Shari'ah and Fiqh


Courtesy of USC Muslim Association
As we strive as Muslims to remain on the straight path, we need to discern the right from the wrong in every aspect of our life. The Shari`ah (sacred law) and the Fiqh (Islamic jurisprudence) provide us with the rulings in different matters. In this article simple definitions of shari`ah and fiqh are given.

 

Shari`ah

The Arabic word shari`ah refers to the laws and way of life prescribed by Allah (SWT) for his servants. The shari`ah deals with the ideology and faith; behavior and manners; and practical daily matters. "To each among you, we have prescribed a law and a clear way. (Qur 'an 5:48) Shari`ah includes the Qur'an and the sunnah of the Prophet (saas). The Qur'an is the direct word of Allah (SWT), and is the first most important source of guidance and rulings. The Sunnah of the Prophet (saas) is the second source of guidance and rulings. The sunnah is an inspiration from Allah (SWT), but relayed to us through the words and actions of the Prophet (saas), and his concurrence with others' actions. The sunnah confirmed the rulings of the Qur'an; detailed some of the concepts, laws and practical matters which are briefly stated in the Qur'an (e.g. definition of Islam, Iman, and Ihsan, details of salah, types of usury); and gave some rulings regarding matters not explicitly stated in the Qur'an (e.g. wearing silk clothes for men).

Shari`ah
1-Qur'an 2-Sunnah of the prophet (saas)
Ideology and faith Sayings
Behavior and manners Actions
Practical manners
  • Articles of worship
  • Day-to-day activities

Pertaining to family, business,
penal code, government,
international law, economy.

Concurrence with others' actions
Characteristics of the Prophet (saas)

Fiqh

The Arabic word fiqh means knowledge, understanding and comprehension. It refers to the legal rulings of the Muslim scholars, based on their knowledge of the shari`ah; and as such is the third source of rulings. The science of fiqh started in the second century after Hijrah, when the Islamic state expanded and faced several issues which were not explicitly covered in the Qur'an and Sunnah of the Prophet (saas). Rulings based on the unanimity of Muslim scholars and direct analogy are binding. The four Sunni schools of thought, Hanafi, Maliki, Shafi'i and Hanbali, are identical in approximately 75% of their legal conclusions. Variances in the remaining questions are traceable to methodological differences in understanding or authentication of the primary textual evidence. Differing viewpoints sometimes exist even within a single school of thought.

3-Fiqh (Islamic Jurisprudence)
Basis of Rulings Imams of schools of thought
  • Unanimity of Muslim scholars
  • Direct and indirect analogy
  • Benefit for community
  • Custom
  • Associated rules
  • Original rules
  • Opinion of a companion of the Prophet
  • Imam Abu Hanifa 80-150 (After Hijra)
  • Imam Malik 93-179 (A.H.)
  • Imam Shafi'i 150-204(A.H.)
  • Imam Ahmad Ibn Hanbal 164-241 (A.H.)

Others: Al-Thawri, Ibn Abu-Lail, Al Awza'i,
and Al-Laith

Rulings of the Shari`ah

The rulings of shari`ah for all our daily actions are five : prescribed, recommended, permissible, disliked and unlawful . The distinctions between the five categories are in whether their performance (P) and nonperformance (NP) is rewarded, not rewarded, punished or not punished (see the table). The prescribed (fard) is also referred to as obligatory (wajib), mandatory (muhattam) and required (lazim). It is divided into two categories :

The recomended (mandub) is also referred to as sunnah, preferable (mustahabb), meritorious (fadila), and desirable (marghub fih). Examples are night vigil (tahajjud) prayers, and rememberance of Allah (zikr).

The performance and nonperformance of the permissible/ allowed (mubah) is neither rewarded nor punished.

Nonperformance of both the disliked (makruh) and the unlawful/prohibited (haram ) is rewarded. Performance of the unlawful is punished, but that of the disliked is not punished.

Rulings of Sacred Law
Prescribed Recommended Permissible
/Allowed
Disliked/
Offensive/ Detested
Unlawful/
Prohibited
Other terms:
-Obligatory
-Mandatory
-Required

Personally obligatory, communally obligatory

Performance: rewarded
Non-Performance: punished

Other terms:
- Sunnah
- Preferable
- Meritorius
- Desirable

P: rewarded
NP: not punished
P: not rewarded
NP: not punished
P: not punished
NP: rewarded
P: punished
NP: rewarde
d

Search Fiqh Database

Science of Fiqh

  • Brief Fiqh Guide
  • Methodology in Islamic Jurisprudence
  • Guide to Islamic Jurisprudence
  • Islamic Law
  • Ijtihad - The process of working out Islamic rules
  • Imam Hanbal
  • Imam Malik
  • Imam Ash-Shafi
  • Imam Abu Hanifa
  • The Life of Imam Abu Hanifa
  • What is Taqlid or Ittiba?
  • The Mujtahid and the Muqalid
  • Weak Hadiths in "The Lawful and Prohibited in Islaam"
  • Fiqh As-Sunnah

    *We are the only website that contains Fiqh As-Sunnah (The Best Modern Book on Fiqh)*
  • Ablution
  • Ablution (Dry), Tayammum
  • Ablution (Dry), Tayammum When Permissable
  • Ablution Ghusl, Actions Requiring it
  • Ablution Ghusl, Acts Forbidden to the Impure
  • Ablution Ghusl, How it is Performed
  • Ablution Ghusl, Principles Of
  • Ablution Ghusl, When Ghusl is Preferred
  • Ablution, Notes of Importance
  • Ablution, Acts That Do Not Nullify it
  • Ablution, Complete (Ghusl)
  • Ablution, Nullification of
  • Ablution, Obligatory Parts
  • Ablution, Sunan Acts of
  • Ablution, When it is a Prerequisite
  • Ablution, When State of Purity is Preferred
  • Ablution, Wiping Over the Socks
  • Adhan
  • Bathroom
  • Death, Burial
  • Death, Burial Preparation
  • Death, Condolences
  • Death, Dying
  • Death, Funeral Prayers Performed for Whom?
  • Death, Funeral Prayers Requirements
  • Death, Funeral Prayers
  • Death, Funeral Prayers Shroud
  • Fasting (As-Siyam)
  • Fasting, Actions that Void the Fast
  • Fasting, Acts that are Permissible
  • Fasting, Essential Elements of
  • Fasting, Forbidden Days to Fast
  • Fasting, Making up Missed Days of Ramadan
  • Fasting, Making up Missed Fast
  • Fasting, Manners of Fasting
  • Fasting, Night of Qadr
  • Fasting, Ramadan
  • Fasting, Voluntary Fasts
  • Grooming & Circumcision
  • Hajj of the Prophet (p.b.u.h.)
  • Hajj, Ability to Perform it
  • Hajj, Definition & Prerequisites
  • Hajj, Sa'i Between Safa and Marwah
  • Hajj, Staying at Mina and Arafat
  • Hajj, Talbiyah
  • Hajj, Tawaf Circumambulation Around Kabah
  • Hajj, What is Permitted to a Muhrim
  • Ihram
  • Ihram, Fixed Times and Places for Ihram
  • Ihram, Killing Game in State of Ihram
  • Ihram, Restrictions
  • Impurities
  • Itikaf or Seclusion in the Mosque
  • Masjids
  • Menstruation or Post-Childbirth Bleeding
  • Menstruation, Prolonged Flows of Blood
  • Prayer (Salah)
  • Prayer During Times of Fear or Danger
  • Prayer for Rain, Salatul Istisqa
  • Prayer of a Person who is Ill, Saltul Marid
  • Prayer of a Traveler, Salatul Qasr
  • Prayer of Need, Salatul Hajah
  • Prayer of Penitence, Salatut-Tawbah
  • Prayer of Solar & Lunar Eclipses
  • Prayer, Actions Which are Disliked During it
  • Prayer, Actions Which Invalidate the Salah
  • Prayer, Al-Qunut
  • Prayer, Call to Prayer (Adhan)
  • Prayer, Combining Two Prayers
  • Prayer, Congretional Prayer
  • Prayer, Duha Prayer
  • Prayer, Friday Khutbah
  • Prayer, Friday Prayer
  • Prayer, Friday Prayer as an Obligation
  • Prayer, Eid Prayers, Salatul Eidain
  • Prayer, Late Night Prayers
  • Prayer, Making up the Missed Prayers
  • Prayer, Nonstressed Sunnah Prayers
  • Prayer, Obligatory Acts
  • Prayer, Partition (Sutrah) in Front of
  • Prayer, Places Where Offering is Prohibited
  • Prayer, Prerequisites of
  • Prayer, Salatul Istikharah
  • Prayer, Salatul Tasbih
  • Prayer, Sunnah Acts
  • Prayer, Sunnah of 'Isha
  • Prayer, Sunnah of Maghrib
  • Prayer, Sunnah of Zuhr
  • Prayer, Superrerogatory Prayers
  • Prayer, Tarawih Prayers During Ramadan
  • Prayer, Two rak'at of Fajr
  • Prayer, What is Allowed During It
  • Prayer, Witr Prayer
  • Prostration of Thankfulness, Sajdatush-Shukr
  • Prostrations of Forgetfulness During Prayer
  • Prostrations of Quranic Recital
  • Purification
  • Sa'i Between Safa and Marwa
  • Sacred Precincts of Makkah and Madinah
  • Sickness
  • Sickness, Contagious Disease
  • Sickness, Medical Treatment
  • Supplications
  • Supplications, Dhikr
  • Supplications, Etiquette of
  • Supplications, Journey
  • Supplications, Journey-Going on One
  • Tawaf Circumambulation Around the Kabah
  • Umrah
  • Zakah in Islamic Jurisprudence
  • Zakah on Animals
  • Zakah on Buried Treasure/Precious Metals
  • Zakah on Plants and Fruits
  • Zakah from Wealth Extracted from the Sea
  • Zakah, Exhortation to Give
  • Zakah, Holdings Subject to
  • Zakah, People Forbidden for
  • Zakah, Punishment for the Delinquents
  • Zakah, Recipients of
  • Zakatul Fitr
  • Zakatut Tatawwu' or Voluntary Sadaqah
  • Fiqh Topics
    NOTE: Some of the following is not 100% reliable. Please refer to "Fiqh As-Sunnah" by Sayed Sabiq for a reliable source or read "The Lawful And the Prohibited in Islam" By Yusuf Qaradawi. If you know Arabic, then there are tons on sources, such as Kitabul-Fiqh.

  • Salah According to the Hanafi Madhab
  • Hajj
  • Organ Transplant
  • The Lottery Craze
  • Organ Transplant Part 2
  • Animal Testing
  • Pork
  • Riba (Interest) in Islam
  • Muslims in Non-Muslims Land
  • Islamic Dress
  • Jihad: The Judicial Ruling
  • Is Alcohol a Factor is Social Problems
  • Ruling on Fasting
  • Visiting the Prophet's Masjid
  • Taraweeh
  • Night of Mid-Shaban
  • The First Friday of Rajab
  • Visitation of the Prophet's Grave
  • Commentary on Fasting Rajab
  • Hadiths on Rajab
  • Dancing
  • Dancing with Liberalism
  • The Prophet's Ascension-Part 1
  • The Prophet's Ascension-Part 2
  • The Prophet's Ascension-Part 3
  • Anatomy of Islam
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  • Is Alcohol a Disease?
  • Taraweeh Prayer: 8 Rakah or 20?
  • Meanings of Sayyid and Master
  • Head cover for men
  • Muhammad in the Bible
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  • Adoption and mahram relationship
  • Permissability of following more than one madhhab
  • Belief in a prophet after Muhammad (s)
  • A few questions about HADITH Organization:
  • Responsibilities of the Husband and Rights of the Wife in Islam
  • Mixing of men and women during wedding party
  • 73 groups and only one in paradise
  • Four wives
  • Why is cremation forbidden in Islam?
  • Gift Rewarding
  • Do the dead hear the address of the living?
  • Jihad
  • Woman leading women in prayer
  • Do Prophets Sin?
  • Naked Women in Graveyards
  • Making Sajdah
  • Putting the finger down after pointing
  • A HISTORICAL BACKGROUND OF THE REFUTATION OF THE HADITH AND THE AUTHENTICITY OF ITS COMPILATION
  • Type of dhikr during Eid days
  • Can muslim male wear silver chain and bracelet
  • THE VEIL IN ISLAM
  • How to feel khushu in salat
  • Praying behind an imam of a different madhhab or an imam who follows another madhhab than his own on a given issue
  • Can non-Muslim children inherit from their Muslim father
  • Women traveling without a mahram
  • Assisted suicide
  • Women Scholars
  • Read from an open mushaf held while he is praying
  • Marriage without parents' approval
  • Handling the Quran
  • Alcohol in cosmetics and perfumes
  • The word Ummi
  • Christian Paganism
  • Doubts after urination
  • Zakat on women's jewelry
  • Remove hijab in front of non-muslim women
  • Handling Quran by Non Muslims
  • Blood transfusions
  • Wedding dinners
  • Who is Abdul Qadir al-Arnaut?
  • Jihad is the pillar of Islam and its topmost part
  • Islamic evidence to support the fact that this dhikr has benefits
  • The Belly of a Disbeliever
  • The Veil in Islam
  • Scientific experimentation using live animals
  • Measures taken to consume halal food
  • On apostasy
  • Is Juma held when Eid falls on Friday?
  • Christian Islam
  • Fatwa by Bin Baz on seeing the Prophet (SAWS)
  • About Homosexuality
  • Who are Ahl al-Bayt
  • Hadith on the Mahdi (AS)
  • Obeying the laws of the land
  • If Jesus wasn't crucified, what really did happen?
  • Respecting the Quran
  • Conquest of Constantinople
  • Muslim inherits from non-muslim
  • Segregation between men and women
  • What should I do about going to church
  • About those who attack the Sahaba
  • Invoking blessings (salawat) on other than the Prophet
  • IBN ABI `ABLA (>60-151/152)
  • Khalid ibn Sinan
  • WAHDAT-AL-WUJUD
  • Is it permissible for a muslim to celebrate his birthday?
  • Passing around donation box during the khutbah
  • Where to spend zakat money
  • Does Islam emphasizes law and force over love and mutual forgiveness?
  • Hadith in Bukhari which says that prophet Ibrahim(AS) lied on three occasions
  • Madhhabs and Saved Group [new]
  • How and when does one perform the Istikhara prayer
  • Praying for the dead and what benefits them
  • Circumcision and Health
  • Origin of Circumcision
  • Children in the hereafter
  • What are the verses of protection against the false messiah
  • Sleep and renewing wud`u
  • Degrees of sin
  • Shahada sufficient?
  • Good books on tasawwuf
  • The occupation of  Prophet Mohammad [PBUH] before he got Risalat.
  • Position of Hands During Salat according to Maliki School [new]
  • Divorce: Conditions for Wife to Initiate
  • Limit on the allowed number of nawafil prayer
  • Shortening the prayer
  • Zakat on jewelry from the Shafi`i madhhab
  • Mahram
  • Will women also get men in paradise?
  • Women dress code
  • Is it permissable for a husband to have breast milk from is wife
  • Hadith: The Black Dog is a Devil
  • Funeral etiquette
  • Responsibilities at reaching puberty
  • On Khidr (peace upon him)

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