Define
Fiqh, and what the related allied terms are, into the study of Usul-al-Fiqh and
how far study of Usul-al-Fiqh helps in process of legislation in Islam.
1. Meaning & definition of term fiqh;
Fiqh means “discernment[1]” “knowledge”
and “understanding” of something. Therefore fiqh
and fahm sometimes used
interchangeably. The etymology of fiqh is
that Arabs used this word for a camel expert i.e. fahl-ul-faqih, and this was considered to be a reason for the use
of word faqih.[2]
Holly Quran
also used this word in general meanings of “understanding”. Quranic words “Liyatafaqahu fee-din” “that they may
gain understanding in religion” depicts that at Prophet’s (PBUH) time the word fiqh covers a wider sense i.e.
theological, political, economic and legal.[3]
With the entrance
of new communities, emergence of new school of thoughts, in Islam the current
terms e.g. fiqh received changing
effects in its meanings and scope.[4]
Imam Abu
Hanifah defined fiqh as:
“A person’s knowledge of his rights and
duties”.
This
definition is wide enough to includes subjects of kalam, e.g. tenets of faith (aqaid)
Imam Shafi
defined as:
“It is the knowledge of the shari ahkam
(legal rules), pertaining to conduct, that have been derived from their
specific evidences”.[5]
This definition
shows the fiqh means knowledge of
rules of conduct derived by jurists from specific evidences e.g. Quran, Sunnah,
Ijma and Qiyas. So fiqh is the knowledge or understanding of Islamic law[6].
a. Related terms;
To
understand the term fiqh, it is
essential to understand related terms.
i. Ilam and fiqh;
It is notable that in early days of
Islam, these two terms used synonymously i.e. understanding of Islam. As
evident from blessings of Beloved Prophet (PBUH) to Ibn-e-Abbas;
“O God, give him understanding in
religion”[7].
It is obvious that Prophet (PBUH)
prays for deeper knowledge and understanding of Islam not only of law.
Later on these terms separated in
their scope. The term ilam used for knowledge
of ahadiths, while the term fiqh used for knowledge of law. This
separateness is justifiable as in Quranic verses the term fiqh used for understanding of any matter, while the term ilam used for learning.
It is rationale to state that ilam from beginning carries sense of
knowledge while fiqh depicts one’s
intelligence and thoughts. Therefore Companions who gave legal judgements on
the basis of their intelligence were known as fuqahas.
ii. Sharia and fiqh;
These two terms were also used
synonymously in early days of Islam, but there is a difference between these
two terms i.e. sharia is the law
itself while fiqh is a knowledge of
that law[8], sharia covers all human actions fiqh legal actions.[9] Literally sharia
means “course to the watering place” and a “resort of drinkers”. Arabs used
this term for a course to watering place. Therefore sharia means clear path or a way to be followed.[10]
Here it is pertinent to mention the
distinction between the term din and sharia. Imam Abu Hanifa distinguished
these two, by declaring that din
never changed while sharia changes. Din means fundamental faith and tenets
e.g. unity of God while sharia means performatory
duties. Imam Shafi used term sharia
in sense of institution and also in sense of performatory duties. Today this
term covers all aspects of Islam.[11]
b. Wider definition of fiqh;
Two shafi jurist i.e. Imam Ghazali and Imam Razi defines in wider sense
this term.
Imam Ghazali defines as;
“An expression for the knowledge of legal
rules established specifically for human conduct”.
Imam Razi defines as;
“The knowledge of the legal rules,
pertaining to conduct with reference to their sources, when this knowledge is
not obtained by way of necessity (in religion)”.
2. Meaning & definition of term Usul-al-Fiqh;
Literal
meanings Usul-al-Fiqh is “roots of
law”.[12]
of The two main sources of Islamic Law is Quran and Sunnah and in one sense those principles which are used
to deduct law from these two main sources are Usul-al-Fiqh, and in other sense the methods by which the rules of fiqh are deduced from these sources. So
the principles and methods in conformity with the rules of fiqh are derived from Quran and Sunnah, are Usul-al-Fiqh. Fiqh is the end result of Usul-al-Fiqh. Therefore fiqh is
the knowledge of the detailed rules of Islamic Law while Usul-al-Fiqh is the methodology of law. For example
“misappropriating the property of others is forbidden in Quran” is a rule
deducted from Quranic Ayah (2:188) which provides, “Devour not each other’s
property in defiance of the law”, so a faqih must not only know a rule but also
its source, and unless the text of Quran and Sunnah is correctly understood, no
rules can be deduced from it. The object of Usul-al-Fiqh
is to guide the jurist e.g. methods of deduction and rules of interpretation,
in his effort at deducing the law from its sources.[13]
With the
expansion of territorial domain of Islam, the difficulties were raised in
understanding of textual sources, among this collection of Ahadith were also
started, which accentuated the need for clear guidelines and regulations of ijtihad.[14]
Shafi was considered to be founder of Usul-al-Fiqh. But the science was
derived long before the term Usul-al-Fiqh
was used. This term consist on two words usul and fiqh, which
after the Risala of Shafi’s started to be studied together.
What shafi’s did was before them,
there were no universal principles of Usul-al-Fiqh
i.e. “science of revealed law”, and shafi’s
did it for them.[15]
3. Conclusion;
To conclude
it is evident now, that Islamic Law has a complete methodology of
interpretation, verification and deduction of rulings from its main sources
i.e. Quran and Sunnah, called Usul-al-Fiqh.[16]
It contains the basic principles
and methods proposed by Muslim jurists for the sharia development. Usul-al-Fiqh
deals with sources of law, order of priority, and methods of deductions from
sources.[17]
The science of Islamic methodology deals
with those procedural rules and principles by using of whom risk of fallibilities
in deduction and regulation of rules can be reduced.[18] At
conclusion this is evident that without understanding the term Fiqh alongwith its allied terms and
Usul-al-Fiqh the legislation process is quite unmanageable.
Bibliography
·
n.d. "Chapter 1, MEANING OF THE TERM FIQH AND
OTHER ALLIED TERMS." In EARLY DEVELOPMENT OF ISLAMIC JURISPRUDENCE.
·
n.d.
"Chapter I, MEANING OF THE TERM FIQH AND OTHER ALLIED TERMS." In EARLY
DEVELOPMENT OF ISLAMIC JURISPRURDENCE.
·
Kamali, Mohammad
Hashim. (1996). "Methodological Issues in Islamic Jurisprudence." Arab
Law Quarterly, Brill 3-33.
·
n.d. In Principles
of Islamic Jurisprudence, by M.H.Kamali, 12-17.
·
Makdisi,
George. (1984). "The Juridical Theology of Shâfi'î: Origins and
Significance of Uṣûl al-Fiqh." Maisonneuve & Larose 5-47.
·
n.d. In Outlines
of Islamic Jurisprudence, by Imran Ahsan Khan Nyazee, 47-48.
·
n.d. In Outlines
of Islamic Jurisprudence, by Imran Ahsan Khan Nyazee, 49-50.
·
Zahraa, Mahdi.
(2003). "Unique Islamic Law Methodology and the Validity of Modern Legal
and Social Science ScienceResearch Methods for Islamic Research." Arab
Law Quarterly, Brill 215-249.
[1] (Nyazee, Outlines of Islamic Jurisprudence n.d.)
[2] (Chapter I, MEANING OF THE TERM FIQH AND OTHER ALLIED
TERMS n.d.)
[3] (Chapter I, MEANING OF THE TERM FIQH AND OTHER ALLIED
TERMS n.d.)
[4] (Chapter I, MEANING OF THE TERM FIQH AND OTHER ALLIED
TERMS n.d.)
[5] (Nyazee, Outlines of Islamic Jurisprudence n.d.)
[6] (Nyazee, Outlines of Islamic Jurisprudence n.d.)
[7] (Chapter 1, MEANING OF THE TERM FIQH AND OTHER ALLIED
TERMS n.d.)
[8] (Nyazee, Outlines of Islamic Jurisprudence n.d.)
[9] (Chapter 1, MEANING OF THE TERM FIQH AND OTHER ALLIED
TERMS n.d.)
[10] (Chapter 1, MEANING OF THE TERM FIQH AND OTHER ALLIED
TERMS n.d.)
[11] (Chapter 1, MEANING OF THE TERM FIQH AND OTHER ALLIED
TERMS n.d.)
[12] (Makdisi (1984))
[13] (M.H.Kamali n.d.)
[14] (M.H.Kamali n.d.)
[15] (Makdisi (1984))
[16] (Zahraa (2003))
[17] (Kamali (1996))
[18] (Zahraa (2003))
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