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[[Islam|Islamic]] jurisprudence, or '''Fiqh''' (فقه), is the activity [[Madh'hab|Islamic jurists]] engage in as they elaborate the [[Shari'ah]], or "[[Islamic Law|God's | [[Islam|Islamic]] jurisprudence, or '''Fiqh''' (فقه), is the activity [[Madh'hab|Islamic jurists]] engage in as they elaborate the [[Shari'ah (Islamic Law)|Shari'ah]], or "[[Islamic Law|Islamic law]]"/"God's Law", based directly on the [[Qur'an]] and [[Muhammad|Muhammad's]] [[Sunnah]] or "way", as compiled in the [[hadith]]. Fiqh can be described as "the human understanding of the divine laws of God as [[Revelation|revealed]] to Muhammad". | ||
Fiqh comprises both its methodologies (as detailed by the four [[Sunni]] [[Madhab|madhabs]], or two/three [[Shi'ite]] madhabs) and its products, which are the rulings, or [[Fatwa|fatwas]], arrived at by jurists. Broadly speaking, all jurisprudence methods and rulings must not introduce anything new to or remove anything from the Islamic scriptures, as this is considered religious innovation, or [[bid'ah]], and is categorically prohibited. | Fiqh comprises both its methodologies (as detailed by the four [[Sunni]] [[Madhab|madhabs]], or two/three [[Shi'ism|Shi'ite]] madhabs) and its products, which are the rulings, or [[Fatwa|fatwas]], arrived at by jurists. Broadly speaking, all jurisprudence methods and rulings must not introduce anything new to or remove anything from the Islamic scriptures, as this is considered religious innovation, or [[bid'ah]], and is categorically prohibited. | ||
While the prohibition on bid'ah stifles meaningful and substantive reform (that could, for instance, overturn the laws implemented by Muhammad in 7th century Arabia), neither the interpretive methodologies/schools (madhabs) nor systematic rulings existed during Muhammad's lifetime. Both of these would only begin to be introduced nearly a hundred years later, both making their first appearance during the life of the Sunni Imams Abu Hanifa (d. 767), Malik (d. 795), Shafi'i (d. 820), and Ibn Hanbal (d. 855), and develop into more formal schools thereafter<ref>Muhammad Hashim Kamali, ''Principles of Islamic Jurisprudence'', 1989</ref> | While the prohibition on bid'ah stifles meaningful and substantive reform (that could, for instance, overturn the laws implemented by Muhammad in 7th century Arabia), neither the interpretive methodologies/schools (madhabs) nor systematic rulings existed during Muhammad's lifetime. Both of these would only begin to be introduced nearly a hundred years later, both making their first appearance during the life of the Sunni Imams Abu Hanifa (d. 767), Malik (d. 795), Shafi'i (d. 820), and Ibn Hanbal (d. 855), and develop into more formal schools thereafter<ref>Muhammad Hashim Kamali, ''Principles of Islamic Jurisprudence'', 1989</ref> | ||
==Key terms== | ==Key terms== | ||
''Ijtihad'' - novel jurisprudential enterprise the consists of creating new rulings in Islam law or altering the methodology through which those rulings are arrived at. | ''[[Ijtihad]]'' - novel jurisprudential enterprise the consists of creating new rulings in Islam law or altering the methodology through which those rulings are arrived at. | ||
''Mujtahid'' - a scholar of Islamic jurisprudence considered sufficiently competent in the field to be able to engage in ijtihad. | ''[[Mujtahid]]'' - a scholar of Islamic jurisprudence considered sufficiently competent in the field to be able to engage in ijtihad. | ||
== | ===Ahkam=== | ||
The development of Fiqh | There are, generally, "five rulings" (الأحكام الخمسة, or ''al-aḥkām al-khamsa'') that any action can be categorized under according to the theory of Fiqh: | ||
''[[Fard]]'' (or ''wajib'') - actions which are obligatory | |||
''Mustahab'' (or ''mandub)'' - actions which are preferred and advisable | |||
''Mubah'' - actions which are neutral in the eyes of God and which incur no judgement from him | |||
''Makruh'' - actions which are disliked and reprehensible, but are not considered sins (avoiding them, however, is supposed to earn one "good deeds") | |||
''Haram'' (or ''mahzur'') - actions which are forbidden absolutely and which incur sin | |||
==Traditional developmental chronology== | |||
The development of Fiqh is traditionally understood to consist of the following important phases<ref>El-Gamel, ''Islamic Finance'', 2006</ref>: | |||
#Muhammad's life time (571-632), during which rulings come directly from Muhammad and Allah | #Muhammad's life time (571-632), during which rulings come directly from Muhammad and Allah | ||
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==The Principles of Jurisprudence (''Usul al-Fiqh'')== | ==The Principles of Jurisprudence (''Usul al-Fiqh'')== | ||
The jurisprudential methodology (''Usul al-Fiqh'', lit. "the Principles of Jurisprudence") developed by the schools of Islamic law comprise of a hierarchy of various proofs, or ''adillah'' (sing. '' | |||
===Daleel=== | |||
{{Main|Daleel}}The jurisprudential methodology (''Usul al-Fiqh'', lit. "the Principles of Jurisprudence") developed by the schools of Islamic law comprise of [[Daleel|a hierarchy of various proofs, or ''adillah'' (sing. ''daleel'')]]. Though this hierarchy differs for every [[Madh'hab|school of Islamic law]], the all generally agree that the Qur'an, hadith, ''ijma'' (scholarly concensus), and some form of ''qiyas'' (analogy) are, in that order, among the first five daleels. | |||
==Downloads== | ==Downloads== | ||
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*[http://replay.waybackmachine.org/20020808145141/http://www.witness-pioneer.org/vil/Books/NHMK_RT/Default.htm Reliance of the Traveller: The Classic Manual of Islamic Sacred Law Umdat Al-Salik]'' - Online text of a book of Shafi'i Fiqh'' | *[http://replay.waybackmachine.org/20020808145141/http://www.witness-pioneer.org/vil/Books/NHMK_RT/Default.htm Reliance of the Traveller: The Classic Manual of Islamic Sacred Law Umdat Al-Salik]'' - Online text of a book of Shafi'i Fiqh'' | ||
*[http://bewley.virtualave.net/Risalatitl.html The Risala of 'Abdullah ibn Abi Zayd al-Qayrawani (310/922 - 386/996)] ''- A Treatise on Maliki Fiqh'' | *[http://bewley.virtualave.net/Risalatitl.html The Risala of 'Abdullah ibn Abi Zayd al-Qayrawani (310/922 - 386/996)] ''- A Treatise on Maliki Fiqh'' | ||
==References== | ==References== | ||
[[Category: | [[Category:Shariah (Islamic Law)]] | ||
<references /> | <references /> | ||
[[Category:Fiqh (legal theory)]] | |||
[[Category:Tafsir]] | |||
[[Category:Hadith]] | |||
[[Category:Qur'an]] | |||