Islamic Fiqh is one of the most important legal sciences related to the analysis and interpretation of Islamic law, and its application in the lives of Muslims. Fiqh aims to identify Sharia rulings in various fields, such as financial transactions, personal status, worship, criminal matters, etc., and to clarify how to apply them in practical life,
and Islamic jurisprudence is one of the living legal sciences that evolve and change with the change of time, place, and social conditions, and therefore it faces various challenges in the modern era and needs to be updated and developed to keep pace with modern transformations in Islamic societies.
What is Fiqh’s definition of language and idiomatically?
Fiqh in language is the deep and accurate understanding of Allah’s will, but in terminology, it is a deductive science, in which legal rulings or science are deduced by which we know the legal ruling on a matter or in an incident to remove ambiguity about it, so that the taxpayer knows what he has to do about this incident, and then follows Sharia sincerely. So Islamic Fiqh is the science of what goes on between people to make judgments without addressing the relationship between the individual and his Lord.
What is the importance of Fiqh in Islam?
Islamic Fiqh is of great importance in the understanding and application of Islamic law. Its importance is due to the following:
1- Understanding Sharia rulings
Islamic jurisprudence focuses on understanding Sharia rulings and applying them in daily life, helping Muslims to follow Sharia and preserve their rights and duties.
2- Achieving justice
Fiqh promotes the concept of justice and equality in society, and defines the boundaries of rights and duties of individuals and institutions, thus maintaining order and stability in society.
3- Maintaining social security
It defines the necessary limits and controls to ensure the avoidance of damage and negative transformations in society, which preserves order and stability.
4- Maintaining morals and values
Islamic Fiqh is based on Islamic principles and values, which contribute to the promotion of morals and good values in society, such as justice, compassion, and honesty.
5- Directing human behavior
Fiqh is considered a guide for the man in directing his behavior and dealings with others and enhances his awareness of personal and social responsibility.
6- Access to Sharia knowledge
Understanding and interpreting Islamic law and deriving rulings from it helps in achieving integrity, dedication to charitable work, and positive communication with others.
The Origin and History of Jurisprudence
Fiqh is one of the basic Islamic sciences, and its history dates back to the period of the Prophet and the Holy Prophet (may Allah’s peace and blessings be upon him) who ruled by Islamic law and taught it to his companions. After his death, his companions began to codify the legal rulings, interpret them, and derive rulings from them, and thus the science of jurisprudence began to emerge.
One of the historians who wrote about the history of Islamic Fiqh was Imam Shafi’i, who was one of the first muftis and jurists in Islam and wrote his treatise “The Message”, which is one of the most prominent jurisprudential works in Islamic history. Imam Malik also played a major role in the development of Islamic jurisprudence, writing al-Muwatta, which is considered one of the most important jurisprudential sources in Islam.
In later eras, various schools of jurisprudence emerged in various regions of the Islamic world, such as the Hanafi school in Iraq and the Levant, the Maliki school in Morocco and Andalusia, the Shafi’i school in Egypt and the Hijaz, and the Hanbali school in the Arabian Peninsula and other countries of the Levant and Iraq.
Islamic Fiqh developed in later times, as jurists began to write jurisprudential books and commentary on methodological and organized foundations, and among these books were Imam al-Nawawi’s al-Majmoo, Imam al-Ghazali’s al-Minhaj, Imam Burhan’s al-Muheet al-Burhani, and Ibn Abdeen’s al-Durr al-Mukhtar.
In the modern era, Islamic Jurisprudence has witnessed tremendous development, as jurists began to use the scientific method and critical studies in interpreting and deriving legal rulings, and several new schools of jurisprudence emerged such as the Wahhabi school, the hadith school, and the liberal Islamic school.
To date, Islamic Jurisprudence is one of the most important basic and vital Islamic sciences, where jurists work to derive legal rulings and apply them in practical life, which contributes to maintaining order and stability in society, directing human behavior, and promoting Islamic morals and values.
Among the most important muftis and jurists who contributed to the development of jurisprudence in Islam are Imam Shafi’i, Imam Malik bin Anas, Imam Ahmad bin Hanbal, Imam Abu Hanifa al-Nu’man, and other great scholars who enriched this science with their scientific contributions.
The main sources of Islamic Jurisprudence
There are several main sources of jurisprudence in Islam, and it must be noted that these sources require study, analysis, and deep interpretation of texts and sources, and it takes extensive experience and knowledge in jurisprudence rules and methods of deduction, and Islamic law can only be properly understood and applied based on these main sources and the application of the appropriate scientific method. They are as follows:
1- The Holy Quran
The Holy Qur’an is the main source of jurisprudence, as it contains many legal rulings, jurisprudential rules, and practices of the sharia that concern Muslims in their daily lives, and its verses contain evidence, some of which are definitive and some of which are hypothetical in significance.
2- Sunnah of the Prophet
The Sunnah of the Prophet is the secondary source of jurisprudence or the second legislative source, as it contains interpretations, explanations, and clarifications of the legal provisions that came in the Holy Qur’an, and the Sunnah of the Prophet is the primary means of understanding and applying Islamic law, and the Sunnah contributes to issuing a ruling that may appear in the Qur’an without detail or statement, such as prayer.
3. Consensus
The term consensus in the science of jurisprudence refers to the agreement of jurists on certain legal rulings, and this consensus is a major source of jurisprudence, as it is considered a third source of legal rulings after the Qur’an and the Sunnah of the Prophet, especially in matters where there is no direct ruling or text in the Qur’an or Sunnah.
4- Measurement
The term analogy in the provisions of jurisprudence refers to the derivation of new legal rulings through the application of an existing Sharia to a similar situation, and this source is important in the science of jurisprudence as it helps to apply Islamic law in practical life and deal with new events and issues that may appear in society.
The sources of legislation are not limited to this point, but there are other evidence and sources in which there may be differences in terms of their adoption, such as:
- Custom.
- Ijtihad.
- The words of the Companions.
- Approbation and companionship.
- The work of the people of the city.
The most important branches of Islamic Fiqh
Islamic Fiqh is a comprehensive science that contains many branches and fields related to Sharia rulings, and all of these branches are important in Islamic jurisprudence, as they contribute to the identification and application of Sharia rulings, and they complement each other and constitute a comprehensive system of legal rulings in Islam.
The jurist needs to study and analyze these branches to extract the ruling in accordance with the Sharia, and Islamic law can only be properly understood and applied based on these branches. Among the most important branches of Islamic jurisprudence are:
- The jurisprudence of worship: It relates to rulings related to worship and religious rituals such as prayer, fasting, pilgrimage, and zakat.
- The jurisprudence of transactions: It relates to provisions related to financial and social transactions, such as sale, purchase, leasing, and agency.
- The jurisprudence of crimes: It relates to provisions related to felonies and penal penalties such as hudud, ta’zir, visas, and others.
- Family jurisprudence: It relates to provisions relating to family, marriage, divorce, alimony, custody of children, and others.
- Jurisprudence of wills and endowment: It relates to the provisions related to wills, endowments, gifts, gifts, and others.
- The jurisprudence of judgment and judiciary: It relates to provisions related to judgment, judiciary, and arbitration in civil and criminal cases.
- Other branches of Sharia sciences: It is related to other legal sciences such as theology, interpretation, hadith, and fundamentals.
The most important schools of jurisprudence
There are several schools of jurisprudence in Islam, the most important of which are:
1- Hanafi school
The Hanafi school is one of the most important schools of jurisprudence in Islam and is followed by many Muslims in the Islamic world. The Hanafi school is characterized by an emphasis on the use of reason in understanding legal rulings and Roman influence due to its origin in areas that were under Roman rule.
2- The Maliki school
The Maliki school is one of the four main schools of jurisprudence in Islam, characterized by a focus on transmission evidence based on the Prophet’s Sunnah, and is followed by many Muslims in North Africa and some countries of the Levant. It is characterized by attention to the fine details of Sharia rulings and an emphasis on thorough forensic evidence.
3- Shafi’i school
The Shafi’i school is one of the main schools of jurisprudence in Islam, characterized by a focus on anecdotal evidence and ijtihad in extracting legal rulings. It is followed by many Muslims in some countries of the Levant and Southeast Asia.
4- Hanbali school
The Hanbali school is one of the main schools of jurisprudence in Islam, characterized by a focus on anecdotal evidence and careful investigation in the derivation of legal rulings. It is followed by many Muslims in the Arabian Gulf region and some countries of the Arab Mashreq.
5- Zaidi School
It is followed by many Muslims in Yemen and Oman, and is characterized by a focus on anecdotal evidence and diligence in deriving legal rulings, and focuses on justice and equality between people.
It should be noted that these schools of jurisprudence have their own peculiarities and rules, and differ in some legal rulings, but are mainly aimed at applying Islamic law in practical life. These schools of thought are a source of diversity and plurality in the understanding and application of Sharia,
and help in the interpretation and application of Sharia rulings in light of the different circumstances and challenges faced by Muslims around the world. The jurist needs to carefully study, analyze, and apply these doctrines, and Sharia can only be properly understood and applied on the basis of these doctrines.
The Application of Islamic Fiqh in practical life
The application of Islamic jurisprudence in practical life is one of the important things that Muslims need at all times and places, as the science of jurisprudence works to clarify and interpret the legal rulings of the individual and society, and helps in identifying appropriate solutions to the legal problems that Muslims can face in their lives. Among the most prominent areas of application of jurisprudence in practical life:
Financial transactions: such as buying, selling, leasing, loans, money transfers, and others. This helps in identifying financial instruments.
Personal status: This area includes Sharia rulings related to marriage, divorce, alimony, custody of children, and other personal status.
commercial deals: Merchants and businessmen rely on the science of jurisprudence to determine the provisions related to contracts and deals, and to ensure their validity and legitimacy.
Worship and religious acts: such as prayer, fasting, pilgrimage, zakat, sacrifice, and others.
Criminal and judicial accountability: such as hudud, ta’zir, qisas, and others. This helps in the administration of justice.
What challenges does Islamic Fiqh face in modern times?
In the modern era, Islamic Fiqh faces many challenges and difficulties, most notably:
1- Technological challenges
The modern world lives in the age of technology and the Internet, which has led to radical changes in social, economic, and cultural life. The science of the principles of jurisprudence faces challenges in dealing with these variables and determining the legal rulings related to them.
2- Social challenges
Islamic jurisprudence faces challenges in dealing with the social transformations that occur in Muslim societies, including changes in values, principles, traditions, and customs.
3. Legal challenges
Fiqh faces challenges in dealing with modern legal systems in some countries, determining their compatibility with Islamic Sharia, and then determining the appropriate Sharia rulings.
4- Intellectual challenges
Islamic jurisprudence faces challenges in dealing with modern ideas and doctrines of thought and determining their compatibility with Islamic law to issue the correct legal ruling.
5- Administrative challenges
Fiqh faces challenges in the application of Islamic law in government and private institutions, ensuring its correct and orderly application, and defining Sharia rulings related to contracts, commercial transactions, and other matters related to management.
6- Language challenges
Islamic jurisprudence faces challenges in dealing with different languages, translation, and interpretation, and how to communicate legal concepts correctly and accurately to Muslims and non-Muslims alike.
7. Methodological challenges
The science of jurisprudence faces challenges in determining the correct approach to the interpretation and application of legal texts, and it needs to be updated and developed in this field to meet the requirements of the modern era and deal with the multiple challenges it faces.
8- Educational challenges
Islamic jurisprudence faces challenges in the field of education and training in the skills necessary to understand and apply Islamic law correctly and effectively, and to identify the most effective methods and methods for disseminating Sharia knowledge and communicating it to the masses.
In general, the science of jurisprudence in the modern era needs to be developed and updated to keep pace with the transformations and changes in social, cultural, and technological life, and to identify the legal rulings related to them correctly and effectively. It also needs to strengthen cooperation and interaction with scientific, academic, legal, and other communities, build partnerships and cooperation to achieve common goals and develop the necessary tools to properly apply Islamic law in contemporary life.
At Wahion Youha Academy, we find a clear and explicit interest in the importance of preserving Islamic Fiqh and showing its value to the individual and the society around it, and in this academy, which includes a group of sheiks and specialists, many training and educational courses preserve Islamic sciences by teaching them according to sound foundations for the individual to become prepared to teach them,
in addition, the courses vary between teaching the Arabic language, the provisions of intonation, memorizing the Holy Qur’an, interpreting the verses of the Holy Qur’an, and others.