those cases, the Muslim jurists try to arrive at conclusions using other tools. Sunni jurists use analogy and historical consensus of the community . The conclusions arrived at with the aid of these additional tools constitute a wider array of laws than the 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 .
This wider concept of Islamic jurisprudence is the source of a range of laws in different topics that govern the lives of the Muslims in all facets of everyday life.
Islamic law (fiqh) covers two main areas, rules in relation to actions and rules in relation to circumstances surrounding actions.
Rules in relation to actions ('amaliyya — عملية) comprise:
Rules in relation to circumstances (wadia') comprise:
Fiqh is grouped into two parts:
# Ibadaat (worship) # Mua'malaat (dealings & transactions)
There are different approaches to the methodology used in fiqh to derive sharia from the Islamic sources. The main methodologies are:
Other schools are the Zaidi, Zahiri, Sufian Al'thawree, Sufian bin O'yayna, Layth bin Sa'ad, Tabari and Qurtubi schools.
These four schools share most 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.
The Hanafi school was the earliest established under the jurist Imam Abu Hanifa, who was born and taught in Iraq. Imam Abu Hanifa (80A.H.–150A.H.), whose real name was Nu'man ibn Thabit, was born in the city of Kufa (modern day Iraq) in the year 80 A.H (689 A.D). Born into a family of tradesmen, the Imam's family were of Persian origin. Under Imam Abu Hanifa, the witr prayer was considered to be compulsory and the Hanafis also differed with other sects in relation to methods of taking ablution, prayers and payment of tithe or zakat. Imam Abu Hanifa also differed with the other three schools in many areas including the type of punishments meted out for various crimes in Islam. On the whole, the Hanafi school of jurisprudence could be said to have the most differences with other three schools.
Students of Imam Malik established the Maliki school of which a majority now can be found in North Africa and some Persian gulf states . Imam Malik, whose real name was Abu Abdullah, Malik bin Anas, was born in Medina in the year 715 AD. His ancestral home was in Yemen, but his grandfather settled in Medina after embracing Islam. He received his education in Medina, which was the most important seat of Islamic learning, and where the immediate descendants of Muhammad's followers lived. Imam Malik was attracted to the study of law, and devoted himself to the study of fiqh. His principal book, the Kitab al-Muwatta, is one of the earliest surviving books on hadith and fiqh. Differences under the Maliki school included the fact that those following the Maliki school could state their purpose (or niat) once only for compulsory fasting which is valid for the whole month of Ramadhan whilst for the Shafi'ie school (see below), one would have to state his purpose every day of the month of Ramadhan for his fast to be valid the next day.
The Jafari school uses 'aql "intellect" instead of qiyas in the Sunni schools, when establishing Islamic laws.
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 and is in the scope of current laws.
The formative period of Islamic jurisprudence stretches back to the time of the early Muslim communities. In this period, jurists were more concerned with pragmatic issues of authority and teaching than with theory. Progress in theory happened with the coming of the early Muslim jurist 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 and the hadith) be understood according to objective rules of interpretation derived from scientific study of the Arabic language.
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 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. The "European commenda" (Islamic Qirad) used in European civil law may have also originated from Islamic law. For example, every Waqf was required to have a waqif (founder), mutawillis (trustee), qadi (judge) and beneficiaries. The trust law developed in 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 institutions they came across in the Middle East.
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 by the Normans, who conquered both England and the Emirate of Sicily, and then evolved into the modern English jury.
Several other fundamental common law institutions may have been adapted from similar legal institutions in Islamic law and jurisprudence, and introduced to England by the Normans after the Norman conquest of 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 in England and Madrasas in Islam" and the "European commenda" (Islamic Qirad) may have also originated from Islamic law. These influences have led some scholars to suggest that Islamic law may have laid the foundations for "the common law as an integrated whole".
This text is licensed under the Creative Commons CC-BY-SA License. This text was originally published on Wikipedia and was developed by the Wikipedia community.
| Name | Abu Ameenah Bilal Philips |
|---|---|
| Birth date | January 07, 1947 |
| Birth place | Kingston, Jamaica |
| Occupation | Islamic preacher |
| Religion | Sunni Islam |
| Website | www.bilalphilips.com |
Abu Ameenah Bilal Philips (born 7 January 1947) is a contemporary Islamic scholar, teacher, speaker, and author, resident in Qatar. He appears on Peace TV, which is a 24-hour Islamic satellite TV channel broadcasted to many countries around the world.
The IOU was initially launched in 2001 from UAE with an offering of a few short courses. After a five year interlude, it was restarted in 2007 from Qatar with a greater offering of completely free short courses.
Category:Converts to Islam Category:Canadian Muslims Category:Canadian people of Jamaican descent Category:Alumni of the University of Wales Category:Living people Category:1947 births Category:Muslim scholars Category:Islamic studies scholars Category:21st-century imams Category:Salafis
This text is licensed under the Creative Commons CC-BY-SA License. This text was originally published on Wikipedia and was developed by the Wikipedia community.
