Usul fiqh

Sharifah Alawiah bte Syed Esa

Define the following term with relevant examples
Shariah and Fiqh
Shariah
Shariah contains all the different commandments of Allah to the mankind. The
commandments can be divided into three fields. Firstly, al-Ahkam Al-Itiqadiyyah (sanctions
relating to belief) such as the belief in Allah and the day of judgment. Secondly, al-ahkam al
akhlaqiyyah (sanctions related to moral and ethics) such as the injunctions to tell the truth and
to be sincere. The last category is al ahkam al amaliyyah (sanctions relating to the sayings and
doings of the individuals and his relations with others) which is also known as Fiqh. In general,
Shariah is the law while Fiqh is a knowledge of that law.

Fiqh
Fiqh is derived from the word fa qa ha which literally means comprehension or true
understanding. The majority of Islamic authorities defined fiq as a science of Islamic law which
is a knowledge of ones right and obligations derived from the Quran and Sunnah of the prophet
or the consensus of opinions among the learned (ijma) or analogical reasoning (qiyas). Fiqh is
flexible. There are two kinds of fiqh rulings according to the changeable and fixed rulings. Firstly,
the rulings that are deduced from the evidence from Quran and Sunnah. This kind of rulings
cannot be changed according to time and place or even circumstances. For example, all rulings
related to prayer, fasting, punishment for adulterers and distribution of inheritance. However, the
implementation for such rulings can be deferred if the situation does not permit from them to be
implemented or the implementation of such rulings may result in defying the objectives of the
Shariah. An example of such deferment can be seen during the time of Caliph Umar khatab
when he suspended the implementation of the punishment for theft as a result of the drought
season in al-Madinah whereby this situation has led some people to steal food in order to
survive.
Secondly, in terms rulings that are deduced by scholars from their understanding and
interpretations of the text of Al quran or sunnah and from other various sources of Islamic Law
such as juristic preference (al istihsan), consideration of public interest (masalih al mursalah),
presumption of continuity (al istihab) and custom (urf). This kind of ruling depends on the ability
of the jurists to utilise the power of reasoning in deciding a certain Fiqh issues particularly in
cases concerning muamallah as they are flexible and can be changed according to time, places
and circumstances.