Fiqh (Islamic Jurisprudence)

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Islamic jurisprudence, or Fiqh (فقه‎), is the activity Islamic jurists engage in as they elaborate the Shari'ah, or "God's law", based directly on the Qur'an and Muhammad's Sunnah or "way", as compiled in the hadiths. Fiqh can be described as "the human understanding of the divine laws of God as revealed to Muhammad".

Fiqh comprises both its methodologies (as detailed by the four Sunni madhabs, or two/three Shi'ite madhabs) and its products, which are the rulings, or 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 (fatwas) existed during Muhammad's lifetime. Both of these would be introduced almost a hundred years later, both making their first significant appearance during the life of the Imams Abu Hanifa (d. 767), Malik (d. 795), Shafi'i (d. 820), and Ibn Hanbal (d. 855).[1]

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  1. Muhammad Hashim Kamali, Principles of Islamic Jurisprudence, 1989