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: : . : . A Journey in Islamic Jurisprudence - : . : ..

Jurisprudence-Fiqh accurately means to understand deeply .An example of this is found in the Quran in the Dua of Prophet Moses (as) when he asked Allah to remove the impediment from his speech so Pharaoh and his people could understand him very well.{ }.And loosen the knot from my tongue. That they may understand my speech.

Fiqh The Arabic word fiqh means knowledge, understanding and comprehension. It refers to the legal rulings of the Muslim scholars, based on their knowledge of the shari`ah; and as such is the third source of rulings. The science of fiqh started in the second century after Hijrah, when the Islamic state expanded and faced several issues which were not explicitly covered in the Qur'an and Sunnah of the Prophet ( ). Rulings based on the unanimity of Muslim scholars and direct analogy are binding. The four Sunni schools of thought, Hanafi, Maliki, Shafi'i and Hanbali, are identical in approximately 75% of their legal conclusions. Variances in the remaining questions are traceable to methodological differences in understanding or authentication of the primary textual evidence. Differing viewpoints sometimes exist even within a single school of thought.

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JurisprudenceThis usage is also found in the Hadith of the Prophet( ) who said, Whoever Allah intends good for. He gives him understanding of the Deen. Narrated by Muslim.

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Jurisprudence According to the Scholars Fiqh according to the scholars has the following meaning: The collection of rulings or laws, (taken from) Shariah, dealing with actions, by which every Muslim is required to live. It is important to know that these rulings deal with the individual as well as the society.

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Rulings of Sacred Law

prescribed, recommended, permissible, disliked and unlawful 7

Prescribed

Recommended/Permissible

Disliked

Forbidden

Major Sins

Other terms:Obligatory Mandatory Required

Performance:

rewarded

Non-Performance:

punished Other terms:

- Sunnah

- Preferable

- Meritorious

- Desirable

P: rewarded

NP: not punished Other terms:

- Allowed

P: not rewarded

NP: not punishedOther terms:

- Offensive

- Detested

P: not punished

NP: rewardedOther terms:

- Unlawful- Prohibited

P: punished

NP: rewardedP: major/severe punished

NP: rewarded

Rulings of the Shari`ahThe rulings of shari`ah for all our daily actions are five : prescribed, recommended, permissible, disliked and unlawful . The distinctions between the five categories are in whether their performance (P) and nonperformance (NP) is rewarded, not rewarded, punished or not punished (see the table). The prescribed (fard) is also referred to as obligatory (wajib), mandatory (muhattam) and required (lazim). It is divided into two categories : personally obligatory ( ), which is required from every individual Muslim (e.g. salah and zakah); and communally obligatory ( ), which if performed by some Muslims is not required from others (e.g., funeral prayers).The recomended (mandub) is also referred to as sunnah, preferable (mustahabb), meritorious (fadila), and desirable (marghub fih). Examples are night vigil (tahajjud) prayers, and rememberance of Allah (zikr).The performance and nonperformance of the permissible/ allowed (mubah) is neither rewarded nor punished. Nonperformance of both the disliked (makruh) and the unlawful/prohibited (haram ) is rewarded. Performance of the unlawful is punished, but that of the disliked is not punished.8

The 7 Historical era of Islamic Jurisprudence

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