As we strive as Muslims to remain on the straight path, we need to discern the right from the wrong in every aspect of our life. The Shari`ah (sacred law) and the Fiqh (Islamic jurisprudence) provide us with the rulings in different matters. In this article simple definitions of shari`ah and fiqh are given.
Shari`ah
The Arabic word shari`ah refers to the laws and
way of life prescribed by Allah (SWT) for his servants. The shari`ah
deals with the ideology and faith; behavior and manners; and
practical daily matters. "To each among you,
we have prescribed a law and a clear way. (Qur 'an 5:48)
Shari`ah includes the Qur'an and the sunnah
of the Prophet 
. The Qur'an is the direct word of Allah
(SWT), and is the first most important source of guidance and
rulings. The Sunnah of the Prophet is the
second source of guidance and rulings. The sunnah is
an inspiration from Allah (SWT), but relayed to us through
the words and actions of the Prophet , and his
concurrence with others' actions. The sunnah
confirmed the rulings of the Qur'an; detailed some of the
concepts, laws and practical matters which are briefly stated
in the Qur'an (e.g. definition of Islam, Iman, and
Ihsan, details of salah, types of usury); and
gave some rulings regarding matters not explicitly stated in
the Qur'an (e.g. wearing silk clothes for men).
| Shari`ah | |
| 1-Qur'an | 2-Sunnah of the prophet
|
| Ideology and faith | Sayings |
| Behavior and manners | Actions |
Practical manners
Pertaining to family, business, |
Concurrence with others' actions |
| Characteristics of the Prophet |
|
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.
| 3-Fiqh (Islamic Jurisprudence) | |
| Basis of Rulings | Imams of schools of thought |
|
Others: Al-Thawri, Ibn Abu-Lail, Al Awza'i, |
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.
| Rulings of Sacred Law | ||||
| 1. Prescribed | 2. Recommended | 3. Permissible/Allowed | 4. Disliked/Offensive/Detested | 5. Unlawful/Prohibited |
| Other terms: - Obligatory - Mandatory - Required Personally obligatory, communally obligatory Performance: rewarded |
Other terms: - Sunnah - Preferable - Meritorius - Desirable P: rewarded NP: not punished |
P: not rewarded NP: not punished |
P: not punished NP: rewarded |
P: punished NP: rewarded |