Islamic Shariah, Fiqh and Secular Law: Basic Definitions

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 (saas). 


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.

3-Fiqh (Islamic Jurisprudence)
Basis of Rulings	Imams of schools of thought
Unanimity of Muslim scholars Direct and indirect analogy Benefit for community Custom Associated rules Original rules Opinion of a companion of the Prophet	Imam Abu Hanifa 80-150 (After Hijra) Imam Malik 93-179 (A.H.) Imam Shafi'i 150-204(A.H.) Imam Ahmad Ibn Hanbal 164-241 (A.H.) Imam Jafer as Sadiq Others: Al-Thawri, Ibn Abu-Lail, Al Awza'i, and Al-Laith

Rulings of the Shari`ah

The 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 (fard al-'ayn), which is required from every individual Muslim (e.g. salah and zakah);
	and communally obligatory (fard al- kifaya), 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.

Read more: http://www.witness-pioneer.org/vil/Articles/shariah/shariahintroduction.html

Fiqh was the doctrinal response of the Islamic civilization to challenges.

The codification of Fiqh solidified the foundation of Islamic civilization and was the cement for its stability through the turmoil of centuries. 

As long as the process of Fiqh was dynamic, creativity and ideas flowed from Islam to other civilizations.

When this process became static and stagnant, historical Islam increasingly turned inwards and became marginalized in the global struggle of humankind.

Some definitions of the terms Shariah, Fiqh and secular law are in order at the outset. 

Shariah is the constant, unchanging, basic dimension of Islam. 

It has its basis in the Qur’an and it derives its legitimacy from Divine sovereignty. Shariah defines not just the relationship of man to man, but also the relationship of man to God and of man to the cosmos. As such, it is all embracing and its dimensions are infinite. 

Secular law, on the other hand, deals only with the relationship of man to fellow human beings and does not concern itself with the relationship of man to the Divine. 

It is finite, changeable and subject to the vagaries of history and geography. It derives its legitimacy from the proclaimed sovereignty of kings, rulers and nations.

Fiqh is the historical dimension of the Shariah and represents the continuous and unceasing Muslim struggle to live up to divine commandments in time and space. 

It is the rigorous and detailed application of the Shariah to issues that confront humankind as it participates in the unfolding drama of history. As such it embraces the approach, the process, the methodology as well as the practical application of the Shariah. 

It [fiqh] defines the interface of an individual with himself, his family, his society, his community, as well as the civilizational interface between Islam and other faiths and ideologies.

We will attempt to summarize in this chapter 

...the historical origins and practical developments of the five major schools of Fiqh that are currently followed by the vast majority of Muslims. 

These are: Hanafi, Maliki, Shafi’i, Hanbali and Ja’afariya. There are other schools of Fiqh such as Zaidi and Ismaili, which are practiced by a relatively small number of Muslims today and we will refer to them only in their historical context. 

Read more: http://historyofislam.com/contents/the-classical-period/fiqh-the-development-of/

Imam Ja'fer as-Sadiq: Master in Exegesis, Jurisprudence, and a Mujtahid

Naqshbandi

The son of Imam Muhammad al-Baqir, son of al-Imam Zain al-'Abidin, son of al-Husayn, son of Ali bin Abi Talib (r), Ja'far was born on the eighth of Ramadan in the year 83 H. His mother was the daughter of al-Qassim (r), whose great grandfather was Abu Bakr as-Siddiq (r).

Ja'far narrated from his father, Muhammad al-Baqir, that a man came to his grandfather, Zain al-'Abidin, and said, "Tell me about Abu Bakr!" He said, "You mean as-Siddiq?" The man said, "How do you call him as-Siddiq when he is against you, the Family of the Prophet (s)?" He replied, "Woe to you. The Prophet (s) called him as-Siddiq, and Allah accepted his title of as-Siddiq. If you want to come to me, keep the love of Abu Bakr and 'Umar in your heart."

He took the knowledge of hadith from two sources: from his father through 'Ali (r) and from his maternal grandfather al-Qassim. The two Sufyans, Sufyan ath-Thawri and Sufyan bin Ayinah, Imam Malik, Imam Abu Hanifa, and al-Qattan all narrated hadith through him, as did many others from later hadith scholars. He was a mufassir al-Qur'an or master in exegesis, a scholar of jurisprudence, and one of the greatest mujtahids (qualified to give legal decisions) in Madinah. Ja'far (r) acquired both the external religious knowledge as well as the internal confirmation of its reality in the heart. The latter was reflected in his many visions and miraculous powers, too numerous to tell.

From his knowledge he used to say to Sufyan ath-Thawri, "If Allah bestows on you a favor, and you wish to keep that favor, then you must praise and thank Him excessively, because He said, "If you are thankful Allah will increase for you" [14:7]. He also said, "If the door of provision is closed for you, then make a great deal of istighfaar (begging forgiveness), because Allah said, "Seek forgiveness of your Lord, certainly Your Lord is oft-Forgiving" [11:52]. And he said to Sufyan, "If you are upset by the tyranny of a Sultan or other oppression that you witness, say "There is no change and no power except with Allah," because it is the key to Relief and one of the Treasures of Paradise."

He received from the Prophet (s) two lines of inheritance: the secret of the Prophet (s) through 'Ali (r) and the secret of the Prophet (s) through Abu Bakr (r). In him the two lineages met and for that reason he was called "The Inheritor of the Prophetic Station (Maqam an-Nubuwwa) and the Inheritor of the Truthful Station (Maqam as-siddiqiyya)." In him was reflected the light of the knowledge of Truth and Reality. That light shone forth and that knowledge was spread widely through him during his lifetime.

He spent his life in worship and acts of piety for the sake of Allah. He rejected all positions of fame in favor of ^cuzla or isolation from the lower world. One of his contemporaries, ^cUmar ibn Abi-l- Muqdam, said, "When I look at Ja'far bin Muhammad I see the lineage and the secret of the Prophet Muhammad (s) united in him."

Imam Ja'far (RAA) passed away in 148 H. and was buried in Jannat al-Baqi in the same grave as that of his father, Muhammad al-Baqir, his grandfather, Zain al-'Abidin, and the uncle of his grandfather, al-Hasan ibn 'Ali (r).

Read more: http://naqshbandi.org/chain/5.htm

Courtesy:

http://www.flickr.com/photos/mhrabbani/1149621984/in/set-72157601500708922/