Fiqh

Fiqh

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Fiqh is Islam
Islam
Islam . The most common are and .   : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...

ic jurisprudence
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...

. Fiqh is an expansion of the code of conduct (Sharia
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...

) expounded in the Quran, often supplemented by tradition (Sunnah
Sunnah
The word literally means a clear, well trodden, busy and plain surfaced road. In the discussion of the sources of religion, Sunnah denotes the practice of Prophet Muhammad that he taught and practically instituted as a teacher of the sharī‘ah and the best exemplar...

) and implemented by the rulings
Fatwa
A fatwā in the Islamic faith is a juristic ruling concerning Islamic law issued by an Islamic scholar. In Sunni Islam any fatwā is non-binding, whereas in Shia Islam it could be considered by an individual as binding, depending on his or her relation to the scholar. The person who issues a fatwā...

 and interpretations of Islamic jurists
Ulema
Ulama , also spelt ulema, refers to the educated class of Muslim legal scholars engaged in the several fields of Islamic studies. They are best known as the arbiters of shari‘a law...

.

Fiqh deals with the observance of rituals, morals and social legislation in Islam. There are four prominent schools (madh'hab) of fiqh within Sunni practice and two within Shi'a
Ja'fari jurisprudence
Jaʿfarī school of thought, Ja`farite School, Jaʿfarī jurisprudence or Jaʿfarī Fiqh is the school of jurisprudence of most Shi'a Muslims, derived from the name of Jaʿfar as-Ṣādiq, the 6th Shi'a Imam...

 practice. A person trained in fiqh is known as a Faqih
Faqih
A Faqīh is an expert in fiqh, or, Islamic jurisprudence.A faqih is an expert in Islamic Law, and, as such, the word Faqih can literally be generally translated as Jurist.- The definition of Fiqh and its relation to the Faqih:...

(plural Fuqaha).

Etymology


The word fiqh is an Arabic term meaning "deep understanding" or
"full comprehension". Technically it refers to the body of Islamic law extracted from detailed Islamic sources (which are studied in the principles of Islamic jurisprudence
Principles of Islamic Jurisprudence
Principles of Islamic jurisprudence is a subject that provides a critical analysis of the sources and principles that Islamic jurisprudence is built upon....

) and the process of gaining knowledge of Islam through jurisprudence. The historian Ibn Khaldun
Ibn Khaldun
Ibn Khaldūn or Ibn Khaldoun was an Arab Tunisian historiographer and historian who is often viewed as one of the forerunners of modern historiography, sociology and economics...

 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
Haraam
Haraam is an Arabic term meaning "forbidden", or "sacred". In Islam it is used to refer to anything that is prohibited by the word of Allah in the Qur'an or the Hadith Qudsi. Haraam is the highest status of prohibition given to anything that would result in sin when a Muslim commits it...

), recommended (mandūb), disapproved (makrūh
Makruh
In Islamic terminology, something which is makruh is a disliked or offensive act . Though it is not haram and therefore not a sin, a person who abstains from this action will be rewarded. Muslims are encouraged to avoid such actions when possible...

) or merely permitted (mubah
Mubah
'Mubah' is an Islamic Arabic term denoting an action as neither forbidden nor recommended, and so religiously neutral. This is one of the degrees of approval in Islamic law....

)". This definition is consistent amongst the jurists.

In Modern Standard Arabic, fiqh has come to mean jurisprudence in general, be it Islamic or secular. It is thus possible to speak of Chief Justice
Chief Justice of the United States
The Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States...

 John G. Roberts, Jr. as an expert in the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...

 fiqh of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

, or of Farouk Sultan
Farouk Sultan
Farouk Ahmed Sultan is the Chairman of the Supreme Constitutional Court of Egypt, the highest judicial court in Egypt. He was appointed in 2009 by President Hosni Mubarak....

 as an expert in the civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...

 fiqh of Egypt
Egypt
Egypt , officially the Arab Republic of Egypt, Arabic: , is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Southwest Asia. Egypt is thus a transcontinental country, and a major power in Africa, the Mediterranean Basin, the Middle East and the Muslim world...

.

Introduction


The Qur'an
Qur'an
The Quran , also transliterated Qur'an, Koran, Alcoran, Qur’ān, Coran, Kuran, and al-Qur’ān, is the central religious text of Islam, which Muslims consider the verbatim word of God . It is regarded widely as the finest piece of literature in the Arabic language...

 gives clear instruction on many issues, such as how to perform the ritual purification before the obligatory daily prayers , but on other issues, some Muslims believe the Qur'an alone is not enough to make things clear. For example the Qur'an states one needs to engage in daily prayers and fast during the month of Ramadan
Ramadan (calendar month)
Ramadan is the ninth month of the Islamic calendar, and the month in which the Quran was revealed.Ramadan is the holiest of months in the Islamic calendar, and fasting in this month is one of the Five Pillars of Islam. The month is spent by Muslims fasting during the daylight hours from dawn to...

 but some Muslims believe they need further instructions on how to perform these duties. Details about these issues can be found in the traditions of Islamic prophet Muhammad , so Qur'an and Sunnah
Qur'an and Sunnah
Qur'an and Sunnah is an often quoted Islamic term regarding the sources of Islam. Muslims hold that Islam is derived from two sources: one being infallible and containing compressed information — the Qur'an — and another being a detailed explanation of the everyday application of the principles...

 are in most cases the basis for .

With regard to some topics the Qur'an
Qur'an
The Quran , also transliterated Qur'an, Koran, Alcoran, Qur’ān, Coran, Kuran, and al-Qur’ān, is the central religious text of Islam, which Muslims consider the verbatim word of God . It is regarded widely as the finest piece of literature in the Arabic language...

 and Sunnah
Sunnah
The word literally means a clear, well trodden, busy and plain surfaced road. In the discussion of the sources of religion, Sunnah denotes the practice of Prophet Muhammad that he taught and practically instituted as a teacher of the sharī‘ah and the best exemplar...

 are silent. In those cases the Muslim jurists try to arrive at conclusions by other means. Sunni jurists use analogy
Analogy
Analogy is a cognitive process of transferring information or meaning from a particular subject to another particular subject , and a linguistic expression corresponding to such a process...

  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
Sacred
Holiness, or sanctity, is in general the state of being holy or sacred...

 and the schools of thought have differing views on its details, without viewing other conclusions as sacrilegious
Sacrilege
Sacrilege is the violation or injurious treatment of a sacred object. In a less proper sense, any transgression against the virtue of religion would be a sacrilege. It can come in the form of irreverence to sacred persons, places, and things...

. 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


Fida Hussain solangi, a renowned jurist has discoursed upon the following issues as under:

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:
  • Obligation (fardh)
  • Recommendation (mustahabb
    Mustahabb
    Mustahabb is an Islamic term referring to recommended, favored or virtuous actions.-Definition:Mustahabb actions are those whose status of approval in Islamic law falls between mubah and wajib...

    )
  • Permissibility (mubah
    Mubah
    'Mubah' is an Islamic Arabic term denoting an action as neither forbidden nor recommended, and so religiously neutral. This is one of the degrees of approval in Islamic law....

    )
  • Disrecommendation (makrooh)
  • Prohibition (haraam
    Haraam
    Haraam is an Arabic term meaning "forbidden", or "sacred". In Islam it is used to refer to anything that is prohibited by the word of Allah in the Qur'an or the Hadith Qudsi. Haraam is the highest status of prohibition given to anything that would result in sin when a Muslim commits it...

    )


Rules in relation to circumstances (
wadia
) comprise:
  • Condition (shart)
  • Cause (sabab)
  • Preventor (mani)
  • Permit/Enforce (rukhsah, azeemah)
  • Valid/Corrupt/Invalid (sahih, faasid, batil)
  • In time/Debt/Repeat (adaa, al-qadaa, i'ada)


Fiqh is grouped into two parts:
  1. Ibadaat (worship)
  2. Mua'malaat (dealings & transactions)

Fields of jurisprudence

  • Islamic economical jurisprudence فقه المعاملات
  • Islamic political jurisprudence فقه السياسة
  • Islamic marital jurisprudence
    Islamic marital jurisprudence
    In Islamic law , marriage is a legal bond and social contract between a man and a woman. Islam commends marriage, with the age of marriage being whenever the individuals feel ready, financially and emotionally...

  • Islamic criminal jurisprudence
    Islamic criminal jurisprudence
    Islamic criminal law is criminal law in accordance with Islamic law. Strictly speaking, Islamic law does not have a distinct corpus of "criminal law," as sharia courts do not have prosecutors, and all matters, even criminal ones, are in principle handled as disputes between individuals...

     فقه العقوبات
  • Islamic etiquettical jurisprudence
    Adab (behavior)
    Adab, in the context of behavior, refers to prescribed Islamic etiquette: "refinement, good manners, morals, decorum, decency, humaneness". While interpretation of the scope and particulars of Adab may vary among different cultures, common among these interpretations is regard for personal standing...

     الآداب
  • Islamic theological jurisprudence
    Islamic theological jurisprudence
    Islamic theological jurisprudence is the field of Islamic jurisprudence specialized in theological issues.-Sub-Articles:*Salah *Sawm *Hajj...

  • Islamic hygienical jurisprudence
    Hygiene in Islam
    Hygiene is a prominent topic in Islam. Islam has always placed a strong emphasis on personal hygiene. Other than the need to be ritually clean in time for the daily prayer through Wudu and Ghusl, there are a large number of other hygiene-related rules governing the lives of Muslims...

  • Islamic military jurisprudence
    Rules of war in Islam
    Islamic military jurisprudence refers to what has been accepted in Sharia and Fiqh by Ulama as the correct Islamic manner which is expected to be obeyed by Muslims in times of war....

     فقه الجهاد

Methodologies of jurisprudence usul al-fiqh (أصول الفقه)



The Modus operandi
Modus operandi
Modus operandi is a Latin phrase, approximately translated as "mode of operation". The term is used to describe someone's habits or manner of working, their method of operating or functioning...

 of the Muslim jurist is known as usul al-fiqh
Usul al-fiqh
Uṣūl al-fiqh is the study of the origins, sources, and principles upon which Islamic jurisprudence is based. In the narrow sense, it simply refers to the question of what are the sources of Islamic law...

(principles of jurisprudence).

There are different approaches to the methodology used in fiqh to derive sharia
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...

from the Islamic sources. The main methodologies are:
  • The four classical Sunni schools are, in chronological order: the Hanafi
    Hanafi
    The Hanafi school is one of the four Madhhab in jurisprudence within Sunni Islam. The Hanafi madhhab is named after the Persian scholar Abu Hanifa an-Nu‘man ibn Thābit , a Tabi‘i whose legal views were preserved primarily by his two most important disciples, Abu Yusuf and Muhammad al-Shaybani...

     school, the Maliki
    Maliki
    The ' madhhab is one of the schools of Fiqh or religious law within Sunni Islam. It is the second-largest of the four schools, followed by approximately 25% of Muslims, mostly in North Africa, West Africa, the United Arab Emirates, Kuwait, and in some parts of Saudi Arabia...

     school, the Shafi'i
    Shafi'i
    The Shafi'i madhhab is one of the schools of fiqh, or religious law, within the Sunni branch of Islam. The Shafi'i school of fiqh is named after Imām ash-Shafi'i.-Principles:...

     school and the Hanbali
    Hanbali
    The Hanbali school is one the schools of Fiqh or religious law within Sunni Islam. The jurisprudence school traces back to Imam Ahmad ibn Hanbal but was institutionalized by his students. Hanbali jurisprudence is considered very strict and conservative, especially regarding questions of dogma...

     school. They represent the generally accepted Sunni authority for Islamic jurisprudence.
  • Jafari fiqh, or the Shi'a fiqh


Other schools are the Zaidi, Zahiri, Sufian Al'thawree, Sufian bin O'yayna, Layth bin Sa'ad, Tabari and Qurtubi schools.

The four schools of Sunnis



The four schools (or Madh'hab) of Sunni Muslims are each named by students of the classical jurist who taught them. The Sunni schools (and where they are commonly found) are
  • Hanafi
    Hanafi
    The Hanafi school is one of the four Madhhab in jurisprudence within Sunni Islam. The Hanafi madhhab is named after the Persian scholar Abu Hanifa an-Nu‘man ibn Thābit , a Tabi‘i whose legal views were preserved primarily by his two most important disciples, Abu Yusuf and Muhammad al-Shaybani...

     (The Levant
    Levant
    The Levant or ) is the geographic region and culture zone of the "eastern Mediterranean littoral between Anatolia and Egypt" . The Levant includes most of modern Lebanon, Syria, Jordan, Israel, the Palestinian territories, and sometimes parts of Turkey and Iraq, and corresponds roughly to the...

    , Turkey
    Turkey
    Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...

    , the Balkans, Central Asia
    Central Asia
    Central Asia is a core region of the Asian continent from the Caspian Sea in the west, China in the east, Afghanistan in the south, and Russia in the north...

    , Indian subcontinent
    Indian subcontinent
    The Indian subcontinent, also Indian Subcontinent, Indo-Pak Subcontinent or South Asian Subcontinent is a region of the Asian continent on the Indian tectonic plate from the Hindu Kush or Hindu Koh, Himalayas and including the Kuen Lun and Karakoram ranges, forming a land mass which extends...

    , Iran
    Iran
    Iran , officially the Islamic Republic of Iran , is a country in Southern and Western Asia. The name "Iran" has been in use natively since the Sassanian era and came into use internationally in 1935, before which the country was known to the Western world as Persia...

    , Afghanistan
    Afghanistan
    Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...

    , Jordan
    Jordan
    Jordan , officially the Hashemite Kingdom of Jordan , Al-Mamlaka al-Urduniyya al-Hashemiyya) is a kingdom on the East Bank of the River Jordan. The country borders Saudi Arabia to the east and south-east, Iraq to the north-east, Syria to the north and the West Bank and Israel to the west, sharing...

    , China
    China
    Chinese civilization may refer to:* China for more general discussion of the country.* Chinese culture* Greater China, the transnational community of ethnic Chinese.* History of China* Sinosphere, the area historically affected by Chinese culture...

     and Egypt
    Egypt
    Egypt , officially the Arab Republic of Egypt, Arabic: , is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Southwest Asia. Egypt is thus a transcontinental country, and a major power in Africa, the Mediterranean Basin, the Middle East and the Muslim world...

    )
  • Maliki
    Maliki
    The ' madhhab is one of the schools of Fiqh or religious law within Sunni Islam. It is the second-largest of the four schools, followed by approximately 25% of Muslims, mostly in North Africa, West Africa, the United Arab Emirates, Kuwait, and in some parts of Saudi Arabia...

     (North Africa
    North Africa
    North Africa or Northern Africa is the northernmost region of the African continent, linked by the Sahara to Sub-Saharan Africa. Geopolitically, the United Nations definition of Northern Africa includes eight countries or territories; Algeria, Egypt, Libya, Morocco, South Sudan, Sudan, Tunisia, and...

    , the Muslim areas of West Africa
    West Africa
    West Africa or Western Africa is the westernmost region of the African continent. Geopolitically, the UN definition of Western Africa includes the following 16 countries and an area of approximately 5 million square km:-Flags of West Africa:...

    , Kuwait
    Kuwait
    The State of Kuwait is a sovereign Arab state situated in the north-east of the Arabian Peninsula in Western Asia. It is bordered by Saudi Arabia to the south at Khafji, and Iraq to the north at Basra. It lies on the north-western shore of the Persian Gulf. The name Kuwait is derived from the...

    , the United Arab Emirates
    United Arab Emirates
    The United Arab Emirates, abbreviated as the UAE, or shortened to "the Emirates", is a state situated in the southeast of the Arabian Peninsula in Western Asia on the Persian Gulf, bordering Oman, and Saudi Arabia, and sharing sea borders with Iraq, Kuwait, Bahrain, Qatar, and Iran.The UAE is a...

     and Bahrain
    Bahrain
    ' , officially the Kingdom of Bahrain , is a small island state near the western shores of the Persian Gulf. It is ruled by the Al Khalifa royal family. The population in 2010 stood at 1,214,705, including 235,108 non-nationals. Formerly an emirate, Bahrain was declared a kingdom in 2002.Bahrain is...

    )
  • Shafi'i
    Shafi'i
    The Shafi'i madhhab is one of the schools of fiqh, or religious law, within the Sunni branch of Islam. The Shafi'i school of fiqh is named after Imām ash-Shafi'i.-Principles:...

     (Yemen
    Yemen
    The Republic of Yemen , commonly known as Yemen , is a country located in the Middle East, occupying the southwestern to southern end of the Arabian Peninsula. It is bordered by Saudi Arabia to the north, the Red Sea to the west, and Oman to the east....

    , Somalia
    Somalia
    Somalia , officially the Somali Republic and formerly known as the Somali Democratic Republic under Socialist rule, is a country located in the Horn of Africa. Since the outbreak of the Somali Civil War in 1991 there has been no central government control over most of the country's territory...

    , Djibouti
    Djibouti
    Djibouti , officially the Republic of Djibouti , is a country in the Horn of Africa. It is bordered by Eritrea in the north, Ethiopia in the west and south, and Somalia in the southeast. The remainder of the border is formed by the Red Sea and the Gulf of Aden at the east...

    , Eritrea
    Eritrea
    Eritrea , officially the State of Eritrea, is a country in the Horn of Africa. Eritrea derives it's name from the Greek word Erethria, meaning 'red land'. The capital is Asmara. It is bordered by Sudan in the west, Ethiopia in the south, and Djibouti in the southeast...

    , Ethiopia
    Ethiopia
    Ethiopia , officially known as the Federal Democratic Republic of Ethiopia, is a country located in the Horn of Africa. It is the second-most populous nation in Africa, with over 82 million inhabitants, and the tenth-largest by area, occupying 1,100,000 km2...

    , Southern Iran
    Iran
    Iran , officially the Islamic Republic of Iran , is a country in Southern and Western Asia. The name "Iran" has been in use natively since the Sassanian era and came into use internationally in 1935, before which the country was known to the Western world as Persia...

    , Muslim Southeast Asia
    Muslim Southeast Asia
    Muslim Southeast Asia refers to those areas of Southeast Asia that have significant populations of Muslims. It includes:* Indonesia* Malaysia* Brunei* Southern Philippines * Southern Thailand...

    , Jordan
    Jordan
    Jordan , officially the Hashemite Kingdom of Jordan , Al-Mamlaka al-Urduniyya al-Hashemiyya) is a kingdom on the East Bank of the River Jordan. The country borders Saudi Arabia to the east and south-east, Iraq to the north-east, Syria to the north and the West Bank and Israel to the west, sharing...

    , Egypt
    Egypt
    Egypt , officially the Arab Republic of Egypt, Arabic: , is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Southwest Asia. Egypt is thus a transcontinental country, and a major power in Africa, the Mediterranean Basin, the Middle East and the Muslim world...

    , Swahili Coast
    Swahili Coast
    The Swahili Coast refers to the coast or coastal area of East Africa inhabited by the Swahili people, mainly Kenya, Tanzania, and north Mozambique...

    , Maldives
    Maldives
    The Maldives , , officially Republic of Maldives , also referred to as the Maldive Islands, is an island nation in the Indian Ocean formed by a double chain of twenty-six atolls oriented north-south off India's Lakshadweep islands, between Minicoy Island and...

     and southern parts of India
    India
    India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...

    )
  • Hanbali
    Hanbali
    The Hanbali school is one the schools of Fiqh or religious law within Sunni Islam. The jurisprudence school traces back to Imam Ahmad ibn Hanbal but was institutionalized by his students. Hanbali jurisprudence is considered very strict and conservative, especially regarding questions of dogma...

     (Saudi Arabia
    Saudi Arabia
    The Kingdom of Saudi Arabia , commonly known in British English as Saudi Arabia and in Arabic as as-Sa‘ūdiyyah , is the largest state in Western Asia by land area, constituting the bulk of the Arabian Peninsula, and the second-largest in the Arab World...

     and Qatar
    Qatar
    Qatar , also known as the State of Qatar or locally Dawlat Qaṭar, is a sovereign Arab state, located in the Middle East, occupying the small Qatar Peninsula on the northeasterly coast of the much larger Arabian Peninsula. Its sole land border is with Saudi Arabia to the south, with the rest of its...

    ).


These four schools share most of their rulings, but differ on the particular hadith
Hadith
The term Hadīth is used to denote a saying or an act or tacit approval or criticism ascribed either validly or invalidly to the Islamic prophet Muhammad....

s
they accept as authentic and the weight they give to analogy or reason (qiyas
Qiyas
In Islamic jurisprudence, qiyās is the process of deductive analogy in which the teachings of the Hadith are compared and contrasted with those of the Qur'an, in order to apply a known injunction to a new circumstance and create a new injunction...

) in deciding difficulties.

The Hanafi
Hanafi
The Hanafi school is one of the four Madhhab in jurisprudence within Sunni Islam. The Hanafi madhhab is named after the Persian scholar Abu Hanifa an-Nu‘man ibn Thābit , a Tabi‘i whose legal views were preserved primarily by his two most important disciples, Abu Yusuf and Muhammad al-Shaybani...

 school was the earliest established under the jurist Imam Abu Hanifa, who was born and taught in Iraq. Imam Abu Hanifa (80A.H.
Islamic calendar
The Hijri calendar , also known as the Muslim calendar or Islamic calendar , is a lunar calendar consisting of 12 lunar months in a year of 354 or 355 days. It is used to date events in many Muslim countries , and used by Muslims everywhere to determine the proper day on which to celebrate Islamic...

–150A.H.), whose real name was Nu'man ibn Thabit, was born in the city of Kufa
Kufa
Kufa is a city in Iraq, about south of Baghdad, and northeast of Najaf. It is located on the banks of the Euphrates River. The estimated population in 2003 was 110,000....

 (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 (SAW) 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'i.e. 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.

Ja'fari jurisprudence


The Ja'fari
Ja'fari jurisprudence
Jaʿfarī school of thought, Ja`farite School, Jaʿfarī jurisprudence or Jaʿfarī Fiqh is the school of jurisprudence of most Shi'a Muslims, derived from the name of Jaʿfar as-Ṣādiq, the 6th Shi'a Imam...

 school (Iran
Iran
Iran , officially the Islamic Republic of Iran , is a country in Southern and Western Asia. The name "Iran" has been in use natively since the Sassanian era and came into use internationally in 1935, before which the country was known to the Western world as Persia...

, Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....

, Azerbaijan
Azerbaijan
Azerbaijan , officially the Republic of Azerbaijan is the largest country in the Caucasus region of Eurasia. Located at the crossroads of Western Asia and Eastern Europe, it is bounded by the Caspian Sea to the east, Russia to the north, Georgia to the northwest, Armenia to the west, and Iran to...

, Lebanon
Lebanon
Lebanon , officially the Republic of LebanonRepublic of Lebanon is the most common term used by Lebanese government agencies. The term Lebanese Republic, a literal translation of the official Arabic and French names that is not used in today's world. Arabic is the most common language spoken among...

, Afghanistan
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...

, Bahrain
Bahrain
' , officially the Kingdom of Bahrain , is a small island state near the western shores of the Persian Gulf. It is ruled by the Al Khalifa royal family. The population in 2010 stood at 1,214,705, including 235,108 non-nationals. Formerly an emirate, Bahrain was declared a kingdom in 2002.Bahrain is...

, Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...

, India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...

 and Saudi Arabia
Saudi Arabia
The Kingdom of Saudi Arabia , commonly known in British English as Saudi Arabia and in Arabic as as-Sa‘ūdiyyah , is the largest state in Western Asia by land area, constituting the bulk of the Arabian Peninsula, and the second-largest in the Arab World...

) is associated with Imam Jafar-as-Sadiq. The fatwa
Fatwa
A fatwā in the Islamic faith is a juristic ruling concerning Islamic law issued by an Islamic scholar. In Sunni Islam any fatwā is non-binding, whereas in Shia Islam it could be considered by an individual as binding, depending on his or her relation to the scholar. The person who issues a fatwā...

s
, or time and space bound rulings of early jurists, are taken rather more seriously in this school, due to the more hierarchical structure of Shia Islam, which is ruled by the Imams. But they are also more flexible, in that every jurist has considerable power to alter a decision according to his opinion.

The Jafari school uses 'aql
'Aql
‘Aql , is an Arabic language term used in Islamic theology or philosophy to the intellect the rational faculty of the soul or mind. It is the normal translation of the Greek term nous...

"intellect" instead of qiyas in the Sunni schools, when establishing Islamic laws.

Ismaili Fatimid jurisprudence


Daim al-Islam
Daim al-Islam
Daim al-Islam is a Mustaali Ismaili Shi'a Muslim book of hadith, meaning traditions. It narrates the sunnah of the Ismaili Imams of the Fatimid Empire....

 is a book on the rulings of Islam followed by Ismaili Muslims who adhere to the Shi'a Ismaili
Ismaili
' is a branch of Shia Islam. It is the second largest branch of Shia Islam, after the Twelvers...

 Fatimid
Fatimid
The Fatimid Islamic Caliphate or al-Fāṭimiyyūn was a Berber Shia Muslim caliphate first centered in Tunisia and later in Egypt that ruled over varying areas of the Maghreb, Sudan, Sicily, the Levant, and Hijaz from 5 January 909 to 1171.The caliphate was ruled by the Fatimids, who established the...

 fiqh. It describes manners and etiquette, including Ibadat in the light of guidance provided by the Ismaili Imams. The book emphasizes what importance Islam has given to manners and etiquette along with the worship of God, citing the traditions of the first four Imams of the Shi'a Ismaili Fatimid school of thought.

Arguments for and against reform


Each school reflects a unique al-urf or culture (a cultural practice that was influenced by traditions), that the classical jurists themselves lived in, when rulings were made. Some suggest that the discipline of isnad, which developed to validate hadith made it relatively easy to record and validate also the rulings of jurists. This, in turn, made them far easier to imitate (taqlid
Taqlid
Taqlid or taklid is an Arabic term in Islamic legal terminology connoting "imitation", that is; following the decisions of a religious authority without necessarily examining the scriptural basis or reasoning of that decision, such as accepting and following the verdict of scholars of...

) than to challenge in new contexts. The argument is, the schools have been more or less frozen for centuries, and reflect a culture that simply no longer exists. Traditional scholars hold that religion is there to regulate human behavior and nurture peoples moral side and since human nature has not fundamentally changed since the beginning of Islam a call to modernize the religion is essentially one to relax all laws and institutions.

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
Islamization of knowledge
Islamization of knowledge is a term which describes a variety of attempts and approaches to synthesize the ethics of Islam with various fields of modern thought. Its end product would be a new ijma among Muslims on an appropriate fiqh and a scientific method that did not violate Islamic ethical...

, which would deal with the modern context. This modernization is opposed by most conservative ulema
Ulema
Ulama , also spelt ulema, refers to the educated class of Muslim legal scholars engaged in the several fields of Islamic studies. They are best known as the arbiters of shari‘a law...

. 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.

Early history


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
Muhammad ibn Idris ash-Shafi`i
Abū ʿAbdullāh Muhammad ibn Idrīs al-Shafiʿī was a Muslim jurist, who lived from 767 CE to 820 CE. He was active in juridical matters and his teaching eventually led to the Shafi'i school of fiqh named after him. Hence he is often called Imam al-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
Sunnah
The word literally means a clear, well trodden, busy and plain surfaced road. In the discussion of the sources of religion, Sunnah denotes the practice of Prophet Muhammad that he taught and practically instituted as a teacher of the sharī‘ah and the best exemplar...

, ijma
Ijma
Ijmāʿ is an Arabic term referring to the consensus of the Muslim community. Various schools of thought within Islamic jurisprudence may define this consensus as that of the first generation of Muslims only; the consensus of the first three generations of Muslims; the consensus of the jurists...

, and qiyas
Qiyas
In Islamic jurisprudence, qiyās is the process of deductive analogy in which the teachings of the Hadith are compared and contrasted with those of the Qur'an, in order to apply a known injunction to a new circumstance and create a new injunction...

) 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.

Possible links with Western law


A number of important legal institution
Institution
An institution is any structure or mechanism of social order and cooperation governing the behavior of a set of individuals within a given human community...

s were developed by Muslim jurists during the classical period of Islam, known as the Islamic Golden Age
Islamic Golden Age
During the Islamic Golden Age philosophers, scientists and engineers of the Islamic world contributed enormously to technology and culture, both by preserving earlier traditions and by adding their own inventions and innovations...

. One such institution was the Hawala
Hawala
Hawala is an informal value transfer system based on the performance and honor of a huge network of money brokers, which are primarily located in the Middle East, North Africa, the Horn of Africa, and South Asia...

, an early informal value transfer system
Informal value transfer system
An informal value transfer system refers to any system, mechanism, or network of people that receives money for the purpose of making the funds or an equivalent value payable to a third party in another geographic location, whether or not in the same form...

, which is mentioned in texts of Islamic jurisprudence as early as the 8th century. Hawala itself later influenced the development of the agency
Agency (law)
The law of agency is an area of commercial law dealing with a contractual or quasi-contractual, or non-contractual set of relationships when a person, called the agent, is authorized to act on behalf of another to create a legal relationship with a third party...

 in common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...

 and in civil laws
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...

 such as the aval
Aval
Aval , in Spain, is a joint commitment to payment of an obligation in favor of the creditor or beneficiary. It is granted by a third party, in case the principal debtor does not fulfil the obligation of payment of a credit title....

in French law
Law of France
In academic terms, French law can be divided into two main categories: private or judicial law and public law .Judicial law includes, in particular:*civil law ; and*criminal law ....

 and the avallo in Italian
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...

 law. The "European commenda
Limited partnership
A limited partnership is a form of partnership similar to a general partnership, except that in addition to one or more general partners , there are one or more limited partners . It is a partnership in which only one partner is required to be a general partner.The GPs are, in all major respects,...

" (Islamic Qirad
Qirad
The qirad was one of the basic financial instruments of the medieval Islamic world. It was an arrangement between one or more investors and an agent where the investors entrusted capital to an agent who then traded with it in hopes of making profit...

) used in European civil law may have also originated from Islamic law.

The Waqf
Waqf
A waqf also spelled wakf formally known as wakf-alal-aulad is an inalienable religious endowment in Islamic law, typically denoting a building or plot of land for Muslim religious or charitable purposes. The donated assets are held by a charitable trust...

in Islamic law
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...

, which developed during the 7th–9th centuries, bears a notable resemblance to the trusts
Charitable trust
A charitable trust is an irrevocable trust established for charitable purposes, and is a more specific term than "charitable organization".-United States:...

 in the English trust law
Trust law
In common law legal systems, a trust is a relationship whereby property is held by one party for the benefit of another...

. For example, every Waqf was required to have a waqif (settlor), mutawillis (trustee), qadi
Qadi
Qadi is a judge ruling in accordance with Islamic religious law appointed by the ruler of a Muslim country. Because Islam makes no distinction between religious and secular domains, qadis traditionally have jurisdiction over all legal matters involving Muslims...

(judge) and beneficiaries. The trust law developed in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...

 at the time of the Crusades
Crusades
The Crusades were a series of religious wars, blessed by the Pope and the Catholic Church with the main goal of restoring Christian access to the holy places in and near Jerusalem...

, 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
Middle East
The Middle East is a region that encompasses Western Asia and Northern Africa. It is often used as a synonym for Near East, in opposition to Far East...

.

The Islamic lafif was a body of twelve members drawn from the neighbourhood
Neighbourhood
A neighbourhood or neighborhood is a geographically localised community within a larger city, town or suburb. Neighbourhoods are often social communities with considerable face-to-face interaction among members. "Researchers have not agreed on an exact definition...

 and sworn to tell the truth, who were bound to give a unanimous verdict
Verdict
In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. The term, from the Latin veredictum, literally means "to say the truth" and is derived from Middle English verdit, from Anglo-Norman: a compound of ver and dit In law, a verdict...

, about matters "which they had personally seen or heard, binding on the judge
Qadi
Qadi is a judge ruling in accordance with Islamic religious law appointed by the ruler of a Muslim country. Because Islam makes no distinction between religious and secular domains, qadis traditionally have jurisdiction over all legal matters involving Muslims...

, to settle the truth concerning facts in a case, between ordinary people, and obtained as of right by the plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...

." The only characteristic of the English jury which the Islamic lafif lacked was the "judicial writ
Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...

 directing the jury to be summoned and directing the bailiff
Bailiff
A bailiff is a governor or custodian ; a legal officer to whom some degree of authority, care or jurisdiction is committed...

 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
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...

 by the Normans
Normans
The Normans were the people who gave their name to Normandy, a region in northern France. They were descended from Norse Viking conquerors of the territory and the native population of Frankish and Gallo-Roman stock...

, who conquered both England
Norman conquest of England
The Norman conquest of England began on 28 September 1066 with the invasion of England by William, Duke of Normandy. William became known as William the Conqueror after his victory at the Battle of Hastings on 14 October 1066, defeating King Harold II of England...

 and the Emirate of Sicily
Emirate of Sicily
The Emirate of Sicily was an Islamic state on the island of Sicily , which existed from 965 to 1072.-First Arab invasions of Sicily:...

, and then evolved into the modern English jury.

Several other fundamental common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...

 institutions may have been adapted from similar legal institutions in Islamic law
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...

 and jurisprudence, and introduced to England by the Normans
Normans
The Normans were the people who gave their name to Normandy, a region in northern France. They were descended from Norse Viking conquerors of the territory and the native population of Frankish and Gallo-Roman stock...

 after the Norman conquest of England
Norman conquest of England
The Norman conquest of England began on 28 September 1066 with the invasion of England by William, Duke of Normandy. William became known as William the Conqueror after his victory at the Battle of Hastings on 14 October 1066, defeating King Harold II of England...

 and the Emirate of Sicily
Emirate of Sicily
The Emirate of Sicily was an Islamic state on the island of Sicily , which existed from 965 to 1072.-First Arab invasions of Sicily:...

, and by Crusaders during the Crusades
Crusades
The Crusades were a series of religious wars, blessed by the Pope and the Catholic Church with the main goal of restoring Christian access to the holy places in and near Jerusalem...

. In particular, the "royal English contract
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...

 protected by the action of debt
Debt
A debt is an obligation owed by one party to a second party, the creditor; usually this refers to assets granted by the creditor to the debtor, but the term can also be used metaphorically to cover moral obligations and other interactions not based on economic value.A debt is created when a...

 is identified with the Islamic Aqd, the English assize of novel disseisin
Assize of novel disseisin
In English law, the Assize of novel disseisin was an action to recover lands of which the plaintiff had been disseised, or dispossessed. The action became extremely popular due to its expediency...

 is identified with the Islamic Istihqaq, and the English jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...

 is identified with the Islamic lafif." Other English legal institutions such as "the scholastic method, the licence to teach
Education
Education in its broadest, general sense is the means through which the aims and habits of a group of people lives on from one generation to the next. Generally, it occurs through any experience that has a formative effect on the way one thinks, feels, or acts...

", the "law school
Law school
A law school is an institution specializing in legal education.- Law degrees :- Canada :...

s known as Inns of Court
Inns of Court
The Inns of Court in London are the professional associations for barristers in England and Wales. All such barristers must belong to one such association. They have supervisory and disciplinary functions over their members. The Inns also provide libraries, dining facilities and professional...

 in England and Madrasas
Madrasah
Madrasah is the Arabic word for any type of educational institution, whether secular or religious...

in Islam" and the "European commenda
Limited partnership
A limited partnership is a form of partnership similar to a general partnership, except that in addition to one or more general partners , there are one or more limited partners . It is a partnership in which only one partner is required to be a general partner.The GPs are, in all major respects,...

" (Islamic Qirad
Qirad
The qirad was one of the basic financial instruments of the medieval Islamic world. It was an arrangement between one or more investors and an agent where the investors entrusted capital to an agent who then traded with it in hopes of making profit...

) may have also originated from Islamic law. The methodology of legal precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...

 and reasoning by analogy
Analogy
Analogy is a cognitive process of transferring information or meaning from a particular subject to another particular subject , and a linguistic expression corresponding to such a process...

 (Qiyas
Qiyas
In Islamic jurisprudence, qiyās is the process of deductive analogy in which the teachings of the Hadith are compared and contrasted with those of the Qur'an, in order to apply a known injunction to a new circumstance and create a new injunction...

) are also similar in both the Islamic and common law systems. These influences have led some scholars to suggest that Islamic law may have laid the foundations for "the common law as an integrated whole".

See also


  • Abdallah al-Harari
  • Bahar-e-Shariat
    Bahar-e-Shariat
    Bahar-e-Shariat is an encyclopedia of Islamic fiqh , according to the Hanafi school, spreading over 20 volumes. Seventeen of its volumes were written by Mufti Amjad Ali Aazmi, a disciple of Imam Ahmed Raza Khan. The rest of three books were compiled by his disciples after his death. The book is...

  • Mizan
    Mizan
    Mizan is a comprehensive treatise on the contents of Islam, written by Javed Ahmad Ghamidi, a Pakistani Islamic scholar. It is published in Urdu by Al-Mawrid Institute of Islamic Sciences. The book is also available in the form of different booklets...

    —a comprehensive treatise on the contents of Islam written by Javed Ahmed Ghamidi
    Javed Ahmed Ghamidi
    Javed Ahmad Ghamidi is a well-known Pakistani Muslim theologian, Quran scholar and exegete, and educationist. A former member of the Jamaat-e-Islami, who extended the work of his tutor, Amin Ahsan Islahi. Ghamidi is the founder of Al-Mawrid Institute of Islamic Sciences and its sister...

  • Palestinian law
  • Ma'ruf
    Ma'ruf
    Ma'ruf is an Islamic term meaning that which is commonly:*known*understood*recognized*acknowledged*acceptedThe word is most often found in the Qur'anic exhortation, "Amr bil Ma'ruf wa Nahy an al Munkar ." This is often translated as "Command the good and forbid the evil," but this translation...

  • Sources of Islamic law
    Sources of Islamic law
    Various sources of Islamic law are used by Islamic jurisprudence to elucidate the Sharia, the body of Islamic law. The primary sources, accepted universally by all Muslims, are the Qur'an and Sunnah. The Qur'an is the holy scripture of Islam, believed by Muslims to be the direct and unaltered word...

  • List of Islamic terms in Arabic
  • Urf
    Urf
    Urf العرف is an Arabic Islamic term referring to the custom, or 'knowledge', of a given society. To be recognized in an Islamic society, Urf must be compatible with Sharia law...


Further reading

  • Potz, Richard: Islamic Law and the Transfer of European Law, European History Online
    European History Online
    European History Online is an academic website that publishes articles on the history of Europe between the period of 1450 and 1950 according to the principle of open access. EGO is issued by the Institute of European History in Mainz in cooperation with the Center for Digital Humanities in Trier ...

    , Mainz: Institute of European History, 2011, retrieved: November 28, 2011.

External links