Islamic Fiqh and Resources, and Shariah Ahkam

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Lecture 3 and 4

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2 Islamic Fiqh and Resources

 Fiqh means to seek to understand. It is the source of a range of laws in different topics that
govern the lives of the Muslims in all facets of everyday life. Fiqh is the body of laws and
prescriptions resulting from the understanding of Quran and Sunnah. Strictly speaking, it is the
human understanding of the way marked out by God for humans to live.
 Fiqh is often translated as “jurisprudence”.
 Thus, Fiqh is a huge collection of juridical opinions that were given by various jurist from
multiple schools of thought (Eg. Hanafi, Maliki, Shafi'i, Hanbali) in regards to the application of
Shar’iah to their real-life situations after the death of the prophet (p.b.u.h).
 Then what is the difference between Fiqh and Sharia?
 Simply,
 Sharī‘a is the general principles and fiqh is the details
 Sharī‘a is what is in the Qur’an and the Sunna and fiqh is what is derived from these.

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3 Difference between Fiqh and Sharia:

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4 Sources of Islamic Jurisprudence:

Fiqh is an expansion of Shariah or Islamic law based on five sources which are
classified into primary and secondary:
Primary sources:
 The Quran
 Sunnah
Secondary sources:
 Ijma(Consensus of opinion)
 Qiyas
 Ijtihad

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5 The Quran

Introduction:
The primary source of Islamic law is Holy Quran. The Quran contains a set of moral and judicial
injunctions which are the basis of Islamic law and concern life of human beings in every detail.
The Quran as a source Law
The early revelations revealed in Makkah deal largely with beliefs and morals. It was later, after the
Prophet’s (PBUH) migration to Madinah when Muslims lived in an organized society that the
principles regarding crime, succession and international law were revealed. The basic law in Quran
is mainly contained in a simple sentence on which whole structure of law can be built.
Example: Give full measure when you measure and weigh with a balance that is straight.
(17:35)
Importance of Quran as source of law:
The Quranic law is everlasting , perpetual, and universal.

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6 Sunnah and Hadith
Introduction:
Sunnah is the actual embodiment of the will of Allah shown in the actions of His
Messenger(PBUH). Hadith means all sayings, deeds ,his silent approval of behavior of his
companions and description of his personality.
Sunnah and Hadith as Source of Law
The Holy Quran being the word of Allah treats, major issues and often deals with subjects in
brief terms, leaving details to be explained by Holy Prophet. In the words of Quran,
“And We revealed on you our Dikr (Quran) to explain it before people that which is sent down
to them (16:44)”.
Example:
In the Quran we are commanded to pay zakat by all Muslims. But the percentage and exact
amount is unspecified. All these details were learnt by the Prophet’s deeds or words. The
clarification of the Quran was provided by the Holy Prophet(PBUH) who himself participated
in Shariah formation.
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7 History of Compilation of Hadith

During:
1. Holy Prophet’s(PBUH) life time:
As Prophet(s.a.w) was alive muslims (with an exception of some companions) didn’t
felt the need to write down Hadith and muslims directly approached Prophet(s.a.w) to
solve their matters.
2. The time of Companions (11 – 1100 A.H)
Islam was widely spread and new converts wanted to hear about Prophet(s.a.w) from
close companions who had now spread wide and far in all parts of empire.
Cailph Umar bin Abdul Aziz wrote to governor of Madina to write down all traditions
of Holy Prophet(s.a.w).

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3. During the times of followers of Companions (101 – 200 A.H)

Hanafi and Maliki schools of legal thought were formulated during this period in the light of Hadith.
4. During the time of followers of followers (201 -300 A.H)
Six most authentic books of traditions were compiled:
1. Sahih Bukhari compiled by, Imam Muhammad ibn Ismail-al Bukhari (194—256) A.H.
2. Sahih Muslim compiled by, Imam Muslim ibn Hajjaj (202— 261) A.H.
3. Al Jami compiled by , Al-Tirmizi (210—279 A.H.).
4. Kitab al Sunnah compiled by, Al-Nasai (215—303 A.H.).
5. Al Sunan compiled by, Abu Dawud (205—275 A.H.).
6. Sunan ibn Majjah, compiled by, Ibn Majah.

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9 Precautions taken in the compilation of Hadiths

1. Sanad (Chain of Narrators)

 Must be un-interrupt
• Must not be broken
• Must go back to Holy Prophet(s.a.w)
• Narrators should have actually met each other
• Narrators must not be liars
• Narrators should have sharp memory
• Narrators must be pious and possess good character

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2. Matan (Text)
 Must be in a pure arabic style
 • Must not be in contradiction to historical facts and common sense
 • Must not be against Islam , Quran or any other authentic hadith
 • Must not abuse the family of Holy Prophet(s.a.w)

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11 Kinds of Hadith

 There are three basic kinds of Hadith:

1. Qawli Hadith: What prophet of said and spoke
2. Fi’ali Hadith: The action of prophet what he performed and demonstrated.
3. Taqriri Hadith: Which comes from Prophet (PBUH) silence regarding any action.

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12 Importance of Hadith

 Primary source of Islamic law after Quran

 Used together with Quran in derivation of Islamic law
 Explains matters in which Quran remained silent or a detailed description was not
given
e.g. Performance of salah , Rate of Zakat

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13 Ijma (Consensus of Opinions)
Introduction:
Ijma means agreeing upon or uniting in opinion. It means the consensus of Islamic
community on some point of law. It can operate only where Quran and Hadith have not
clarified a certain aspect of law.
Ijma as a Source of Law
The Holy Prophet(PBUH) said,
“Whatever the Muslims hold to be good before Allah. It is incumbent upon you to follow
the most numerous body. Whoever separates himself from the main body will go to hell.
If you yourselves do not know then question those who do.”
Types of Ijma:
1) Ijma or consensus of the companions of the Holy Prophet(PBUH) which is also
universally accepted and binding.
2) Ijma of jurists.
3. Ijma of the people, the general body of the Muslim community..

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14 Qiyas (Analogy)

Introduction:
Qiyas or analogical deduction is the fourth source of Shariah for Sunni jurisprudence.
Qiyas is the process of legal deduction according which the jurists , confronted with
an unprecedented case , bases his or her argument on logic used in Quran and
Sunnah. Qiyas must not be based on arbitrary judgment, but rather be firmly rooted in
primary sources.
Qiyas as a Source of Law
The general principle behind the process of Qiyas is based on understanding that
every legal injunction guarantees a beneficial and welfare objective. Thus if the cause
of an injunction can be deduced from the primary sources, than analogical deduction
can be applied to cases with similar causes.

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 Example: Wine is prohibited in Islam because of its intoxicating effects.

Therefore , qiyas leads to the conclusion that all intoxicants are forbidden.

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