Fiqh - Jurisprudence [الفقه]

بسم الله الرحمن الرحيم الحمد لله رب العالمين الصلاة والسلام على نبيه الكريم وعلى آله وأصحابه أجمعين

In the name of Allaah, the Most Beneficent, the Most Merciful. All praise is due to Allaah, Lord of the worlds. Peace and blessings upon His noble Prophet, upon his family and all of his companions.

Definiton of Fiqh

Linguistic Definition

Ibn Mandhoor said, "Fiqh: Knowing something, and understanding it." From Lisaan al-'Arab (13/522)

Ibn Faaris said, "Fiqh Fa Qaf and Ha: It is original and sound, indicating the understanding of a thing and knowledge of it." From Mu'jam Maqayyis al-Lugha (4/442)

Al-Khaleel ibn Ahmad said, "Faqihah – yafqahu – fiqhan: meaning he understood." From Al-'Ayn (3/370)

Therefore, Fiqh refers to any type of understanding, linguistically. Whenever one understands something, has knowledge of it, or understands from someone else's speech, it is Fiqh.

That is understood from the saying of Allaah:

فَمَالِ هَـٰٓؤُلَآءِ ٱلْقَوْمِ لَا يَكَادُونَ يَفْقَهُونَ حَدِيثًۭا

So what is wrong with these people that they fail to understand [yafqahoona] any word? [An-Nisa' 4:78]

And from His saying,

قَالُوا۟ يَـٰشُعَيْبُ مَا نَفْقَهُ كَثِيرًۭا مِّمَّا تَقُولُ

They said, "O Shu'ayb, we do not understand [nafqahu] much of what you say..." [Hud 11:91]

Terminological Definition

During the early days of Islam, the term 'Fiqh' was comprehensive as it included all components such as beliefs, branches, and purification of the soul. But after the Caliphate expanded, non-Arabs and foreign ideas started entering the realm of the Muslims, thus it was important to separate the sciences from one another and assign various terms. Thus, the word 'Fiqh' became designated for branches, meaning practices of Islam.

The definition as attributed to Imam Abu Haneefah is:

معرفة النفس ما لها وما عليها (عملا)

One's knowledge of what is due to him and what is required of him (and Some add the word 'practically')

The word action is added to the definition in order to exclude creedal beliefs and emotional states, limiting it to speech and conduct. Those who do not add 'action' intend a broader, more inclusive meaning. Here, 'knowledge' means the understanding of particular matters based on evidence.

Its Virtue

The virtue of the science of Fiqh lies in the fact that a Muslim cannot do without it. Through it, the lawful is distinguished from the unlawful, the obligatory from the recommended, and other legal rulings are clarified. It serves as a barrier between guidance and misguidance, and a just criterion for understanding the value and measure of actions.

Many texts from the Quraan and Sunnah urge Muslims to gain a deep understanding of the religion. Allaah, exalted be He, said:

وَمَا كَانَ الْمُؤْمِنُونَ لِيَنفِرُواْ كَآفَّةً فَلَوْلاَ نَفَرَ مِن كُلِّ فِرْقَةٍ مِّنْهُمْ طَآئِفَةٌ لِّيَتَفَقَّهُواْ فِي الدِّينِ وَلِيُنذِرُواْ قَوْمَهُمْ إِذَا رَجَعُواْ إِلَيْهِمْ لَعَلَّهُمْ يَحْذَرُون

And it is not for the believers to go forth [to battle] all at once. For there should separate from every division of them a group [remaining] to obtain understanding in the religion and warn [i.e., advise] their people when they return to them that they might be cautious. [At-Tawbah 9:122]

Al-Bukhaari (71) and Muslim (1037), narrated in their Saheehs, from Mu'awiyah (may Allaah be pleased with him), that the Prophet (peace and blessings upon him) said:

"Whomever Allaah intends good for, He grants him understanding of the religion."

Some of the scholars said: Whoever is not granted understanding of the religion, Allaah does not intend good for him.

Al-Bukhaari (79) and Muslim (2282) also narrated from Abu Moosa al-Ash'ari (may Allaah be pleased with him) that he (peace and blessings upon him) also said:

"The example of guidance and knowledge with which Allah has sent me is like abundant rain falling on the earth, some of which was fertile soil that absorbed rain water and brought forth vegetation and grass in abundance. (And) another portion of it was hard and held the rain water and Allaah benefited the people with it and they utilized it for drinking, making their animals drink from it and for irrigation of the land for cultivation. (And) a portion of it was barren which could neither hold the water nor bring forth vegetation (then that land gave no benefits). The first is the example of the person who comprehends Allaah's religion and gets benefit (from the knowledge) which Allah has revealed through me so he learns and then teaches others. The last example is that of a person who does not care for it and does not take Allaah's guidance revealed through me (He is like that barren land.)"

Abu Bakr al-Kasani said in al-Badaa'i (1/2):

"There is no knowledge, after knowledge of Allaah and His attributes, more noble than the knowledge of Fiqh. It is also called the knowledge of the lawful and the unlawful , and the knowledge of divine laws and rulings. For its sake, messengers were sent and books were revealed, since there is no way to know it through pure intellect alone without the aid of revelation. Allaah the Exalted said: {He gives wisdom to whom He wills, and whoever has been given wisdom has certainly been given much good. And none will remember except those of understanding.} (Al-Baqarah: 269). It has been said that, according to some interpretations, this “wisdom” refers to the knowledge of Fiqh."

Abu al-Hasanaat al-Lucknawi stated in Umdah ar-Ra'ayah (1/4):

"It is not hidden from people of understanding that the greatest of virtues and the most complete of noble qualities is gaining deep understanding in religion. To this, the Master of the Messengers ﷺ pointed to when he said, as reported by the leading scholars of religion: 'Whomever Allah intends good for, He grants him understanding in the religion.' This is the quality by which a person stands out among peers and equals, and by which he is pointed out as possessing excellence and perfection. So glad tidings to the one who teaches it, learns it, engages in its study and discussion, and devotes himself to it."

And Allaah knows best.

والله أعلم