what is fiqh in islam? Fiqh in islam is absolute understanding, and it is also known as understanding the purpose of the speaker’s words, and it also comes in the sense of understanding the exact thing. 

As for fiqhs, idiomatically, it is defined as the work of practical legal rulings that are derived from detailed evidence. As for its source and document, it is Islamic legislation.

As it is derived from the basis of legislation, that is, the book and the Sunnah, while the science of the principles of fiqhs is the knowledge of the rules through which the legal rulings are derived from their detailed evidence, and from here the principles of fiqhs are rules that the Mufti follows to extract rulings from their evidence.

The sources of Islamic fiqh in islam are known as the evidence on which this fiqh is based, and they are also called the sources of Islamic legislation or the sources of Sharia. 

No matter how different the names are, the origin of fiqh in islam is one, which is the revelation, which is defined as the Qur’an and the Sunnah. Where the sources of fiqh islam are divided into original and dependent sources, so the original is the book and the Sunnah.

how many fiqh in islam?

Fiqh in islam is divided into two parts, namely the fiqhs of worship, and the fiqhs of transactions, and we will discuss each section in detail:

1- The fiqhs of worship in Islam deal with the rulings of religious worship as revealed to the master of creation and the seal of the prophets and messengers, our master Muhammad – may Allah bless him and grant him peace – with its detailed evidence from the Book and the Sunnah.

In what follows, an explanation of the fiqhs of worship in Islam will focus on the most important acts of worship and obligations that are required of a Muslim:

A- The fiqhs of Sallah: sallah is one of the most prominent and important acts of worship that a Muslim obeys to his innocence – the Almighty – and it is the first thing that the servant will be held accountable for on the Day of Resurrection. 

The matter is to recognize not only the provisions of the five obligatory prayers, but it also requires recognition of the provisions of the eclipse and eclipse prayers, the two Eid prayers, the Friday prayer, the prayer for rain, the supererogatory prayers, and others.

B- The fiqhs of fasting: Perhaps the most important aspect dealt with by this fiqhs is the aspect that pertains to the great month in which the Holy Qur’an was revealed, which is the month of Ramadan. 

It also deals with the spoilers of fasting, its invalidations, its abominations, and the rulings of making it up, in addition to the days on which fasting is desirable outside of Ramadan, with the legal evidence that was mentioned in the Book and the Sunnah.

C- The zakat fiqhs: It includes what the legal rulings on zakat deal with in terms of its conditions, its time, the recipient of zakat, the items to which zakat is distributed, and so on.

D- Purity fiqhs: This aspect of fiqhs deals with the rulings and evidence that came in the chapter on purity and the removal of impurities. This includes washing and ablution and their nullifiers and their Sunnahs enacted by the Messenger of Allah – may Allah prayers and peace be upon him – and tayammum and others. 

E- The fiqhs of Hajj: Hajj is legally the worship of Allah Almighty with specific actions at specific times, in a specific place by a specific person according to what came in the Sunnah of the Messenger, may Allah prayers and peace be upon him.

And that is by visiting the ancient house of Allah, the Kaaba, and dealing with this aspect of the fiqhs of worship. 

With regard to the rituals of Hajj and Umrah, their Sunnahs, conditions, pillars, times of their performance, and so on, with detailed legal evidence.

2-The fiqhs of transactions is a general section of the science of fiqh in islam, Moreover, transactional fiqhs are the practical legal rulings that regulate the actions of the taxpayer and the relationship of the person with others. 

It includes the relationship of a Muslim with those who agree with him or disagree with him in religion, civil and personal provisions, financial transactions, contracts, and so on. Its meaning is to be able to know the provisions of financial transactions and to understand their purposes.

Transactions in fiqhs include basic topics in which sub-topics are included, the most important of which are:

A- Section of statutes and wills, including inheritance, its conditions, causes, and impediments, imposition and agnate, reckoning, copying and dividing estates, and others.

 B- Department of sales and other transactions, and includes the provisions of sale, types of sales that are valid and invalid, and usury.

And other exchanges, such as partnership, Musaqah, sharecropping, Murabaha, speculation, loan, mortgage, etc., and donations such as gifts, and personal statuses Such as bail, transfer, and trusts such as deposits.

C- The section on marriage and related provisions, and includes provisions related to the family and personal status, such as provisions on marriage, dowry, divorce, divorce, expenses, breastfeeding, custody, and so on.

D- The section on felonies, which includes criminal provisions such as murder, qisas, blood money, death penalty, division, and so on.

E- the section of Judgments and Testimonies, which includes: judgments of the judiciary, conditions of the judge, method of judgment, etc., and provisions related to testimony and witness.

F- the section of Claims and evidence section related to the provisions of the pleadings.

G- The section of hudud, which includes the rulings of hudud, such as the hadd punishment for adultery, slander, theft, alcohol, miraculousness, apostasy, transgression, and punishment.

H- the section on oaths and vows includes the provisions of oaths, vows, and expiations.

What are the basic principles of fiqh?

The definition of the fundamentals of fiqh in islam is based on the Holy Qur’an and the Sunnah of the Prophet, and it is the path that leads to the release of the appropriate judgment after deriving it from detailed practical evidence. Scholars differed in defining the foundations of fiqhs.

Other scholars believe that the principles of fiqh in Islam mean: Evidence is established by rulings, and rulings are established by evidence.

And others among scholars believe that the science of the principles of fiqh in Islam is limited to ijtihad and weighting.

Or it is the total evidence through which the mujtahid derives the legal rulings and studies them well in order to launch them on emerging issues by analogy, companionship, custom, etc.

And the benefit of this high knowledge is the ability of the mujtahid to devise, in addition to recognizing the methodology used by the jurists in the past, such as Shafi’i, Hanafi, Hanbali, Maliki, and others.

The importance and usefulness of the science of the principles of fiqh Islam 

There are many important benefits to the science of the principles of fiqh in Islam, including the following:

  • Control of the origins of inference, and the statement of the correct ones, with the statement of the correct way to infer from the evidence.
  • Simplifying the process of ijtihad, and giving emerging events the appropriate legal ruling.
  • A statement of the fatwa controls, and the conditions of the mufti.
  • Knowing the causes of disagreement among scholars, and seeking excuses for them.
  • Standing on the ease and tolerance of Sharia, and adjusting the rules of dialogue by referring to the correct evidence.
  • Preserving fiqhs from the openness that may result in introducing new sources to it, or from stagnation in closing the door of ijtihad.
  • A beacon of legal rulings, and subsidiary fatwas that guide the righteousness of people in this world and the Hereafter.
  • The way in which he reaches a balance between the opinions of scholars when a dispute occurs, and the researcher uses it to identify the evidence, the method of deduction, and the path of ijtihad.
  • Statement of what is meant by the texts of the rulings contained in the Book and the Sunnah.
  • Fundamentals of jurisprudence is one of the sciences needed by the mujtahid in reaching legal rulings.

What are the four branches of fiqh?

The 4 fiqh in islam schools is based on deriving legal rulings from the evidence contained in the Qur’an and Sunnah according to specific fiqhs rules and principles. 

They can be called 4 fiqh in islam schools due to their agreement in belief, principles, and Sharia, but they may differ slightly in the elicited rulings if they are within one school of thought. 

And the fiqhs doctrines that spread widely among Muslims, and which became official in most of their books, and the most famous of 4 fiqh in islam are the doctrines of the four imams of the Sunnis and the community, and they are according to their historical arrangement as follows:

  • Imam Abu Hanifa al-Numan and his Hanafi school of thought. 
  • Imam Malik bin Anas and his Maliki school of thought. 
  • Imam Muhammad ibn Idris al-Shafi’i and his Shafi’i school of thought. 
  • Imam Ahmad bin Hanbal and his Hanbali school of thought. 

What is the difference between sharia and fiqh?

There is an important difference between Sharia and fiqh islam. And is that Sharia is the religion revealed from Allah Almighty, and fiqh islam is the understanding of those who strive for that Sharia.

The difference between fiqh in islam in its idiomatic sense of later generations, and Sharia in its general idiomatic sense can be summarized in the following points:

1- Between Sharia and fiqhs, in general, and in particular, from one facet; Where Sharia includes practical and doctrinal rulings and morals, while fiqhs is concerned with practical rulings only.

fiqhs include the fiqh of scholars; Whether they were right or wrong, and only what the mujtahids were correct in is considered from the Sharia.

Sharia is generally applied to all that Allah – Glory be to Him – has ordained in terms of beliefs, morals and deeds, and it is applied in particular to all that Allah has legislated from practical rulings only without the moral and belief ones, which are contained in the Book and the Sunnah.

Fiqh is limited to practical rulings only, issued by the servant with the aim of drawing closer to his Lord, and whose rulings are issued as a deduction from the evidence of the Book and the Sunnah.

And based on the foregoing, the Sharia is represented by the rulings revealed by Allah, while fiqh is represented by the rulings that jurists have extracted from the texts of the Sharia or by diligent evidence.

Such as Measurement, sent interests, and the sayings of the Companions, just as the Sharia is general, the fiqh is specific, and the Sharia is all correct.

2- Sharia is more complete than fiqh, and it is what is meant by the Almighty’s saying: 

اليَوْمَ أَكْمَلْتُ لَكُمْ دِينَكُمْ وَأَتْمَمْتُ عَلَيْكُمْ نِعْمَتِي وَرَضِيتُ لَكُمُ الإِسْلامَ دِينَاً

Therefore, Sharia deals with the general rules and principles, while fiqh is the deduction of the mujtahids from the Book and the Sunnah is based on these rules and those principles.

3- The provisions of the Sharia are right and there is no error in them, and the rulings of fiqh that the jurists deduced may be included in the error resulting from their understanding, but one should beware of the dangerous lawsuit.

Which some contemporary writers have enlarged – which aims to delegitimize jurisprudential jurisprudence as a prelude to de-sanctifying the Sharia itself , Where the proponents of this claim consider Sharia to be the opinions of men rather than divine rulings.

This is a clear mistake. The Sharia is divine rulings, and fiqh is taken from that divine Sharia, and the scholars’ deduction is correct in most cases and expressive of these legislative rulings, but the error issued – sometimes – is only from their personal understanding of some texts and evidence.

4- Sharia is general in contrast to fiqh. The Almighty said: 

وَمَا أَرْسَلْنَاكَ إِلا رَحْمَةً لِلْعَالَمِينَ 

And this generality is tangible from the reality of the Sharia and its purposes and texts that address all human beings.

5- The Islamic Sharia is binding on all humanity. Every person, if he fulfills the conditions of the assignment, is obligated to everything that came with his belief, worship, morals and behavior.

In contrast to the fiqh that is derived from the legal evidence through the diligence of the mujtahids; The opinion of any mujtahid does not obligate another mujtahid.

And fiqh in islam may treat the problems of society in one time or place with a treatment that may not be suitable for the problems of another time or place, in contrast to the complete Sharia for every time and place.

To summarize

the science of fiqh is related to the actions of the taxpayers, and the relationship of the taxpayer with his Lord, with himself.

And with other members of society, and includes words, deeds, contracts, and actions; That is, practical rulings, which branch out into acts of worship and transactions. 

Acts of worship are like: prayer, fasting, pilgrimage, and so on, and transactions like: contracts, disposals, penalties, guarantees, and other things that are intended to regulate relationships between individuals.

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