The DEEN in BYTES Series | FIQH101 Evolution Of Fiqh - part 1:

Preamble

There is a pressing need to educate oneself with the historical factors behind the formulation of Islamic Law (Fiqh) in order that one may better understand how and why the various Madzhabs came about. This understanding will provide a basis for overcoming petty differences and divisions one sees so common nowadays.

These had led to some Muslims choosing to reject all the Madzhabs and their rulings, claiming that they will be guided only by the Qur’an and Sunnah, while others take the opposite extreme, that despite the contradictions, these Madzhabs are divinely ordained and therefore one must choose only one of them and follow it without question. Both of these outcomes are undesirable perpetuating the sectarianism that split the Muslims in the past and continues to do so today. Both of the outcomes are serious threats to solidarity and purity of the Deen.

The rulings of earlier scholars of note (muktabar), which forms the basis of Fiqh are important links and guidelines which cannot wisely be ignored in our study and continued application of Allah’s laws. Our knowledge and correct application of these laws depend upon a sound knowledge of the evolution of Fiqh over the ages.

Introduction

For proper understanding, the terms FIQH and SYARI’AH need to be defined. 

FIQH has been translated as ‘Islamic Law’ and also has SYARI’AH – but these two terms are not synonymous either in Arabic, or to Muslim Scholars.

FIQH literally means – ‘true understanding of what is intended’. Example;

“To whomsoever Allah wishes good, He gives the Fiqh (true understanding) of the Religion.” (Bukhari 346, Muslim 4720)

Technically, FIQH refers to: ‘the science of deducing Islamic Laws from evidence found in the sources of Islamic Law – by extension, it also means the body of Islamic Laws so deduced.’

SYARI’AH literally means the ‘watering hole’ where animals gather to drink, or the ‘straight path’ as per Quranic verse;

ثُمَّ جَعَلْنَاكَ عَلَىٰ شَرِيعَةٍ مِّنَ الْأَمْرِ فَاتَّبِعْهَا وَلَا تَتَّبِعْ أَهْوَاءَ الَّذِينَ لَا يَعْلَمُونَ

“Then We put you on a straight path in your affairs, so follow it  and do not follow the desires of those who have no knowledge” (Al-Jaatsiyah 45:18)

Technically, SYARI’AH refers to: ‘the sum total of Islamic Laws which were revealed to Rasulullah (saw), and which are recorded in Al-Quran as well as deducible from the Sunnah.

The Distinction

Three differences;

1.             SYARI’AH is the body of revealed laws found both in the Quran and Sunnah, while FIQH is a body of laws deduced from SYARI’AH to cover specific situations not directly treated in Shari’ah Laws.
2.       SYARI’AH is fixed and unchangeable, whereas FIQH changes according to circumstances under which it is applied.
3.       The Laws of SYARI’AH are for the most part, general – the basic principles. In contrast, Laws of FIQH tend to be more specific – demonstrates how the basic principles of SYARI’AH should be applied in given circumstances.

(Note: In this series, the term ‘Islamic Law’ will mean Laws of Syari’ah and Laws of Fiqh combined. The terms FIQH or Laws of FIQH and SYARI’AH or Laws of Syari’ah will be used where distinction is necessary).

(to be continued – main ref: Bilal Philips, The Evolution of Fiqh, 2006)