4. الفقه
Jurisprudence
-الفقهFiqh accurately means to understand deeply .الفهم
An example of this is found in the Qur’an 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.
{لساني من عقدة واحلليفقهواقولي}.
“And loosen the knot from my tongue. That they may
understand my speech.”
5. الفقه
Jurisprudence
This usage is also found in the Hadith of the Prophet (صلىهللاعليهوسلم) who
said, “Whoever Allah intends good for. He gives him understanding of the
Deen.” Narrated by Muslim.
”به هللا يرد منخيرايفقههالدين في“.
البخاري رواهومسلم.
6. العلماء اصطالح في الفقه
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.”
ّأدل من ًاَّدَمَتسُم ّةيالعمل ّةيالشرع باألحكام العلمّةيالتفصيل تها
7. Rulings of Sacred Law
Prescribed واجب
Recommended مندوب
Permissible مباح
Disliked مكروه
Unlawful مّمحر
8. الشريعة احكام
Prescribed
فرض
Recommended/
مندوب
Permissible
مباح
Disliked
مكروه
Forbidden
محرم
Major Sins
الذنوب كبائر
Other terms:
-Obligatory واجب
-Mandatory محتم
- Required الزم
Performance:
rewarded
Non-Performance:
punished
Other terms:
- Sunnah ةّنس
- Preferable مستحب
- Meritorious فضيلة
- Desirable مرغوب
P: rewarded
NP: not punished
Other terms:
- Allowed
P: not rewarded
NP: not punished
Other terms:
- Offensive
- Detested
P: not punished
NP: rewarded
Other terms:
- Unlawful
- Prohibited
P: punished
NP: rewarded
P: major/severe
punished
NP: rewarded
9. اإلسالمي الفقه تطور احلرم
The 7 Historical era of Islamic Jurisprudence
النشأةFoundation Prophetic ( عليه هللا صلىوسلم ) era
التأسيسEstablishment Righteous Caliphs era
البناءBuilding till beginning of 2nd Century
االزدهارFlowering till the mid of 4th Century
التمكينConsolidation till the mid of 7th Century
الركودStagnation till the 14th Century
المؤسسيةInstitutions Our era
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 (صلى الله عليه و سلم). 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.
العلم بالأحكام الشرعية العملية مستمداً من أدلتها التفصيلية
prescribed, recommended, permissible, disliked and unlawful
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 (فرض عين), which is required from every individual Muslim (e.g. salah and zakah);
and communally obligatory (فرض كفاية), 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.