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The Islamic Personality4 min readViewed 3 times

14.1 Fiqh (jurisprudence)


Fiqh linguistically means understanding as in His  saying

“We do not comprehend (la nafqahu) much of what you say” [TMQ Hūd: 91]

That is, we do not understand. According to the definition of the legists, fiqh is designated as the knowledge of a body of subsidiary (furu’iyya) Sharī’ah rules acquired through study and eduction (istidlal). Knowledge of the Sharī’ah rules (ahkām shar’iah) began the day these Sharī’ah rules came to exist and that was after the migration (hijra) from Makkah to Madina. This is because the Messenger of Allah  was sent and he stayed in Makkah for thirteen years then he resided in Madina for about ten years and the Qur’ān used to be revealed throughout this period, though the verses of ahkām were revealed in Madina. In this period the Qur’ān used to be revealed and the Messenger  would talk about the ahkām relating to whatever they included in terms of events and relating to the solution for whatever problems that arose.

The portion that was revealed in Makkah approximates to about two thirds of the Qur’ān and they are designated as the Makkan verses (makkiyy). In their totality they barely deal with a single hukm, rather they are confined to explaining the fundamentals of the deen and calling people to them, such as the belief in Allah  and His Messenger , the Day of Judgement, the command to perform Salah, characterisation by moral attributes such as honesty, trust, and forbidding evil actions such as fornication, murder, burying girls alive, deficiency in the measure and scales etc. The second portion that was revealed in Madina is close to a third of the Qur’ān and they are designated as the Madinan verses (madaniyy). They are verses of mu’amalat (transactions) such as selling, renting and usury and from the hudud, such as the hadd of zina (fornication) and stealing, from the jinayat (capital punishments) such as killing the one who killed someone intentionally or punishment of highway robbers and from the bayyinat (testimonial evidences) such as the testimony of zina and the rest of the testimonies, as well the remaining rules concerning the worships (‘ibadat) such as fasting, zakah, hajj and jihad were revealed. From this it becomes clear that even though rules of prayer were revealed in Makkah they do not form a body of rules but knowledge of a type of rule. As for what was revealed in Madina, they consisted of all the ahkām, which is why knowledge of such rules is considered fiqh. Therefore, it is more accurate for us to say that fiqh began in Madina and since fiqh constitutes practical rules, they have been revealed to treat incidents that have taken place. The verses of ahkām more often than not were in connection to the events that had taken place, so the disputants would refer judgement to the Messenger of Allah  and he  would judge between them according to the rules that Allah  had revealed to him  or on the occasion of problems requiring solutions an ayah or ayaats stating the hukm would be revealed. This is what it means for the Qur’ān to be revealed gradually (munajjaman). Therefore, the legislative aspect used to be quite evident in the revelation of the Qur’ān. The ayaats did not treat assumptions that may happen; rather, they treated issues that actually took place and problems that actually take place between people. The Qur’ān continued to be revealed until the year in which the Messenger of Allah  left for the Sublime Companion (al-rafiq al-a’la). Allah  perfected and completed the deen and He  revealed to him  the last ayah which is His  saying in Sura al-Baqara:

“O you who believe! Be afraid of Allah and give up what remains (due to you) from riba (usury)” [TMQ Baqarah: 278

With it the ahkām were completed in their capacity as ahkām. The Qur’ān and the actions, sayings and consent of the Messenger  contain the rulings for all the types of actions that ensue from human beings; from the worships (‘ibadat) like prayer (salah) and zakat, from the morals such as honesty and trust, from the societal transactions (mu’amalat) such as murder and theft, from the testimonial evidences (bayyinat) such as the rules of testimonies and the rules of written documents and from the political affairs relating to the domestic policy such as the rules of the Khalifah and the rules of the judiciary, or relating to the foreign policy such as the rules of combatants and treaties. Due to the presence of the Sharī’ah rules jurispudence (fiqh) came into existence because fiqh is the knowledge of a body of Sharī’ah rules.

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Chapters (185)
  1. 1Transliteration Guide
  2. 21. Personality
  3. 31.1 The Islamic Personality
  4. 41.2 The Formation Of Personality
  5. 51.3 Gaps In Conduct
  6. 62. The Islamic Aqidah
  7. 72.1 The Meaning Of Imān In The Day Of Resurrection
  8. 82.2 The Emergence Of The Mutakallimīn And Their Approach
  9. 92.3 The Error In The Methodology Of The Mutakallimīn
  10. 102.4 How The Issue Of Al-qadaa’ Wa‘l- Qadar Emerged
  11. 112.5 Al-qadr
  12. 122.6 Al-qadā’
  13. 132.7 Al-qadā’ Wa‘l-qadar
  14. 142.8 Guidance And Misguidance
  15. 152.9 The Termination Of The Life-span [ajāl ] Is The Sole Cause Of Death
  16. 162.10 Provision [rizq] Is In The Hands Of Allah Alone
  17. 172.11 The Attributes [sifāt] Of Allah
  18. 182.12 The Muslim Philosophers
  19. 192.13 The Prophets And Messengers
  20. 202.14 The Infallibility Of The Prophets
  21. 212.15 The Revelation
  22. 222.16 It Is Not Allowed On The Part Of The Messenger Pbuh That He Be A Mujtahid
  23. 233. The Noble Qur'ān
  24. 243.1 The Compilation Of The Qur’ān
  25. 253.2 The Qur’ānic Script
  26. 263.3 The Miracle Of The Qur’ān
  27. 274. The Sunnah
  28. 284.1 The Sunnah Is A Sharī’ah Evidence Like The Qur’ān
  29. 294.2 Inferring Evidences From The Sunnah
  30. 304.3 The Solitary Report (khabar Al-ahad) Is Not A Decisive Proof (hujjah) For Beliefs
  31. 314.4 The Difference Between The ‘aqīdah And The Sharī’ah Rule (hukm Shar’i)
  32. 325. Ijtihād And Taqlīd
  33. 335.1 Expert Research (ijtihād)
  34. 345.2 The Conditions Of Ijtihād
  35. 355.2 Taqlīd
  36. 365.3 The Reality Of Taqlīd
  37. 375.4 The States Of Muqallidin And Their Preponderant Qualifications
  38. 385.5 Migrating From One Mujtahid To Another
  39. 396. Learning The Sharī’ah Rule
  40. 407. The Strength Of The Evidence (quwwa Al-dalīl)
  41. 418. Consultation (shūrā) Or The Adoption Of An Opinion In Islam
  42. 429. Science And Culture
  43. 439.1 The Islamic Culture
  44. 449.2 The Method Of Study In Islam
  45. 459.3 Acquisition Of Culture (thaqafa) And Sciences
  46. 469.4 The Cultural Movement
  47. 479.5 The Position Of Muslims With Regards To Non- Muslim Cultures
  48. 4810. The Islamic Disciplines
  49. 4910.1 Tafsīr (qur’ānic Exegesis)
  50. 5010.2 The Exegetical Approaches Of Mufassirun
  51. 5111. Sources Of Tafsīr
  52. 5211.1 The Ummah's Need Today For Mufassirin
  53. 5312. The Science Of Ḥadīth (‘ilm Al-ḥadīth)
  54. 5412.1 The Hadīth
  55. 5512.2 The Transmitters Of Hadīth (ruwat Al Hadith)
  56. 5612.3 The One Whose Narration Is Accepted And The One Whose Narration Is Not Accepted And The Exposition Of (the Science Of) Invalidation And Attestation Of Reliability (al-jarh Wa Ta'dīl)
  57. 5712.4 Narrations Of The Muslim Sects
  58. 5812.5 Arration By Meaning (riwaya Bil Ma’na) And Abridgement Of The Hadīth
  59. 5912.6 Categories Of Hadīth
  60. 6012.7 Categories Of The Khabar Al-ahād
  61. 6112.8 The Accepted Hadīth (maqbul) And The Rejected Hadīth (mardud)
  62. 6212.9 The Mursal Hadīth
  63. 6312.10 The Ḥadīth Qudsi
  64. 6412.11 The Inability To Prove The Authenticity Of A Hadīth From Its Sanad Does Not Indicate That It Is A Weak Hadīth
  65. 6512.12 Consideration Of The Hadīth As An Evidence In The Sharī’ah Rules
  66. 6613. Prophetic Biography (sīrah) And History
  67. 6714. The Principles Of Islamic Jurisprudence (usūl Al-fiqh)
  68. 6814.1 Fiqh (jurisprudence)
  69. 6914.2 The Development Of Fiqh
  70. 7014.3 The Effect Of Disputes And Debates (munazarat) On Islamic Jurisprudence
  71. 7114.4 The Flourishing Of Islamic Jurisprudence
  72. 7214.5 The Decline Of Islamic Jurisprudence
  73. 7314.6 The Myth Of The Influence Of Roman Law On Islamic Jurisprudence
  74. 7415. Studying Fiqh
  75. 7516. Examples (namadhij) Of Fiqh
  76. 7617. The Khilafah
  77. 7717.1 The Time Limit Given For Muslims To Appoint A Khalifah
  78. 7817.2 Contracting (in’iqad) The Khilafah
  79. 7917.3 The Pledge (bay’ah)
  80. 8017.4 The Conditions Of Eligibility For The Khalifah
  81. 8117.5 Seeking The Khilafah Post
  82. 8217.6 The Unity Of The Khilafah
  83. 8317.7 Succession (istikhlaf) Or Reign (‘ahd)
  84. 8417.8 The Method To Appoint The Khalifah
  85. 8517.9 The Shar'a Did Not Designate A Specific Person For The Khilafah
  86. 8617.10 General Responsibilities/duties
  87. 8718 The Islamic State Is A Human State And Not A Theocratic State.
  88. 8818.1 Deposing Or Removal Of The Khalifah
  89. 8919. The Leadership (al-imarah)
  90. 9019.1 Obedience (at-ta’ah)
  91. 9119.2 The Khalifah's Adoption Of Rules And Styles I.e. Adopting Canons
  92. 9220. Jihad
  93. 9320.1 The Khalifah And Jihad
  94. 9420.2 The Meaning Of The Khalifah Supervising The Army's Leadership
  95. 9520.3 The Martyr
  96. 9620.4 Guarding The Frontiers (ar-ribat)
  97. 9720.5 The Islamic Army
  98. 9820.6 Seeking The Assistance Of Disbelievers In Fighting
  99. 9920.7 Preparing The Islamic Army
  100. 10020.8 Flags And Banners
  101. 10120.9 Captives
  102. 10221. The War Policy
  103. 10321.1 Lying In War
  104. 10421.2 Spying
  105. 10521.3 Truce (hudna)
  106. 10621.4 Military Alliances
  107. 10721.5 Permissible Treaties
  108. 10821.6 Emergency Treaties
  109. 10921.7 Annulling Treaties
  110. 11021.8the Belligerent Disbeliever (kafir Harbi)
  111. 11121.9 The Protected Person (al-m'ustamin)
  112. 11221.10 The Rules Of The Dhimmi
  113. 11322. Implementing Islam Is Obligatory Upon The Disbelievers
  114. 11423. The Jizyah
  115. 11524. The Lands Of Ushr, Kharaj And Sulh (truce)
  116. 11625. Dar Al-kufr And Dar Al-islam
  117. 11726. The Believer's Befriending The Disbelievers
  118. 11826.1 The Emigration (hijrah) From Dar Al-kufr To Dar Al-islam
  119. 11927. The Position Of Islam On Slaves And Slavery
  120. 12027.1 Treating Slaves
  121. 12127.2 Treating Slavery
  122. 12228. Relationships Between Individuals
  123. 12329. Trade (bai’)
  124. 12429.1 Everything Forbidden For Man, Trading It Is Also Forbidden
  125. 12529.2 It Is Not Allowed To Sell What You Do Not Have
  126. 12629.3 The Selling Of Advance Credit (as-salam)
  127. 12729.4 Buying Fruits While They Are Still On The Tree
  128. 12829.5 Sale On Credit And Instalments (taqseet)
  129. 12929.6 Brokerage (samsara)
  130. 13030. Hiring
  131. 13130.1 The Employee
  132. 13230.2 The Wage
  133. 13330.3 Estimating The Wage
  134. 13430.4 The Amount Of The Wage
  135. 13530.5 Paying The Wage
  136. 13630.6 Types Of Employees
  137. 13730.7 There Is No Labour Problem In Islam
  138. 13830.7 Hiring Assets
  139. 13930.8 Renting Houses For Residence
  140. 14031. All Bribery Is Forbidden
  141. 14132. Mortgage/ Pledging Security
  142. 14232.1 The Pledgee Benefiting From The Pledge
  143. 14333. The Bankrupt
  144. 14434. Transfer Of A Right (al-hawala)
  145. 14535. Drawing & Painting
  146. 14636. Usul Al-fiqh
  147. 14736.1 Al-hākim
  148. 14836.2 There is no hukm Prior to the coming of the revelation
  149. 14936.3 The legally responsible with respect to the shari’ah rulings
  150. 15037. The conditions of legal responsibility [shurūt al-taklīf]
  151. 15137.1 The legal ruling [al-hukm al-shar’i]
  152. 15237.2 The address of legal responsibility [khitab al-taklīf]
  153. 15337.3 The obligatory [al-wajib]
  154. 15437.4 That which is required to fulfill a wājib is itself wājib
  155. 15537.5 The prohibition [al-harām]
  156. 15637.6 The permissible [al-mubāh]
  157. 15737.7 The declaratory address [khitāb al-wad’]
  158. 15938. The Cause ( Al Sabab)
  159. 16039. The Condition ( Al Shart)
  160. 16140. The Prohibitive ( Al Manay)
  161. 16241. The Validity, The Invalidity, And The Corruption ( Al Sihhah, Wal Butlan, Wal Fasaad)
  162. 16342. The Determination And The Consession ( Al Azeema War Rukhsah)
  163. 16443. The Shari'ah Evidences ( Al Adilla-tul- Shariyah )
  164. 16544. The Shariah Evidences Must Be Decisives ( Al Adillah- Tu-shariah Yajebo An Takoona Qateyyah)
  165. 166What Is Considered As A Proof (hujjah) Of The Qur’aan
  166. 167Al-muhkam Wa Al-mutashabih The Precise And The Imprecise
  167. 168The Second Daleel Al–sunnah
  168. 16948. The Status Of The Sunnah In Relation To The Qur'aan
  169. 17049. Divisions Of The Sunnah (aqsaam Al Sunnah)
  170. 17150. The Mutawaatir
  171. 17251. The Number By Which The Certainty Occurs
  172. 17352. The Famous Hadeeth (al Mashhour)
  173. 17453. The Individuals Report (khabar Al Aahaad)
  174. 17554. The Narrators Of The Hadeeth (ruwaat Al Hadeeth)
  175. 17655. Types Of The Individuals Report
  176. 17756. Conditions For Accepting The Individuals Report
  177. 17857. The Actions Of The Messenger
  178. 17958. The Ways By Which The Direction (quality) Of The Action Of The Messenger Can Be Known
  179. 18059. The Silence Of The Prophet (saw)
  180. 18160. The Conflict Between The Actions Of The Messenger (saw)
  181. 18261. The Conflict Between The Action Of The Messenger (saw) And His Saying
  182. 18362. The Conflict Between The Sayings Of The Messenger (saw)
  183. 18463. The Inference (al Istidlaal) From The Kitaab And The Sunnah
  184. 18564. The Language Discussions
  185. 18665. The Way To Know The Arabic Language