Monthly Archives: October 2018

Explain the schools of Mohammedan Shia sect ?

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Differences Between Fiqh And Shariah?

Differences Between Fiqh And Shariah?

Fiqh and Shariah are related and they are both aspects of Islamic Law. However, there are significant differences.
1. Shariah is broad and general. Fiqh focuses on narrow and specific issues.
2. Souce of Shariah is Quran and SUnnah. Source of Fiqh is Shariah.
3. Shariah cannot be changed. But Fiqh can change.
EXPLANATION: the Shariah comes strictly from the Quran and Sunnah. That is, it comes from Allah and His Messenger Therefore, the Shariah does not change But Fiqh can change based on new information
There should be no waivering when it comes to the Shariah. It is from Allah. Most Muslims utilize some aspect of the Shariah everyday, either consciously or unconsciously.

What Is Shariah ?

What Is Shariah ?

1. Shariah is a complete code of Islamic law which belongs to the rights and duties of muslim. It regulates the life of the people.
2. It is not a list of rules but rather a set of principles on aspects of life, including marriage, divorce, finance and rituals such as fasting and prayer.
3. The word “Sharia” literally means “clear path to be followed”
4. Islamic scholars interpret Shariah in different ways, and Muslims around the world vary in their practice of it.
5. The Islamic Shariah derived from 4 sources:
• Quran.
• Sunnah
• Ijma
• Qyas
As you can see, the Shariah comes strictly from the Quran and Sunnah. That is, it comes from Allah and His Messenger Therefore, the Shariah does not change. Whatever Allah and and His Messenger have made permissible according to the Shariah will always be permissible. And whatever they have made forbidden will always be forbidden.
Allah has made polygamy and acceptable form of marriage in Islam. So it will always be permissible and no one can change that. For anyone to say we must forbid polygamy because it is outdated and abuses women is wrong. And any Muslim who espouses this view is being sinful.
Conversely, Allah has made Riba (interest) forbidden. So it will always be forbidden and no one can change that. For anyone to make it permissible because it is accepted in modern finance is wrong. And any Muslim who espouses this view is being sinful.

The purpose of the Shariah is to protect five important aspects of Islamic society:

  • To protect the religion – Examples are the punishment for Ridda (leaving Islam) and the prohibition on Muslim woman marrying non-Muslim men.
  • To protect individual dignity – Examples are the establishment of Zakah (charity) and the prohibition of Riba (interest and usury).
  • To protect life – Examples are the punishment for murder, the establishment of Qisas (retribution for murder), and prohibition of suicide.
  • To protect the family – Examples are rules of marriage, prohibition of fornication and homosexuality, and the punishment for adultery and extra-marital sex.
  • To protect property – Examples are the punishment for theft, and the rules of Islamic business.

What is fiqh (Islamic Jurisprudence) ?

What is fiqh  (Islamic Jurisprudence) ?

1. The word fiqh is an Arabic term meaning “true/deep understanding” or “full comprehension”.The word faqih means a person of knowledge and understanding.
2. But in Islamic terms fiqh is described as the human attempt to understand divine law (shariah). as revealed in the Quran and the Sunnah and implemented by the rulings (fatwa) of jurists.
3. Thus Fiqh is making rulings and judgements from evidence found in the Shariah, that is, the Quran and Sunnah, and from consensus of Islamic scholars.
4. Fiqh expands and developes Shariah through interpretation (ijtihad) of the Quran and Sunnah by Islamic jurists (ulama) and is implemented by the rulings (fatwa) of jurists on questions presented to them. Thus, whereas sharia is considered immutable and infallible by Muslims, fiqh is considered fallible and changeable
5. But Fiqh does not override Shariah. Fiqh is used to create laws for matters not specifically addressed by the Shariah.
6. Fiqh is a Islamic jurisprudence; i.e., the science of ascertaining the precise terms of the Shariah, or Islamic law. The collective sources of Muslim jurisprudence are known as uṣūl al-fiqh.
7. Fiqh deals with the observance of rituals, morals and social legislation in Islam. Fiqh is a section of Islamic law which deals with acts of Muslim, that includes both worship and daily life actions. Islamic jurisprudence or fiqh illustrates Islamic Law for Acts of Worship such as Prayer, Zakat, Fasting, Hajj, and Purification.
8. Conclusion: Fiqh is a huge collection of juristic opinions that were given by various jurist from multiple schools of thought, in regards to the application of Shariah to their real-life situations.
9. The historian Ibn Khaldun describes fiqh as “knowledge of the rules of God which concern the actions of persons who own themselves connected to obey the law respecting what is required (wajib), sinful (haraam), recommended (mandūb), disapproved (makrūh) or neutral (mubah)”.This definition is consistent amongst the jurists.
10. In Modern Standard Arabic, fiqh has come to mean jurisprudence in general, be it Islamic or secular.
11. In the modern era, there are four prominent schools (madhhab) of fiqh within Sunni practice, plus two (or three) within Shia practice. A person trained in fiqh is known as a faqīh (plural fuqaha).

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