Islamicjurisprudence or fiqh is the human understanding of the Sharia (believed by Muslims to represent divine law as revealed in the Quran and the Sunnah (the teachings and practices of the Islamic prophet Muhammad).[1][2] Sharia expanded and developed by interpretation (ijtihad) of the Quran and Sunnah by Islamic jurists (Ulema)[2] and implemented by the rulings (Fatwa) of jurists on questions presented to them.
Fiqh deals with the observance of rituals, morals and social legislation in Islam. In the modern era there are four prominent schools (madh'hab) of fiqh within Sunni practice and two (or three) within Shi'a practice.[3]
The historian Ibn Khaldun 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), sinful (haraam), recommended (mandūb), disapproved (makrūh) or neutral (mubah)".[4] This definition is consistent amongst the jurists.
Another definition of fiqh is "Knowledge of legislative rulings, pertaining to the actions of man, as derived from their detailed evidences."[5][self-published source]
"Legislative rulings..." here excludes rulings that are purely theoretical in nature, such as those found in the science of uṣūl al-fiqh, as well as those theological in nature, generally discussed in the books of Aqidah or Kalam.
"derived from their detailed evidences" here connotes two things:
that there is a method of derivation; and,
that the source for such derivation are the various evidences considered valid Islamically.[citation needed]
Methods of derivation
Methods of derivation are laid out in the books of uṣūl al-fiqh (principles of fiqh), and those evidences which are deemed valid for deriving rulings from are many in number. Four of them are agreed upon by the vast majority of jurists. They are:
These four types of evidence are seen as acceptable by the vast majority of Jurists from both the schools of Sunni Jurists (the Hanafi, Maliki, Shafi'i, and Hanbali and sometimes the Zahiriyah), as well as Shi'a Jurists. However, Zahiriyah or Literalists do not see Qiyas as valid.
While Twelver Shia see edicts of the Twelve Imams as holding the same weight as the Quran and Sunnah, this is unacceptable by Sunni Jurists.
Conditions for being a faqīh
The faqīh is one who has fulfilled the conditions for Ijtihad either in their entirety or in piecemeal. In the Sunni point of view it is generally held that there are either no (or very few) Jurists or Fuqaha that have reached the level of Mujtahid Mutlaq in our day and age. In the Twelver (Ithna Asheri) Shia view, each of their Marja' have reached this level.
The faqīh who fulfills all conditions of Ijtihad is sometimes referred to as a Mujtahid Mutlaq or Unrestricted Jurist-Scholar, while he who has not reached that level generally will master of the methodology (Usul) used by one or more of the prominent madhhab and then able to apply this methodology to arrive at the traditional legal rulings of his/her respective madhhab. According to the Sunni Muslim website Living Islam, "There is no mujtahid mutlaq today nor even a claimant to that title."[6]
Below the level of Mujtahid Mutlaq is the Mujtahid Muqayyad or a Restricted Jurist-Scholar. A Mujtahid Muqayyad must pass rulings according to the confines of his particular madhhab (school of jurisprudence), or particular area of specialization.[7] This is according to the view that Ijtihad or the ability of legal deduction can be achieved in specified areas, and does not require a holistic grasp of the Shariah and its entailing Laws and legal theory.
^Kulseth, P. M. (2010). Redeemed: The Saga of Eyja's Family in Iceland and the Muslim World. Xlibris Corporation. p. 440. ISBN9781453559208. Retrieved 9 September 2015.
^Haddad, GF. "What is the definition of a mujtahid mutlaq, and are there any today". livingislam.org. Retrieved 9 September 2015.
^The Sunni Path (15th ed.). Hakikat Kitapevi. p. 33. Retrieved 9 September 2015.
Levy, Reuben (1957). The Social Structure of Islam. UK: Cambridge University Press. ISBN978-0-521-09182-4.
External links
April 21, 2023
faqīh, fuqaha, redirects, here, village, libya, fuqaha, libya, faqih, redirects, here, places, iran, faqih, iran, fakih, redirects, here, 2010, miss, rima, fakih, this, article, needs, additional, citations, verification, please, help, improve, this, article, . Fuqaha redirects here For the village in Libya see Fuqaha Libya Faqih redirects here For places in Iran see Faqih Iran Fakih redirects here For the 2010 Miss USA see Rima Fakih This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Faqih news newspapers books scholar JSTOR August 2016 Learn how and when to remove this template message A faqih plural fuqaha Arabic فقيه pl فقهاء is an Islamic jurist an expert in fiqh or Islamic jurisprudence and Islamic Law Contents 1 Definition 2 Methods of derivation 3 Conditions for being a faqih 4 See also 5 References 6 External linksDefinition EditMain article Fiqh Islamic schools of thought Islamic jurisprudence or fiqh is the human understanding of the Sharia believed by Muslims to represent divine law as revealed in the Quran and the Sunnah the teachings and practices of the Islamic prophet Muhammad 1 2 Sharia expanded and developed by interpretation ijtihad of the Quran and Sunnah by Islamic jurists Ulema 2 and implemented by the rulings Fatwa of jurists on questions presented to them Fiqh deals with the observance of rituals morals and social legislation in Islam In the modern era there are four prominent schools madh hab of fiqh within Sunni practice and two or three within Shi a practice 3 The historian Ibn Khaldun 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 sinful haraam recommended mandub disapproved makruh or neutral mubah 4 This definition is consistent amongst the jurists Another definition of fiqh is Knowledge of legislative rulings pertaining to the actions of man as derived from their detailed evidences 5 self published source Legislative rulings here excludes rulings that are purely theoretical in nature such as those found in the science of uṣul al fiqh as well as those theological in nature generally discussed in the books of Aqidah or Kalam derived from their detailed evidences here connotes two things that there is a method of derivation and that the source for such derivation are the various evidences considered valid Islamically citation needed Methods of derivation EditMethods of derivation are laid out in the books of uṣul al fiqh principles of fiqh and those evidences which are deemed valid for deriving rulings from are many in number Four of them are agreed upon by the vast majority of jurists They are The Qur an The Sunnah Ijma or Consensus Qiyas or AnalogyThese four types of evidence are seen as acceptable by the vast majority of Jurists from both the schools of Sunni Jurists the Hanafi Maliki Shafi i and Hanbali and sometimes the Zahiriyah as well as Shi a Jurists However Zahiriyah or Literalists do not see Qiyas as valid While Twelver Shia see edicts of the Twelve Imams as holding the same weight as the Quran and Sunnah this is unacceptable by Sunni Jurists Conditions for being a faqih EditThe faqih is one who has fulfilled the conditions for Ijtihad either in their entirety or in piecemeal In the Sunni point of view it is generally held that there are either no or very few Jurists or Fuqaha that have reached the level of Mujtahid Mutlaq in our day and age In the Twelver Ithna Asheri Shia view each of their Marja have reached this level The faqih who fulfills all conditions of Ijtihad is sometimes referred to as a Mujtahid Mutlaq or Unrestricted Jurist Scholar while he who has not reached that level generally will master of the methodology Usul used by one or more of the prominent madhhab and then able to apply this methodology to arrive at the traditional legal rulings of his her respective madhhab According to the Sunni Muslim website Living Islam There is no mujtahid mutlaq today nor even a claimant to that title 6 Below the level of Mujtahid Mutlaq is the Mujtahid Muqayyad or a Restricted Jurist Scholar A Mujtahid Muqayyad must pass rulings according to the confines of his particular madhhab school of jurisprudence or particular area of specialization 7 This is according to the view that Ijtihad or the ability of legal deduction can be achieved in specified areas and does not require a holistic grasp of the Shariah and its entailing Laws and legal theory See also EditList of Islamic studies scholars Grand Ayatollahs Fuqaha throughout history Sanatul FuqahaReferences Edit Fiqh Encyclopaedia Britannica a b Vogel Frank E 2000 Islamic Law and the Legal System of Saudi Studies of Saudi Arabia Brill pp 4 5 ISBN 9004110623 Glasse Cyril The New Encyclopedia of Islam Altamira 2001 p 141 Levy 1957 Page 150 Kulseth P M 2010 Redeemed The Saga of Eyja s Family in Iceland and the Muslim World Xlibris Corporation p 440 ISBN 9781453559208 Retrieved 9 September 2015 Haddad GF What is the definition of a mujtahid mutlaq and are there any today livingislam org Retrieved 9 September 2015 The Sunni Path 15th ed Hakikat Kitapevi p 33 Retrieved 9 September 2015 Levy Reuben 1957 The Social Structure of Islam UK Cambridge University Press ISBN 978 0 521 09182 4 External links EditWho is a Faqih balagh com Retrieved from https en wikipedia org w index php title Faqih amp oldid 1111763460, wikipedia, wiki, book, books, library,
