Introduction to Fiqh

Module 2 Assignment:

Introduction to Fiqh

Table of Contents

1.1 The Role of Shari‘a in Islam 2

1.2 The Need for the Sharí‘a 3

1.3 The Distinction between Shar ̄ı‘ah and Fiqh 4

1.3.1 The Hukm Takl ̄ıf ̄ı (Obligation Creating Rules) 4

1.3.2 The Hukm Wad.‘ ̄I (Declaratory Rules) 4

1.3.3 The Distinction Between the Hukm Takl ̄ıf ̄ı and the Hukm Wad. ‘ ̄ı 5

1.4 The Distinction Between Primary and Secondary Sources 6

1.4.1 The Qur’ ̄an 7

1.4.2 The Sunnah 8

1.4.3 Consensus of Legal Opinion (Ijm ̄a‘) 8

1.5 Secondary Sources 9

1.5.5 Sadd al-Dhar ̄ı‘ah (Blocking the Lawful Means to an Unlawful End) 11

1.6 The Schools of Islamic Law 13

1.6.1 The Hanaf ̄ı School 13

1.6.2 The M ̄alik ̄ı School 14

1.6.3 The Sh ̄afi‘ ̄ı School 16

1.6.4 The Hanbal ̄ı School 17

1.1 The Role of Shari‘a in Islam

The word “shari‘a” literally means “a way.” In Islamic terminology, it means the legal system of Islam. It is normally translated as the laws of Islam or the Islamic laws. Islam is a din—religion. The word din bears a concept wider and more comprehensive than the word `religion'. It means believing in the fundamentals as well as living according to the Islamic laws. This concept of religion is beautifully conveyed in the terms used by Islamic scholars to describe the fundamental beliefs and the practical laws of Islam. The “beliefs” are described as “usûlu ’d-dín — the roots of religion”. The “sharí‘a laws” are described as “furû‘u ’d-dín — the branches of religion”. Beliefs without practice is incomplete; and practice without belief may be useful in this world but not of much use in the hereafter.

The sharí‘a is a complete way of life; no aspect of human life is outside its domain. Islam expects a Muslim to follow its laws in every aspect of life: personal and familial, religious and social, moral and political, economic and business. After all, a Muslim is one “who submits to God". The Qur’ân says, “When Allah and...