Fiqh
The Arabic word fiqh means deep understanding or full comprehension. Historian Ibn Khaldun described it as knowledge of the rules of God concerning human actions connected to obeying divine law. This definition covers what is required, sinful, recommended, disapproved, or neutral for a person who owns themselves. Modern Standard Arabic uses the term specifically for Islamic jurisprudence. It refers to the body of Islamic law extracted from detailed sources studied in principles of jurisprudence. The process involves gaining knowledge of Islam through legal interpretation. A person trained in this field is known as a faqīh. Figuratively, the term signifies knowledge about Islamic legal rulings derived from their sources. Deriving these rulings requires the mujtahid to possess a deep understanding of different discussions within jurisprudence.
Sunni Islamic history traces a chronological path from God to Muhammad and then to his Companions. These early followers passed the essence of Islam to succeeding generations as Muslims spread from West Arabia to conquered lands north, east, and west. The first period ended with the death of Muhammad in 11 AH. The second period lasted until 50 AH and was characterized by personal interpretations of the canon by the Sahabah. From 50 AH until the early second century AH, competition existed between traditionalist approaches in western Arabia and rationalist approaches in Iraq. The golden age of classical Islamic jurisprudence spanned from the early second to mid-fourth century when eight significant schools emerged. This era concluded around the fall of Baghdad in 1258 CE which marked the start of a dark age stretching to 1876 CE. In 1876 CE the Ottomans codified Hanafi jurisprudence in the Majallah el-Ahkam-i-Adliya. Several juristic revival movements influenced by exposure to Western legal progress followed until the mid-20th century CE. Muhammad Abduh and Abd El-Razzak El-Sanhuri were products of this modernist era.
The modus operandi of the Muslim jurist is known as usul al-fiqh or principles of jurisprudence. Early shariah had a much more flexible character before later centralization occurred under the Abbasids. Progress in theory happened with the coming of Muhammad ibn Idris ash-Shafi'i who lived from 767 to 820. He codified basic principles in his book ar-Risālah detailing four roots of law including Qur'an, sunnah, ijma, and qiyas. Secondary sources developed over subsequent centuries consisting primarily of juristic preference and laws of previous prophets. The consensus of the Sahaba remains a key source alongside analogical reasoning used by Sunni jurists. Zahirites rejected Qiyas unlike Sunnis while Shi'a believed all laws are implicitly mentioned in Quran or sunnah. The institution of fatawa has been called central to development because of a vacuum in other sources after the fall of the Ottoman Empire. This practice dates back to the time of Muhammad but is modeled after the Roman system of responsa giving the questioner decisive primary-mover advantage.
There are several schools of fiqh thought named by students of classical jurists who taught them. Hanafi schools appear in Turkey, Balkans, Levant, Central Asia, South Asia, China, Northwest Caucasus, Lower Egypt, and Tatarstan. Maliki traditions dominate North Africa, West Africa, Upper Egypt, Kuwait, Bahrain, Abu Dhabi, and Dubai. Shafi'i practices are common in Indonesia, Malaysia, Brunei, Kurdistan, East Africa, Northeast Caucasus, Yemen, Oman, Kerala, Fujairah, and Sinai Peninsula. Hanbali views prevail in Saudi Arabia, Qatar, Sharjah, Umm al-Quwain, Ras al-Khaimah, and Ajman. Shia Islam is based off the Ja'fari school with Twelver communities found in Iran, Iraq, and Azerbaijan. Isma'ili groups exist as minority communities in Central Asia, South Asia, Levant, and Yemen while Zaydi minorities reside in Yemen. Khawarij Islam evolved its own distinct school entirely separate from Sunni and Shia traditions. Ibadi followers form a minority community in Oman. These schools share many rulings but differ on particular hadiths they accept as authentic and weight given to analogy or reason.
Islamic jurisprudence covers two main areas regarding actions and circumstances surrounding those actions. Rules fall into categories of worship known as Ibadaat and dealings and transactions called Mu`amalaat. Decision types comprise obligation, recommendation, permissibility, disrecommendation, and prohibition. Circumstances include condition, cause, preventor, permit enforced, valid corrupt invalid, time deferred repeat. The Quran gives instructions on issues like ritual purification before obligatory daily prayers. On other matters such as fasting during Ramadan further details come from traditions of Muhammad. Some topics lack precedent in early periods so jurists arrive at conclusions by other means. A majority in modern era use analogy and weigh harms and benefits of new topics. A plurality utilizes juristic preference to reach final decisions constituting a wide array of laws applied through fiqh. This division results in different schools holding differing views without viewing others as sacrilegious.
Important legal institutions developed by Muslim jurists during the Islamic Golden Age influenced later European systems. Hawala was an early informal value transfer system mentioned in texts as early as 8th century. It later influenced development of agency in common law and civil laws like aval in French law. Waqf developed during 7th to 9th centuries bears notable resemblance to trusts in English trust law. Every Waqf required a waqif settlor mutawillis trustee qadi judge and beneficiaries. Trust law developed in England during 12th and 13th centuries may have been introduced by Crusaders influenced by Waqf institutions they encountered in Middle East. Litigants could obtain notarized statements from three to twelve witnesses whose unanimous testimony supported claims. John Makdisi compared this group known as lafif to English Common Law jury trials under Henry II. The island had previously been ruled by various Islamic dynasties before Norman conquest. Royal English contract protected by action of debt is identified with Islamic Aqd while assize of novel disseisin matches Istihqaq. European commenda derived from Islamic Qirad suggests foundations for common law as integrated whole.
Common questions
What does the Arabic word fiqh mean in Islamic jurisprudence?
The Arabic word fiqh means deep understanding or full comprehension. Historian Ibn Khaldun described it as knowledge of the rules of God concerning human actions connected to obeying divine law.
When did the golden age of classical Islamic jurisprudence end and what marked its conclusion?
The golden age of classical Islamic jurisprudence concluded around the fall of Baghdad on the 10th of June 1258 CE which marked the start of a dark age stretching to 1876 CE. This era spanned from the early second to mid-fourth century when eight significant schools emerged.
Who codified basic principles of jurisprudence in his book ar-Risālah during the 8th and 9th centuries?
Muhammad ibn Idris ash-Shafi'i lived from 767 to 820 and codified basic principles in his book ar-Risālah detailing four roots of law including Qur'an, sunnah, ijma, and qiyas. He advanced theory with these foundational elements before later centralization occurred under the Abbasids.
Which countries and regions are home to Hanafi schools of thought today?
Hanafi schools appear in Turkey, Balkans, Levant, Central Asia, South Asia, China, Northwest Caucasus, Lower Egypt, and Tatarstan. These regions host communities that follow this specific branch of Islamic jurisprudence derived from classical jurists.
How did Islamic Waqf institutions influence English trust law development between the 7th and 13th centuries?
Waqf developed during 7th to 9th centuries bears notable resemblance to trusts in English trust law which developed in England during 12th and 13th centuries. Trust law may have been introduced by Crusaders influenced by Waqf institutions they encountered in Middle East.