Exploring Current Fatwas
Bridging Faiths, Building Understanding
What is Fiqh?
Fiqh is a branch of Islamic knowledge that forms the foundation of Islamic law. Linguistically, it means "understanding" or "comprehension." Technically, it refers to the discipline that outlines the practical rulings of Islam, guiding Muslims on how to perform acts of worship, maintain morality, conduct social transactions, and handle criminal matters. Fiqh derives its rulings primarily from the Qur'an and the teachings of the Prophet Muhammad (peace be upon him), interpreting and applying these sources to everyday life.
What is the Purpose of Fiqh?
Fiqh serves as a guide for Muslims to live in accordance with the commands and prohibitions of Allah. Here are its main functions:
- Regulating Acts of Worship:
- Fiqh provides detailed instructions on how to perform prayers, fasting, zakat (charity), and hajj (pilgrimage).
- For example, it explains how to perform ablution, prayer times, and the rules of fasting.
- Organizing Daily Life:
- It governs human interactions, including trade, marriage, inheritance, and debt.
- For instance, it outlines the prohibition of interest, principles of lawful earnings, and marriage contracts.
- Providing Ethical Guidance:
- Fiqh helps individuals distinguish between right and wrong behaviors, making Islamic moral principles applicable in daily life.
- Ensuring Social Justice:
- It establishes justice within society by defining rights and responsibilities, contributing to societal order.
- Addressing New Issues:
- Fiqh evolves to provide solutions to contemporary problems arising from social and technological developments. This is achieved through ijtihad (the scholarly process of deriving rulings based on the Qur'an and Sunnah).
Sources of Fiqh
- The Qur'an:
- The primary source of Islamic law, containing many fundamental rulings on worship and legal matters.
- The Sunnah:
- The sayings, actions, and approvals of the Prophet Muhammad (peace be upon him), which clarify and complement the Qur'an.
- Consensus (Ijma):
- The agreement of Islamic scholars on a particular issue.
- Analogical Reasoning (Qiyas):
- Deriving rulings for new situations by comparing them to similar cases mentioned in the Qur'an and Sunnah.
Difference Between Fiqh and Sharia
Fiqh is sometimes confused with Sharia, but they are distinct concepts:
- Sharia: Refers to the divine legal system as a whole, encompassing all rules laid down by Allah in sacred texts. It is immutable and universal.
- Fiqh: A subset of Sharia, developed through human interpretation and reasoning. It is flexible and can adapt to new circumstances.
Schools of Fiqh (Madhabs)
Fiqh developed into various schools of thought based on regional practices and scholarly methodologies. The major Sunni schools are:
- Hanafi: Focuses on reason and analogical reasoning.
- Shafi'i: Places significant emphasis on the Sunnah.
- Maliki: Derives rulings based on the practices of the people of Medina.
- Hanbali: Sticks strictly to the Qur'an and Sunnah, with limited use of analogy.
The Role of Fiqh in Modern Times
In the modern era, fiqh continues to address new challenges in areas such as technology, finance, and medicine. Examples include:
- Medical Fiqh: Issues like organ transplantation and in-vitro fertilization.
- Financial Fiqh: Islamic banking and halal investment practices.
Fiqh remains an essential science for understanding and implementing the dynamic aspects of Islam in both individual and societal life. It provides a framework for seeking Allah's pleasure while navigating the complexities of the modern world.