Hardly few can synthesize the purpose of Fiqh better than Ibn al-Qayyim al-Jawziyya (d. 748H), one of the greatest scholars of Islam:
“The Islamic law is all
about wisdom and achieving people’s welfare in this life and the afterlife. It
is all about justice, mercy, wisdom, and good. Thus, any ruling that replaces
justice with injustice, mercy with its opposite, common good with mischief, or
wisdom with nonsense, is a ruling that does not belong to the Islamic law, even
if it is claimed to be so according to some interpretation.” Ibn al-Qayyim , I`lam al-Muwaqqi`in
Before we go deep into the technicalities of Fiqh, let’s take few examples of apparently complex rulings that we have in our Sharia:
1. If you couldn’t find any halal food and only had two options to sustain yourself: eating either a dead animal or pork meat, or stealing someone else’s food, which one should you chose?
2. When can you break your fast while you’re planning to travel to another city in the afternoon during Ramadan? Is it allowed to break your fast in the morning before beginning your journey?
3. If you are not sure how many rakaat you have prayed in a Duh’r prayer: three or four, then should you assume you completed three and continue to finish fourth rakah or assume you have completed four?
4. If you’re on a road trip from Boston to New York and you have taken a short break at a rest area ten miles from our house. Can you shorten (Qasr) your Duh’r prayer (to 2 rakaat) at that rest area stop even you haven’t reached your destination?
The answer to the first question is, dead animal’s or pork meat is recommended because preservation of life is the highest objective of Sharia and it’s explicitly mentioned that eating otherwise haram meat is halal when necessary (limit the portion enough to survive for the next 24 hours). Also, the preference of pork meat over stealing is recommended because harming others is to be reduced.
The answer to the second question is, you would have to be out skirt of your own town, city or village and only then you can break your fast. In short: until you reach the outskirts you have to keep fasting. Because there’s a clear Hadith from the Prophet (pbuh) and also your plan to travel may get interrupted for any unforeseen reasons this you can’t replace probability with certainty I.e. the Ramadan is certain and traveling is uncertain.
For the third question, you consider three rakaat are completed and continue to pray fourth because certainty can’t be displaced by doubt.
For the fourth question, yes you would shorten thr Duh’r prayer to 2 rakaat because there’s Hadith in Sahih Bukhara and Sahih Muslim that showed clear precedence from the Prophet (pbuh).
Hopefully this will give you enough appetite to read through the rest of the article. So, let’s get to the detail, InshaAllah.
Islamic jurisprudence revolves or comprises of these four fundamentals disciplines:
Sharia شریعة
What God has legislated
for humans to live their lives in the best way.
Fiqh فقھ
(Islamic Law)
Knowledge of the detailed
practical religious rulings derived from their fundamental sources.
Usul al-Fiqh اصول
الفقھ (Islamic Legal Theory)
Knowledge of the general
principles by which practical religious regulations are derived from their
detailed evidences.
Fatwa فتوى (Advisory Opinion)
A legal
ruling on a point of Islamic law (sharia) given by a qualified Faqih
(Islamic jurist) in response to a question posed by a private individual, judge
or government
Benefits of Studying Fiqh
Apart from the purpose mentioned above, Fiqh is the counter balance act against our inherent limitation that is mostly driven by our innate nature and biological desire. Allah has mentioned in the Quran why we, the humans, need a legal framework that sits outside the zone of our conflict of interest.
وَلَوِ اتَّبَعَ الْحَقُّ أَهْوَاءَهُمْ لَفَسَدَتِ السَّمَاوَاتُ وَالْأَرْضُ وَمَنْ فِيهِنَّ بَلْ أَتَيْنَاهُمْ بِذِكْرِهِمْ فَهُمْ عَنْ ذِكْرِهِمْ مُعْرِضُونَ
“If the truth were to follow their desires, the heavens and the earth and everyone within them would have been in chaos.” - Al-Mu'minun 71
The other benefits are:
- Strengthening faith, by seeing the perennial wisdom of God in the Sharia
- Ability to practice Islam with greater confidence
- Ability to see the bigger picture of Islam as a holistic system for the welfare of human beings, and hence to present Islam to others in a more intelligent way
- Developing the ability to think in terms of consequences and priorities
- Being able to intelligently discuss important contemporary issues such as human rights and medical ethics
Sources of Fiqh
As like anything else in Islam, the science of Fiqh has been derived from the word of Allah, the Quran and the life of Prophet, the Sunnah. The sequence of priority of the sources of Islamic Law are:
- Primary scriptural texts: Quran and Hadith
- Ijma (consensus): “No ijtihad in the face of a decisive texts”
- Qiyas (Inductive reasoning): “Certainty is not displaced by doubt”
Intents/objectives (i.e. Maqasid مقاصد) of Fiqh
- The study of the deeper intents and wisdom (securing benefit and
averting harm) that underpin sacred law
- The higher aims of the Sharia, in terms of securing the welfare of
humans
- The reasons and wisdom underlying Sharia regulations, generally and
specifically, for the realization of servitude to God and improving the
condition of humans in this life and the hereafter
The Maqasid has three levels and are critical to derive rulings.
Essentials الضروريات are those that are primarily for survival of life and
religion. These are those whose absence leads to death in this world or ruin
the hereafter. Examples: Five pillars of Islam, eating to stay alive, buying
& selling necessities, marriage, etc.
Needs الحاجیات are those that are primarily for elimination of
hardship. These are those that are needed in order for life and religion to
proceed without hardship but their absence will not lead to demise of
life/religion nor to chaos. Nonetheless, not necessarily everyone will
experience hardship in their absence. Examples: Ghusl for salat al-Jumu’a,
performing sunnah prayers, eating to one’s fill, business, investments, loans,
etc.
Frills التحسینیات are those that are related to excellence and beauty.
Absence would not lead to loss of life or salvation, nor to hardship, but to
loss of excellence and beauty in livelihood. Examples: Dressing well for prayer,
performing nafl prayers, eating for enjoyment, etc.
The goal of Sharia is to preserve these five essentials and Fiqh is to support that preservation. These five essentials also follow a priority order however, the intricacies of applicability, interdependency, exceptions, etc. are the complexity that are to be gained expertise to effectively come up with an opinion i.e. Fatwa. Here are the essentials:
- Preservation of Religion
- Preservation of Life
- Preservation of Lineage / Progeny
- Preservation of Intellect
- Preservation of Property
Additionally, Preservation of Honor or dignity was also considered as sixth essential by some scholars.
These above essentials are, shouldn't be a surprise, derived from the Quran. Below is just one ayah but the scholars have derived the essentials by generalizing, abstracting and synthesizing from the entire Quran.
قُلْ
تَعَالَوْا أَتْلُ مَا حَرَّمَ رَبُّكُمْ عَلَيْكُمْ أَلَّا تُشْرِكُوا بِهِ شَيْئًا وَبِالْوَالِدَيْنِ إِحْسَانًا وَلَا تَقْتُلُوا أَوْلَادَكُمْ مِنْ
إِمْلَاقٍ نَحْنُ نَرْزُقُكُمْ وَإِيَّاهُمْ وَلَا تَقْرَبُوا الْفَوَاحِشَ مَا ظَهَرَ
مِنْهَا وَمَا بَطَنَ وَلَا تَقْتُلُوا
النَّفْسَ الَّتِي حَرَّمَ اللَّهُ إِلَّا بِالْحَقِّ ذَلِكُمْ وَصَّاكُمْ بِهِ لَعَلَّكُمْ
تَعْقِلُونَ وَلَا تَقْرَبُوا مَالَ الْيَتِيمِ إِلَّا بِالَّتِي هِيَ أَحْسَنُ
حَتَّى يَبْلُغَ أَشُدَّهُ وَأَوْفُوا
الْكَيْلَ وَالْمِيزَانَ بِالْقِسْطِ لَا
نُكَلِّفُ نَفْسًا إِلَّا وُسْعَهَا
وَإِذَا قُلْتُمْ فَاعْدِلُوا وَلَوْ كَانَ ذَا قُرْبَى وَبِعَهْدِ اللَّهِ أَوْفُوا ذَلِكُمْ وَصَّاكُمْ بِهِ لَعَلَّكُمْ
تَذَكَّرُونَ وَأَنَّ هَذَا صِرَاطِي مُسْتَقِيمًا فَاتَّبِعُوهُ وَلَا تَتَّبِعُوا السُّبُلَ فَتَفَرَّقَ
بِكُمْ عَنْ سَبِيلِهِ ذَلِكُمْ
وَصَّاكُمْ بِهِ لَعَلَّكُمْ تَتَّقُونَ
“Say, "Come, I will recite
what your Lord has prohibited to you. [He commands] that you not associate
anything with Him, and to parents, good treatment, and do not kill your
children out of poverty; We will provide for you and them. And do not approach
immoralities - what is apparent of them and what is concealed. And do not kill
the soul which Allah has forbidden [to be killed] except by [legal] right. This
has He instructed you that you may use reason." And do
not approach the orphan's property except in a way that is best until he
reaches maturity. And give full measure and weight in justice. We do not charge
any soul except [with that within] its capacity. And when you testify, be just,
even if [it concerns] a near relative. And the covenant of Allah fulfill. This
has He instructed you that you may remember And,
[moreover], this is My path, which is straight, so follow it; and do not follow
[other] ways, for you will be separated from His way. This has He instructed
you that you may become righteous” - Al-An'am151-153
Religion is the highest priority of all the five essentials.
وَاعْبُدُوا
اللَّهَ وَلَا تُشْرِكُوا بِهِ شَيْئًا
وَبِالْوَالِدَيْنِ إِحْسَانًا وَبِذِي الْقُرْبَى وَالْيَتَامَى
وَالْمَسَاكِينِ وَالْجَارِ ذِي الْقُرْبَى وَالْجَارِ الْجُنُبِ وَالصَّاحِبِ
بِالْجَنْبِ وَابْنِ السَّبِيلِ وَمَا مَلَكَتْ أَيْمَانُكُمْ إِنَّ اللَّهَ لَا يُحِبُّ مَنْ كَانَ
مُخْتَالًا فَخُورًا
“Worship Allah and associate nothing with Him, and to parents do good, and to relatives, orphans, the needy, the near neighbor, the neighbor farther away, the companion at your side, the traveler, and those whom your right hands possess. Indeed, Allah does not like those who are self-deluding and boastful" - An-Nisaa: 36
أَفَحَسِبْتُمْ
أَنَّمَا خَلَقْنَاكُمْ عَبَثًا وَأَنَّكُمْ إِلَيْنَا لَا تُرْجَعُونَ
“Then did you think that We
created you uselessly and that to Us you would not be returned?" - Al-Muminun:
115
أَمْ
نَجْعَلُ الَّذِينَ آمَنُوا وَعَمِلُوا الصَّالِحَاتِ كَالْمُفْسِدِينَ فِي
الْأَرْضِ أَمْ نَجْعَلُ الْمُتَّقِينَ كَالْفُجَّارِ
Or should we treat those who believe
and do righteous deeds like corrupters in the land? Or should We treat those
who fear Allah like the wicked?” - Sad: 28
Life is the next priority in line.
يَا
أَيُّهَا الَّذِينَ آمَنُوا كُلُوا مِنْ طَيِّبَاتِ مَا رَزَقْنَاكُمْ وَاشْكُرُوا
لِلَّهِ إِنْ كُنْتُمْ إِيَّاهُ تَعْبُدُونَ
“O you who have believed, eat
from the good things which We have provided for you and be grateful to Allah if
it is [indeed] Him that you worship” Al-Baqara:
172
To survive life a Muslim
can even eat haram (just enough to survive for next 24 hours)
إِنَّمَا
حَرَّمَ عَلَيْكُمُ الْمَيْتَةَ وَالدَّمَ وَلَحْمَ الْخِنْزِيرِ وَمَا أُهِلَّ
بِهِ لِغَيْرِ اللَّهِ فَمَنِ اضْطُرَّ
غَيْرَ بَاغٍ وَلَا عَادٍ فَلَا إِثْمَ عَلَيْهِ
إِنَّ اللَّهَ غَفُورٌ رَحِيمٌ
“He has only forbidden to
you dead animals, blood, the flesh of swine, and that which has been dedicated
to other than Allah. But whoever is forced [by necessity], neither desiring
[it] nor transgressing [its limit], there is no sin upon him. Indeed, Allah is
Forgiving and Merciful” Al-Baqara:
173
Intellect is the necessary part of maintaining our faith. This is one of the
reasons, apart from other physical harm, why prohibition of intoxicants is
prohibited. Also, there’s condemnation of blind following in fundamental
matters of belief. There are more than 40 Quranic ayats containing the root عقل and other ayats instructing reflection تدبر,
تفكر.
Lineage or Progeny is to survive humanity on earth. Muslims are encouraged to marry
and have children. It’s made obligatory and recommended for most while made
permissible for some who have no biological desire thus prohibiting adultery
and fornication.
Property and encouragement
to earning is essential to Islam and the purpose of wealth is to serve
Allah.
فَإِذَا
قُضِيَتِ الصَّلَاةُ فَانْتَشِرُوا فِي الْأَرْضِ وَابْتَغُوا مِنْ فَضْلِ اللَّهِ
وَاذْكُرُوا اللَّهَ كَثِيرًا لَعَلَّكُمْ تُفْلِحُونَ
“And when the prayer has been
concluded, disperse within the land and seek from the bounty of Allah, and
remember Allah often that you may succeed”- Al-Jumu'a:
10
Honor (or human dignity) is also considered as essential by some scholars:
Tufi, Subki, Mahalli, Ibn Najjar, Shawkani.
“Verily, your lives,
property and honor are all inviolable, like the inviolability of this day of
yours, this month of yours, this place of yours.” - Sahih Bukhari
Now we've seen the purpose, benefits and the essentials of Fiqh, let's try to understand how the Islamic rulings are derived. There are five major legal maxims or Qawaid قوائد that forms the foundation. Maxims are concise statements that are generally considered as truth or rule of conduct. Once again, these maxims are extracted from the Quran and Hadith. Most of the time you will find a direct references of Quranic ayah or sayings of the Prophet (pbuh) but many times those are synthesized by the scholars of Islam.
- Matters are according to their intentions الْأُمُورُ بِمَقَاصِدِھا
- Certainty is not displaced by doubt الیَقینُ لا یُزالُ بِالشَّكِّ
- Hardship brings ease المَشَقَّةُ تَجْلِبُ التَّیْسِیرَ
- Harm is to be removed الضررُ يُزال
- Customary norms are arbiters العادّ ةُ مُحَ كِّمَة
The results and religious
consequences of people’s deeds (verbal and physical) varies according to the
underlying intention.
مَنْ
كَانَ يُرِيدُ حَرْثَ الْآخِرَةِ نَزِدْ لَهُ فِي حَرْثِهِ وَمَنْ كَانَ يُرِيدُ
حَرْثَ الدُّنْيَا نُؤْتِهِ مِنْهَا وَمَا لَهُ فِي الْآخِرَةِ مِنْ نَصِيبٍ
“Whoever desires the harvest of
the Hereafter - We increase for him in his harvest. And whoever desires the
harvest of this world - We give him thereof, but there is not for him in the
Hereafter any share” - Ash-Shura: 20
إِنَّمَا
الأعْمَالُ بالنِّیَّاتِ
“Actions are according to
intentions” - Sahih Bukhari and Sahih Muslim
Maxim#2: Certainty isn’t
replaced by doubts
وَمَا
يَتَّبِعُ أَكْثَرُهُمْ إِلَّا ظَنًّا
إِنَّ الظَّنَّ لَا يُغْنِي مِنَ الْحَقِّ شَيْئًا إِنَّ اللَّهَ عَلِيمٌ بِمَا يَفْعَلُونَ
“And most of them follow not except assumption. Indeed,
assumption avails not against the truth at all. Indeed, Allah is Knowing of
what they do” - Yunus:
36
إِذَا وَجَدَ أَحَدُكُمْ فِي بَطْنِھِ شَیْئًا فَأَشْكَلَ عَلَیْھِ أَخَرَجَ
مِنْھُ شَيْءٌ أَمْ لَا فَلَا یَخْرُجَنَّ
مِنَ الْمَسْجِدِ حَتَّى یَسْمَعَ صَوْتًا أَوْ یَجِدَ رِیحًا
“If any of you senses something in his abdomen, but is doubtful whether or not anything has came out, he should not leave the mosque unless he hears a sound or perceives a smell.” – Sahih Muslim
Maxim#3: Hardship brings facilitation
“Difficulty and suffering
are not religiously desirable for their own sake”
Quranic sources for this maxim:
شَهْرُ
رَمَضَانَ الَّذِي أُنْزِلَ فِيهِ الْقُرْآنُ هُدًى لِلنَّاسِ وَبَيِّنَاتٍ مِنَ
الْهُدَى وَالْفُرْقَانِ فَمَنْ شَهِدَ مِنْكُمُ الشَّهْرَ فَلْيَصُمْهُ وَمَنْ
كَانَ مَرِيضًا أَوْ عَلَى سَفَرٍ فَعِدَّةٌ مِنْ أَيَّامٍ أُخَرَ يُرِيدُ اللَّهُ
بِكُمُ الْيُسْرَ وَلَا يُرِيدُ بِكُمُ الْعُسْرَ وَلِتُكْمِلُوا الْعِدَّةَ
وَلِتُكَبِّرُوا اللَّهَ عَلَى مَا هَدَاكُمْ وَلَعَلَّكُمْ تَشْكُرُونَ
"The month of Ramadhan [is that]
in which was revealed the Qur'an, a guidance for the people and clear proofs of
guidance and criterion. So whoever sights [the new moon of] the month, let him
fast it; and whoever is ill or on a journey - then an equal number of other
days. Allah intends for you ease and does not intend for you hardship and
[wants] for you to complete the period and to glorify Allah for that [to] which
He has guided you; and perhaps you will be grateful" - Al-Baqara: 185
يُرِيدُ
اللَّهُ أَنْ يُخَفِّفَ عَنْكُمْ وَخُلِقَ الْإِنْسَانُ ضَعِيفًا
“And Allah wants to lighten for
you [your difficulties]; and mankind was created weak” - An-Nisaa: 28
الَّذِينَ
يَتَّبِعُونَ الرَّسُولَ النَّبِيَّ الْأُمِّيَّ الَّذِي يَجِدُونَهُ مَكْتُوبًا
عِنْدَهُمْ فِي التَّوْرَاةِ وَالْإِنْجِيلِ يَأْمُرُهُمْ بِالْمَعْرُوفِ
وَيَنْهَاهُمْ عَنِ الْمُنْكَرِ وَيُحِلُّ لَهُمُ الطَّيِّبَاتِ وَيُحَرِّمُ
عَلَيْهِمُ الْخَبَائِثَ وَيَضَعُ عَنْهُمْ إِصْرَهُمْ وَالْأَغْلَالَ الَّتِي
كَانَتْ عَلَيْهِمْ فَالَّذِينَ آمَنُوا بِهِ وَعَزَّرُوهُ وَنَصَرُوهُ
وَاتَّبَعُوا النُّورَ الَّذِي أُنْزِلَ مَعَهُ أُولَئِكَ هُمُ الْمُفْلِحُونَ
“Those who follow the Messenger,
the unlettered prophet, whom they find written in what they have of the Torah
and the Gospel, who enjoins upon them what is right and forbids them what is
wrong and makes lawful for them the good things and prohibits for them the evil
and relieves them of their burden and the shackles which were upon them.
So they who have believed in him, honored him, supported him and followed the
light which was sent down with him - it is those who will be the successful” - Al-A'raf:
157
وَجَاهِدُوا
فِي اللَّهِ حَقَّ جِهَادِهِ هُوَ اجْتَبَاكُمْ وَمَا جَعَلَ عَلَيْكُمْ فِي
الدِّينِ مِنْ حَرَجٍ مِلَّةَ أَبِيكُمْ إِبْرَاهِيمَ هُوَ سَمَّاكُمُ
الْمُسْلِمِينَ مِنْ قَبْلُ وَفِي هَذَا لِيَكُونَ الرَّسُولُ شَهِيدًا عَلَيْكُمْ
وَتَكُونُوا شُهَدَاءَ عَلَى النَّاسِ فَأَقِيمُوا الصَّلَاةَ وَآتُوا الزَّكَاةَ
وَاعْتَصِمُوا بِاللَّهِ هُوَ مَوْلَاكُمْ فَنِعْمَ الْمَوْلَى وَنِعْمَ
النَّصِيرُ
“And strive for Allah with the
striving due to Him. He has chosen you and has not placed upon you in the
religion any difficulty. [It is] the religion of your father, Abraham.
Allah named you "Muslims" before [in former scriptures] and in this
[revelation] that the Messenger may be a witness over you and you may be
witnesses over the people. So establish prayer and give zakah and hold fast to
Allah. He is your protector; and excellent is the protector, and excellent is
the helper’ - Al-Hajj: 78
Hadith sources for this maxim:
فَإِنَّمَا
بُعِثْتُمْ مُیَسِّرِینَ، وَلَمْ تُبْعَثُوا مُعَسِّرِینَ
“.... for you have been
sent to make things easy and not to make them difficult.” - Sahih Bukhari
Maxim#4: Harm is to be removed
There is to be no harm and
no reciprocation of harm. Whosoever hurts another, God will hurt him. Whosoever
places others under difficulties, God will place him under difficulty.
Subsidiary maxims:
o
Harm should not be removed
by another harm like it / equal to it.
o
Severe harm may be removed
by a lesser evil.
o
Private/individual harm is
endured to prevent public/collective harm.
o
Preventing harm takes
precedence over attaining benefit.
Maxim#5: Customary norms are arbiters
Quranic sources for this maxim:
خُذِ
الْعَفْوَ وَأْمُرْ بِالْعُرْفِ وَأَعْرِضْ عَنِ الْجَاهِلِينَ
“Take what is given freely, enjoin what is good, and
turn away from the ignorant” - Al-A'raf:
199
When are customary norms a
source of sharia?
o
The norm is universal
o
There is no relevant
sacred text
o
The norm does not contradict
any sacred text
o
The norm does not
contradict an explicit contractual stipulation
Reference:
The Bigger Picture of Fiqh by Sheikh Soheil Laher of Boston Islamic Seminary
Reliance of the Traveler: a classic manual of Islamic sacred law by Ahmad ibn an-Naqib Al-Misri
The Concise Presentation of the Fiqh of the Sunnah and the Noble Quran by Dr. Abdul-Azeem Badawi
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