Fiqh: Difference between revisions

'''Fīqh''' (Arabic: {{iarabic|اَلفِقه}}) is an [[Islam]]ic science through which practical laws and religious duties of a person in this world are studied. Jurisprudential laws are extracted from [[four sources]] by means of [[reason]]ing and research; which are the [[Qur'an]], [[Tradition]], [[Consensus]], and [[Reason]]. Fiqh has passed through many phases and periods in both [[Sunni]] and [[Shi'a]] schools of thought. The common period for both is the period of [[Tashri']] (legislation) which took place during the lifetime of the [[Prophet (s)]].

In jurisprudential terminology, hukm means judgement of the religion regarding an action of a believer. For instance when it's said that wine drinking is forbidden, [[Hurma]] is the kukm of this act.

Laws have various categorizations. Two most important types of religious laws are those concerning duties ([[al-hukm al-taklifi]]), and those concerning situations ([[al-hukm al-wad’i]]). Laws are also holistically categorised into primary and secondary. Provincial and governmental laws are another categorization.

In jurisprudential terminology, the term "the Book" is used to mean the [[holy Qur'an]], which is the first and most important source of legislation of laws and the origin of Islamic jurisprudence. The Qur'an has been, and will be the book of divine laws and the criterion of assessment of traditions and reports. For this reason, it is the first reference for Islamic jurists for law-making from the time of [[revelation]] until today.

However, extracting religious laws from the Qur'an requires a mastery over many disciplines and expertise over linguistic and literary sciences (such as vocabulary and [[syntax]]), [[Qur'anic sciences]] (such as knowledge of the [[Abrogator and the Abrogated]], the [[Decisives]] and the [[Metaphoricals]], and the [[context of the revelation]], etc) and the science of the origins and [[Principles of Jurisprudence]]. The awareness of these sciences helps the researcher to understand, for example, that a clause in the Qur'an signifying an order or a positive imperative doesn't necessarily indicate [[Wujub]] (compulsion). Similarly, every compulsory act doesn't appear with a clause signifying command or a positive imperative. Likewise, a [[prohibition]] could be indicated by a negation or statement instead of a negative imperative.

In fiqh, the term "tradition" refers to the sayings, actions and confirmations or consents of the [[Infallibles (a)]]. Amongst [[Ahl al-Sunna]], tradition is confined to the sayings, actions and confirmation of the [[Prophet (s)]]. However, since in the view of Shi'a, the [[Imams (a)]] are not only narrators of the Prophet's (s) tradition, but also appointed by [[God]] and the Prophet's (s) representatives, their sayings, actions and confirmations are treated as original sources in fiqh.

Based on the popular opinion of the Shi'a faqihs, the intellect or the reason is one of the [[four sources]] of religious laws and has a high degree of influence or power in the process of law-making. The Shi'a jurists have used the reason to quite an extent in their quest for [[Ijtihad]]. Some of the areas of the utility of the reason in jurisprudence have been mentioned and noted down; However, there are many more areas which are yet to be compiled in an orderly fashion:

Jurisprudential laws are mentioned in various books and are divided into various sections. Each of these sections is commonly called a "book", like "The Book of Tahara", or "The Book of Diyat". These classifications are mostly done by the taste and preference of the authors.

[[Al-Muhaqqiq al-Hilli]]'s classification in his book ''[[Sharayi' al-Islam]]'', mentions 52 books, starting by [[purification]] ([[tahara]]) and ending with [[monetary recompense]] ([[Book of Diyat]]). This classification was accepted by most of the later jurists to the extent that the practical books of law were also complied based on this categorization, i.e. they started from laws of purification and ended with laws of monetary recompense and penalties ([[hudud]]).