Fiqh

Fiqh (/fiːk/;[1] Arabic: فقه[fɪqh]) is Islamic jurisprudence.[2] Fiqh is often described as the human understanding of the sharia,[3] that is human understanding of the divine Islamic law as revealed in the Quran and the Sunnah (the teachings and practices of the Islamic prophet Muhammad and His companions). Fiqh expands and develops Shariah through interpretation (ijtihad) of the Quran and Sunnah by Islamic jurists (ulama)[3] and is implemented by the rulings (fatwa) of jurists on questions presented to them. Thus, whereas sharia is considered immutable and infallible by Muslims, fiqh is considered fallible and changeable. Fiqh deals with the observance of rituals, morals and social legislation in Islam as well as political system. In the modern era, there are four prominent schools (madh'hab) of fiqh within Sunni practice, plus two (or three) within Shi'a practice. A person trained in fiqh is known as a faqīh (plural fuqaha).[4]

Figuratively, fiqh means knowledge about Islamic legal rulings from their sources and deriving religious rulings from their sources necessitates the mujtahid (an individual who exercises ijtihad) to have a deep understanding in the different discussions of jurisprudence. A faqīh must look deep down into a matter and not suffice himself with just the apparent meaning, and a person who only knows the appearance of a matter is not qualified as a faqīh.[2]

The studies of fiqh, are traditionally divided into Uṣūl al-fiqh (principles of Islamic jurisprudence, lit. the roots of fiqh), the methods of legal interpretation and analysis; and Furūʿ al-fiqh (lit. the branches of fiqh), the elaboration of rulings on the basis of these principles.[5][6] Furūʿ al-fiqh is the product of the application of Uṣūl al-fiqh and the total product of human efforts at understanding the divine will. A hukm (plural aḥkām) is a particular ruling in a given case.

Fiqh
Arabicفقه
RomanizationFiqh
Literal meaning"deep understanding"
"full comprehension"

Etymology

The word fiqh is an Arabic term meaning "deep understanding"[7]:470 or "full comprehension". Technically it refers to the body of Islamic law extracted from detailed Islamic sources (which are studied in the principles of Islamic jurisprudence) and the process of gaining knowledge of Islam through jurisprudence. The historian Ibn Khaldun describes fiqh as "knowledge of the rules of God which concern the actions of persons who own themselves connected to obey the law respecting what is required (wajib), sinful (haraam), recommended (mandūb), disapproved (makrūh) or neutral (mubah)".[8] This definition is consistent amongst the jurists.

In Modern Standard Arabic, fiqh has come to mean jurisprudence in general, be it Islamic or secular. It is thus possible to speak of Chief Justice John Roberts as an expert in the common law fiqh of the United States, or of Egyptian legal scholar Abd El-Razzak El-Sanhuri as an expert in the civil law fiqh of Egypt.

History

The history of Islamic jurisprudence is "customarily divided into eight periods":[9]

  • the first period ending with the death of Muhammad in 11 AH.[9]
  • second period "characterized by personal interpretations" of the canon by the Sahabah or companions of Muhammad, lasting until 50 AH.[9]
  • from 50 AH until the early second century AH there was competition between a "a traditionalist approach to jurisprudence" in western Arabia where Islam was revealed and a "rationalist approach in Iraq".[9]
  • the "golden age of classical Islamic jurisprudence" from the "early second to the mid-fourth century when the eight "most significant" schools of Sunni and Shi'i jurisprudence emerged."[9]
  • from the mid-fourth century to mid-seventh AH Islamic jurisprudence was "limited to elaborations within the main juristic schools".[9]
  • the "dark age" of Islamic jurisprudence stretched from the fall of Baghdad in the mid-seventh AH (1258 CE) to 1293 AH/1876 CE.
  • In 1293 AH (1876 CE) the Ottomans codified Hanafi jurisprudence in the Majallah el-Ahkam-i-Adliya. Several "juristic revival movements" influenced by "exposure to Western legal and technological progress" followed until the mid-20th century CE. Muhammad Abduh and Abd El-Razzak El-Sanhuri were products of this era.[9]
  • The most recent era has been that of the "Islamic revival", which has been "predicated on rejection of Western social and legal advances" and the development of specifically Islamic states, social sciences, economics, and finance.[9]

The formative period of Islamic jurisprudence stretches back to the time of the early Muslim communities. In this period, jurists were more concerned with issues of authority and teaching than with theory and methodology.[10]

Progress in theory and methodology happened with the coming of the early Muslim jurist Muhammad ibn Idris ash-Shafi`i (767–820), who codified the basic principles of Islamic jurisprudence in his book ar-Risālah. The book details the four roots of law (Qur'an, Sunnah, ijma, and qiyas) while specifying that the primary Islamic texts (the Qur'an and the hadith) be understood according to objective rules of interpretation derived from scientific study of the Arabic language.[11]

Secondary sources of law were developed and refined over the subsequent centuries, consisting primarily of juristic preference (istihsan), laws of the previous prophets (shara man qablana), continuity (istishab), extended analogy (maslaha mursala), blocking the means (sadd al-dhari'ah), custome urf and saying of a companion (qawl al-sahabi).[12]

Diagram of early scholars

The Quran set the rights, the responsibilities and the rules for people and for societies to adhere to, like not dealing in interest. Muhammad then provided an example, which is recorded in the hadith books, showing people how he practically implemented these rules in a society. After the passing of Muhammad, there was a need for jurists, to decide on new legal matters where there is no such ruling in the Quran or the Hadith, example of Islamic prophet Muhammad regarding a similar case.[13][14]

In the years proceeding Muhammad, the community in Madina continued to use the same rules. People were familiar with the practice of Muhammad and therefore continued to use the same rules.

The scholars appearing in the diagram below were taught by Muhammad's companions, many of whom settled in Madina.[15] Muwatta[16] by Malik ibn Anas was written as a consensus of the opinion, of these scholars.[17][18][19] The Muwatta[16] by Malik ibn Anas quotes 13 hadiths from Imam Jafar al-Sadiq.[20]


Aisha also taught her nephew Urwah ibn Zubayr. He then taught his son Hisham ibn Urwah, who was the main teacher of Malik ibn Anas whose views many Sunni follow and also taught Jafar al-Sadiq. Qasim ibn Muhammad ibn Abu Bakr, Hisham ibn Urwah and Muhammad al-Baqir taught Zayd ibn Ali, Jafar al-Sadiq, Abu Hanifa, and Malik ibn Anas.

Imam Jafar al-Sadiq, Imam Abu Hanifa and Malik ibn Anas worked together in Al-Masjid an-Nabawi in Medina. Along with Qasim ibn Muhammad ibn Abu Bakr, Muhammad al-Baqir, Zayd ibn Ali and over 70 other leading jurists and scholars.

Al-Shafi‘i was taught by Malik ibn Anas. Ahmad ibn Hanbal was taught by Al-Shafi‘i. Muhammad al-Bukhari travelled everywhere collecting hadith and his father Ismail ibn Ibrahim was a student of Malik ibn Anas.[21][22][23][24][25]

In the books actually written by these original jurists and scholars, there are very few theological and judicial differences between them. Imam Ahmad rejected the writing down and codifying of the religious rulings he gave. They knew that they might have fallen into error in some of their judgements and stated this clearly. They never introduced their rulings by saying, "Here, this judgement is the judgement of God and His prophet."[26] There is also very little text actually written down by Jafar al-Sadiq himself. They all give priority to the Qur'an and the Hadith (the practice of Muhammad). They felt that the Quran and the Hadith, the example of Muhammad provided people with almost everything they needed. "This day I have perfected for you your religion and completed My favor upon you and have approved for you Islam as religion" Quran 5:3.[27]

These scholars did not distinguish between each other. They were not Sunni or Shia. They felt that they were following the religion of Abraham as described in the Quran "Say: Allah speaks the truth; so follow the religion of Abraham, the upright one. And he was not one of the polytheists" (Qur'an 3:95).

Most of the differences are regarding Sharia laws devised through Ijtihad where there is no such ruling in the Quran or the Hadiths of Islamic prophet Muhammad regarding a similar case.[26] As these jurists went to new areas, they were pragmatic and continued to use the same ruling as was given in that area during pre-Islamic times, if the population felt comfortable with it, it was just and they used Ijtihad to deduce that it did not conflict with the Quran or the Hadith. As explained in the Muwatta[16] by Malik ibn Anas.[17] This made it easier for the different communities to integrate into the Islamic State and assisted in the quick expansion of the Islamic State.

To reduce the divergence, ash-Shafi'i proposed giving priority to the Qur'an and the Hadith (the practice of Muhammad) and only then look at the consensus of the Muslim jurists (ijma) and analogical reasoning (qiyas).[17] This then resulted in jurists like Muhammad al-Bukhari[28] dedicating their lives to the collection of the correct Hadith, in books like Sahih al-Bukhari. Sahih translates as authentic or correct. They also felt that Muhammad's judgement was more impartial and better than their own.

These original jurists and scholars also acted as a counterbalance to the rulers. When they saw injustice, all these scholars spoke out against it. As the state expanded outside Madina, the rights of the different communities, as they were constituted in the Constitution of Medina still applied. The Quran also gave additional rights to the citizens of the state and these rights were also applied. Ali, Hassan and Hussein ibn Ali gave their allegiance to the first three caliphs because they abided by these conditions. Later Ali the fourth caliph wrote in a letter "I did not approach the people to get their oath of allegiance but they came to me with their desire to make me their Amir (ruler). I did not extend my hands towards them so that they might swear the oath of allegiance to me but they themselves extended their hands towards me".[29] But later as fate would have it (Predestination in Islam) when Yazid I, an oppressive ruler took power, Hussein ibn Ali the grandson of Muhammad felt that it was a test from God for him and his duty to confront him. Then Abd Allah ibn al-Zubayr, Qasim ibn Muhammad ibn Abu Bakr's cousin confronted the Umayyad rulers after Hussein ibn Ali was betrayed by the people of Kufa and killed by Syrian Roman Army now under the control of the Yazid I the Umayyad ruler.[30] Abd Allah ibn al-Zubayr then took on the Umayyads and expelled their forces from Hijaz and Iraq. But then his forces were depleted in Iraq, trying to stop the Khawarij. The Ummayads then moved in. After a lengthy campaign, in his last hour Abd Allah ibn al-Zubayr asked his mother Asma' bint Abu Bakr the daughter of Abu Bakr the first caliph for advice. Asma' bint Abu Bakr replied to her son, she said:[31] "You know better in your own self, that if you are upon the truth and you are calling towards the truth go forth, for people more honourable than you have been killed and if you are not upon the truth, then what an evil son you are and you have destroyed yourself and those who are with you. If you say, that if you are upon the truth and you will be killed at the hands of others, then you will not truly be free". Abd Allah ibn al-Zubayr left and was later also killed and crucified by the Syrian Roman Army now under the control of the Umayyads and led by Hajjaj. Muhammad ibn Abi Bakr the son of Abu Bakr the first caliph and raised by Ali the fourth caliph was also killed by the Ummayads.[32] Aisha then raised and taught his son Qasim ibn Muhammad ibn Abu Bakr who later taught his grandson Jafar al-Sadiq.

During the early Ummayad period, there was more community involvement. The Quran and Muhammad's example was the main source of law after which the community decided. If it worked for the community, was just and did not conflict with the Quran and the example of Muhammad, it was accepted. This made it easier for the different communities, with Roman, Persian, Central Asia and North African backgrounds to integrate into the Islamic State and that assisted in the quick expansion of the Islamic State. The scholars in Madina were consulted on the more complex judicial issues. The Sharia and the official more centralized schools of fiqh developed later, during the time of the Abbasids.[33]

Components

Map of the Legal systems of the world (en)
Legal systems of the world

The sources of fiqh in order of importance are

  1. the Qur'an
  2. Hadith
  3. Ijma, i.e. collective reasoning and consensus amongst authoritative Muslims of a particular generation, and its interpretation by Islamic scholars.
  4. Qiyas, i.e. analogy which is deployed if Ijma or historic collective reasoning on the issue is not available.[34]

The Qur'an gives clear instructions on many issues, such as how to perform the ritual purification (wudu) before the obligatory daily prayers (salat), but on other issues, some Muslims believe the Qur'an alone is not enough to make things clear. For example, the Qur'an states one needs to engage in daily prayers (salat) and fast (sawm) during the month of Ramadan but Muslims believe they need further instructions on how to perform these duties. Details about these issues can be found in the traditions of Muhammad, so Qur'an and Sunnah are in most cases the basis for (Shariah).

Some topics are without precedent in Islam's early period. In those cases, Muslim jurists (Fuqaha) try to arrive at conclusions by other means. Sunni jurists use historical consensus of the community (Ijma); a majority in the modern era also use analogy (Qiyas) and weigh the harms and benefits of new topics (Istislah), and a plurality utilizes juristic preference (Istihsan). The conclusions arrived at with the aid of these additional tools constitute a wider array of laws than the Sharia consists of, and is called fiqh. Thus, in contrast to the sharia, fiqh is not regarded as sacred and the schools of thought have differing views on its details, without viewing other conclusions as sacrilegious. This division of interpretation in more detailed issues has resulted in different schools of thought (madh'hab).

This wider concept of Islamic jurisprudence is the source of a range of laws in different topics that guide Muslims in everyday life.

Component categories

Islamic jurisprudence (fiqh) covers two main areas:

  1. Rules in relation to actions, and,
  2. Rules in relation to circumstances surrounding actions.

These types of rules can also fall into two groups:

  1. Worship (Ibadaat)
  2. Dealings and transactions (with people) (Mu`amalaat)

Rules in relation to actions ('amaliyya — عملية) or "decision types" comprise:

  1. Obligation (fardh)
  2. Recommendation (mustahabb)
  3. Permissibility (mubah)
  4. Disrecommendation (makrooh)
  5. Prohibition (haraam)

Rules in relation to circumstances (wadia') comprise:

  1. Condition (shart)
  2. Cause (sabab)
  3. Preventor (mani)
  4. Permit / Enforced (rukhsah, azeemah)
  5. Valid / Corrupt / Invalid (sahih, fasid, batil)
  6. In time / Deferred / Repeat (adaa, qadaa, i'ada)

Methodologies of jurisprudence

The modus operandi of the Muslim jurist is known as usul al-fiqh ("principles of jurisprudence").

There are different approaches to the methodology used in jurisprudence to derive Islamic law from the primary sources. The main methodologies are those of the Sunni, Shi'a and Ibadi denominations. While both Sunni and Shi'ite (Shia) are divided into smaller sub-schools, the differences among the Shi'ite schools is considerably greater. Ibadites only follow a single school without divisions.

Fatawa

While using court decisions as legal precedents and case law are central to Western law, the importance of the institution of fatawa (non-binding answers by Islamic legal scholars to legal questions) has been called "central to the development" of Islamic jurisprudence.[35] This is in part because of a "vacuum" in the other source of Islamic law, qada` (legal rulings by state appointed Islamic judges) after the fall of the last caliphate the Ottoman Empire.[9] While the practice in Islam dates back to the time of Muhammad, according to at least one source (Muhammad El-Gamal), it is "modeled after the Roman system of responsa," and gives the questioner "decisive primary-mover advantage in choosing he question and its wording."[9]

Arguments for and against reform

Each school (madhhab) reflects a unique al-urf or culture (a cultural practice that was influenced by traditions), that the classical jurists themselves lived in, when rulings were made. Some suggest that the discipline of isnad, which developed to validate hadith made it relatively easy to record and validate also the rulings of jurists. This, in turn, made them far easier to imitate (taqlid) than to challenge in new contexts. The argument is, the schools have been more or less frozen for centuries, and reflect a culture that simply no longer exists. Traditional scholars hold that religion is there to regulate human behavior and nurture people's moral side and since human nature has not fundamentally changed since the beginning of Islam a call to modernize the religion is essentially one to relax all laws and institutions.

Early shariah had a much more flexible character, and some modern Muslim scholars believe that it should be renewed, and that the classical jurists should lose special status. This would require formulating a new fiqh suitable for the modern world, e.g. as proposed by advocates of the Islamization of knowledge, which would deal with the modern context. This modernization is opposed by most conservative ulema. Traditional scholars hold that the laws are contextual and consider circumstance such as time, place and culture, the principles they are based upon are universal such as justice, equality and respect. Many Muslim scholars argue that even though technology may have advanced, the fundamentals of human life have not.

Fields of jurisprudence

Schools of jurisprudence

There are several schools of fiqh thought (Arabic: مذهبmaḏhab; pl. مذاهب maḏāhib)

Madhhab Map3
Map of the Muslim world with the main madh'habs.

The schools of Sunni Islam are each named by students of the classical jurist who taught them. The Sunni schools (and where they are commonly found) are

The schools of Shia Islam comprise:

Entirely separate from both the Sunni and Shia traditions, Khawarij Islam has evolved its own distinct school.

These schools share many of their rulings, but differ on the particular hadiths they accept as authentic and the weight they give to analogy or reason (qiyas) in deciding difficulties.

The relationship between (at least the Sunni) schools of jurisprudence and the conflict between the unity of the Shariah and the diversity of the schools, was expressed by the 12th century Hanafi scholar Abu Hafs Umar an-Nasafi, who wrote: `Our school is correct with the possibility of error, and another school is in error with the possibility of being correct.”[36]

Possible links with Western law

A number of important legal institutions were developed by Muslim jurists during the classical period of Islam, known as the Islamic Golden Age. One such institution was the Hawala, an early informal value transfer system, which is mentioned in texts of Islamic jurisprudence as early as the 8th century. Hawala itself later influenced the development of the agency in common law and in civil laws such as the aval in French law and the avallo in Italian law.[37] The "European commenda" (Islamic Qirad) used in European civil law may have also originated from Islamic law.[38]

The Waqf in Islamic law, which developed during the 7th–9th centuries, bears a notable resemblance to the trusts in the English trust law.[39] For example, every Waqf was required to have a waqif (settlor), mutawillis (trustee), qadi (judge) and beneficiaries.[40] The trust law developed in England at the time of the Crusades, during the 12th and 13th centuries, was introduced by Crusaders who may have been influenced by the Waqf institutions they came across in the Middle East.[41][42]

The Islamic lafif was a body of twelve members drawn from the neighbourhood and sworn to tell the truth, who were bound to give a unanimous verdict, about matters "which they had personally seen or heard, binding on the judge, to settle the truth concerning facts in a case, between ordinary people, and obtained as of right by the plaintiff." The only characteristic of the English jury which the Islamic lafif lacked was the "judicial writ directing the jury to be summoned and directing the bailiff to hear its recognition." According to Professor John Makdisi, "no other institution in any legal institution studied to date shares all of these characteristics with the English jury." It is thus likely that the concept of the lafif may have been introduced to England by the Normans, who conquered both England and the Emirate of Sicily, and then evolved into the modern English jury.[38]

Several other fundamental common law institutions may have been adapted from similar legal institutions in Islamic law and jurisprudence, and introduced to England by the Normans after the Norman conquest of England and the Emirate of Sicily, and by Crusaders during the Crusades. In particular, the "royal English contract protected by the action of debt is identified with the Islamic Aqd, the English assize of novel disseisin is identified with the Islamic Istihqaq, and the English jury is identified with the Islamic lafif." Other English legal institutions such as "the scholastic method, the licence to teach", the "law schools known as Inns of Court in England and Madrasas in Islam" and the "European commenda" (Islamic Qirad) may have also originated from Islamic law.[38] The methodology of legal precedent and reasoning by analogy (Qiyas) are also similar in both the Islamic and common law systems.[43] These influences have led some scholars to suggest that Islamic law may have laid the foundations for "the common law as an integrated whole".[38]

See also

Notes

  1. ^ "fiqh". Collins English Dictionary.
  2. ^ a b Fiqh Encyclopædia Britannica
  3. ^ a b Vogel, Frank E. (2000). Islamic Law and the Legal System of Saudí: Studies of Saudi Arabia. Brill. pp. 4–5. ISBN 9004110623.
  4. ^ Glasse, Cyril, The New Encyclopedia of Islam, Altamira, 2001, p. 141
  5. ^ Calder 2009.
  6. ^ Schneider 2014.
  7. ^ Mohammad Taqi al-Modarresi (26 March 2016). The Laws of Islam (PDF). Enlight Press. ISBN 978-0994240989. Retrieved 22 December 2017.
  8. ^ Levy (1957). p. 150.
  9. ^ a b c d e f g h i j El-Gamal, Islamic Finance, 2006: pp. 30–31
  10. ^ Weiss, Bernard G. (2002). Studies in Islamic Legal Theory, edited by Bernard G. Weiss, (Leiden: E. J. Brill, 2002. pp. 3, 161.)
  11. ^ Weiss, Bernard G. (2002). Studies in Islamic Legal Theory, edited by Bernard G. Weiss, (Leiden: E. J. Brill, 2002. p. 162.)
  12. ^ Nyazee, Imran Ahsan Khan (2000). Islamic Jurisprudence (UsulAI-Fiqh). Islamabad: Islamic Research Institute Press.
  13. ^ Islam Vs. West.
  14. ^ Islamic State Practices, International Law and the Threat from Terrorism.
  15. ^ "ulama".
  16. ^ a b c "Muwatta".
  17. ^ a b c A History of Islamic Law.
  18. ^ E. J. Brill's First Encyclopaedia of Islam, 1913–1936.
  19. ^ Studies in Islamic History and Civilization.
  20. ^ Al-Muwatta of Imam Malik Ibn Anas, translated by Aisha Bewley (Book #5, Hadith #5.9.23) (Book #16, Hadith #16.1.1) (Book #17, Hadith #17.24.43) (Book #20, Hadith #20.10.40) (Book #20, Hadith #20.11.44) (Book #20, Hadith #20.32.108) (Book #20, Hadith #20.39.127) (Book #20, Hadith #20.40.132) (Book #20, Hadith #20.49.167) (Book #20, Hadith #20.57.190) (Book #26, Hadith #26.1.2) (Book #29, Hadith #29.5.17) (Book #36, Hadith #36.4.5) Al-Muwatta'
  21. ^ Understanding Women in Islam.
  22. ^ Classical Islam.
  23. ^ Judaism and Islam in Practice.
  24. ^ "Jafar Al-Sadiq".
  25. ^ "IMAM JAFAR BIN MUHAMMAD AS-SADIQ (AS)".
  26. ^ a b Modernist Islam, 1840–1940.
  27. ^ "Surat Al-Ma'idah [5:3] - The Noble Qur'an - القرآن الكريم". Archived from the original on 25 September 2013. Quran Surah Al-Maaida ( Verse 3 )
  28. ^ Bukhari, Sahih. "Sahih Bukhari : Read, Study, Search Online".
  29. ^ Nahj ul Balagha Letter 54
  30. ^ Najeebabadi, Akbar Shah (2001). The History of Islam V.2. Riyadh: Darussalam. p. 110. ISBN 9960-892-88-3.
  31. ^ "The Advice of Asmaa bint Abu Bakr (ra) to her son Abdullah Ibn Zubair (ra)".
  32. ^ Nahj al-Balagha Sermon 71, Letter 27, Letter 34, Letter 35
  33. ^ Muawiya Restorer of the Muslim Faith By Aisha Bewley p. 68
  34. ^ Irshad Abdel Haqq. Ramadan, Hisham M. (ed.). Understanding Islamic Law: From Classical to Contemporary. Rowman Altamira. Retrieved 17 August 2016.
  35. ^ El-Gamal, Islamic Finance, 2006: p. 32
  36. ^ Brown, Jonathan A.C. (2014). Misquoting Muhammad: The Challenge and Choices of Interpreting the Prophet's Legacy. Oneworld Publications. pp. 50–51. ISBN 978-1780744209. Retrieved 4 June 2018.
  37. ^ Badr, Gamal Moursi (Spring 1978). "Islamic Law: Its Relation to Other Legal Systems". The American Journal of Comparative Law. American Society of Comparative Law. 26 (2 – Proceedings of an International Conference on Comparative Law, Salt Lake City, Utah, 24–25 February 1977): 187–198 [196–98]. doi:10.2307/839667. JSTOR 839667.
  38. ^ a b c d Makdisi 1999
  39. ^ Gaudiosi 1988
  40. ^ Gaudiosi 1988, pp. 1237–40
  41. ^ Hudson 2003, p. 32
  42. ^ Gaudiosi 1988, pp. 1244–45
  43. ^ El-Gamal, Mahmoud A. (2006). Islamic Finance: Law, Economics, and Practice. Cambridge University Press. p. 16. ISBN 0-521-86414-3.

References

Further reading

External links

Abu Hanifa

Abū Ḥanīfa al-Nuʿmān b. Thābit b. Zūṭā b. Marzubān (Arabic: أبو حنيفة نعمان بن ثابت بن زوطا بن مرزبان‎; c. 699 – 767 CE), known as Abū Ḥanīfa for short, or reverently as Imam Abū Ḥanīfa by Sunni Muslims, was an 8th-century Sunni Muslim theologian and jurist of Persian origin, who became the eponymous founder of the Hanafi school of Sunni jurisprudence, which has remained the most widely practiced law school in the Sunni tradition. He is often alluded to by the reverential epithets al-Imām al-aʿẓam ("The Great Imam") and Sirāj al-aʾimma ("The Lamp of the Imams") in Sunni Islam.Born to a Muslim family in Kufa, Abu Hanifa is known to have travelled to the Hejaz region of Arabia in his youth, where he studied under the most renowned teachers in Mecca and Medina at the time. As his career as a theologian and jurist progressed, Abu Hanifa became known for favoring the use of reason in his legal rulings (faqīh dhū raʾy) and even in his theology. Abu Hanifa's theological school is what would later develop into the Maturidi school of Sunni theology.

He is also considered a renowned Islamic scholar and personality by Sunni Muslims.

Al-Shafi‘i

Abū ʿAbdullāh Muhammad ibn Idrīs al-Shāfiʿī (Arabic: أبـو عـبـد الله مـحـمـد ابـن إدريـس الـشـافـعيّ‎)

(767–820 CE, 150–204 AH) was an Arab Muslim theologian, writer, and scholar, who was the first contributor of the principles of Islamic jurisprudence (Uṣūl al-fiqh). Often referred to as 'Shaykh al-Islām', al-Shāfi‘ī was one of the four great Imams, whose legacy on juridical matters and teaching eventually led to the Shafi'i school of fiqh (or Madh'hab). He was the most prominent student of Imam Malik ibn Anas and he also served as the Governor of Najar. Born in Gaza, he also lived in Mecca, Medina, Yemen, Egypt and Baghdad.

Burhan al-Din al-Marghinani

Burhān al-Dīn Abu’l-Ḥasan ‘Alī bin Abī Bakr bin ‘Abd al-Jalīl al-Farghānī al-Marghīnānī (Arabic: برهان الدين المرغيناني‎) was an Islamic scholar of the Hanafi school of jurisprudence. He was born in Marghinan near Farghana in 530/1135 (in present day Uzbekistan) He died in 593/1197. He is best known as the author of al-Hidayah, which is considered to be one of the most influential compendia of Hanafi jurisprudence (fiqh).

Faqīh

A faqīh (plural fuqahā, Arabic: فقيه, pl. فقهاء‎) is an Islamic jurist, an expert in fiqh, or Islamic jurisprudence and Islamic Law.

Fard

Farḍ (Arabic: فرض‎) or farīḍah (فريضة) in Islam is a religious duty commanded by Allah (God). The word is also used in Persian, Pashto, Turkish, and Urdu (spelled farz) in the same meaning. Muslims who obey such commands or duties are said to receive hasanat, ajr or thawab each time for each good deed.

Fard or its synonym wājib (واجب) is one of the five types of ahkam into which fiqh categorizes acts of every Muslim. The Hanafi fiqh, however, makes a distinction between wajib and fard, the latter being obligatory and the former merely necessary.

Galibi Order

The Galibi Order of Sufism is a descendant of the Qadiriya and Rifa'iya orders – the integration of the earliest and the most popular orders established in Islam. It has been called as Qadiriyyah-Rufai order until the order branched off its ancestor school in 1993, and began to be called after the name of its sheikh, Galip Hasan Kuşçuoğlu. The Order's central dargah is in Ankara and it has various branches throughout Turkey (e.g., Istanbul, Çorum, Adana, Gaziantep, Kütahya, Isparta, Antalya). The Galibi are Hanifi in fiqh and Alevi in disposition.

Guardianship of the Islamic Jurist

The Guardianship of the Islamic Jurist, also called the Governance of the Jurist (Persian: ولایت فقیه‎, Vilayat-e Faqih; Arabic: ولاية الفقيه‎, Wilayat al-Faqih), is a post-Occultation theory in Shia Islam which holds that Islam gives a faqīh (Islamic jurist) custodianship over people. Ulama supporting the theory disagree over how encompassing custodianship should be. One interpretation – Limited Guardianship of the Islamic Jurist – holds that guardianship should be limited to non-litigious matters (al-omour al-hesbiah) including religious endowments (Waqf) judicial matters and the property for which no specific person is responsible. Another – Absolute Guardianship of the Islamic Jurist – maintains that Guardianship should include all issues for which ruler in the absence of Imams have responsibility, including governance of the country.

The idea of guardianship as rule was advanced by the Ayatollah Ruhollah Khomeini in a series of lectures in 1970 and now forms the basis of the Constitution of the Islamic Republic of Iran. The constitution of Iran calls for a faqih, or Vali-ye faqih (Guardian Jurist), to serve as the Supreme Leader of the government. In the context of Iran, Guardianship of the Islamic Jurist is often referred to as "rule by the jurisprudent", or "rule of the Islamic jurist".

Hanafi

The Hanafi (Arabic: حنفي‎ Ḥanafī) school is one of the four religious Sunni Islamic schools of jurisprudence (fiqh). It is named after the scholar Abū Ḥanīfa an-Nu‘man ibn Thābit (d. 767), a tabi‘i whose legal views were preserved primarily by his two most important disciples, Abu Yusuf and Muhammad al-Shaybani. The other major schools of Sharia in Sunni Islam are Maliki, Shafi`i and Hanbali.The Hanafi school is the maddhab with the largest number of followers among Sunni Muslims. It is predominant in the countries that were once part of the historic Ottoman Empire, Mughal Empire and Sultanates of Turkic rulers in the South Asia, northwest China and Central Asia. In the modern era, Hanafi is prevalent in the following regions: Turkey, the Balkans, Syria, Lebanon, Jordan, Palestine, Egypt, parts of Iraq, parts of Iran, parts of Russia, Turkmenistan, Kazakhstan, Kyrgyzstan, Tajikistan, Uzbekistan, Afghanistan, Pakistan, parts of India and China, and Bangladesh.

Ibadah

Ibadah (Arabic: عبادة‎, ‘ibādah, also spelled ibada) is an Arabic word meaning service or servitude. In Islam, ibadah is usually translated as "worship", and ibadat—the plural form of ibadah—refers to Islamic jurisprudence (fiqh) of Muslim religious rituals.

Islamic Fiqh Academy, India

Islamic Fiqh Academy, India (IFA) is a Fiqh (Islamic law) institute in New Delhi, established in 1988. It was registered as a charitable trust in 1990. Maulana Qazi Mujahidul Islam Qasmi was its founder and secretary general until his death. The academy is a registered NGO working as a research-oriented organization since then.

Islamic family jurisprudence

Islamic family jurisprudence is the fiqh of laws and regulations related to maintaining of Muslim famiy, which are taken from Quran, hadith, fatwas of Muslim jurists and ijma of the Muslims. It contains marital, sexual, child upbringing, inheritance and other related subjects.

Ja'fari jurisprudence

Jaʿfari jurisprudence (Persian: فقه جعفری‎; also spelled Jafarite), Jaʿfari school or Jaʿfari fiqh[note A], is the school of jurisprudence (fiqh) in Twelver Shia Islam, named after the sixth Imam, Ja'far al-Sadiq. In Iran, Ja'fari jurisprudence is enshrined in the constitution.It differs from the predominant madhhabs of Sunni jurisprudence in its reliance on ijtihad, as well as on matters of inheritance, religious taxes, commerce, personal status, and the allowing of temporary marriage or mutʿa. Since 1959, Jaʿfari jurisprudence has been afforded the status of “fifth school” along with the four Sunni schools by Azhar University. In addition, it is one of the eight recognized madhhabs listed in the Amman Message of 2004 by the Jordanian monarch, and since endorsed by Sadiq al-Mahdi, former Prime Minister of Sudan.

Madhhab

A madhhab (Arabic: مذهب‎ maḏhab, IPA: [ˈmaðhab], "way to act"; pl. مذاهب maḏāhib, [maˈðaːhɪb]) is a school of thought within fiqh (Islamic jurisprudence).

The major Sunni madhhabs are Hanafi, Maliki, Shafi'i and Hanbali. They emerged in the ninth and tenth centuries CE and by the twelfth century almost all jurists aligned themselves with a particular madhhab. These four schools recognize each other's validity and they have interacted in legal debate over the centuries. Rulings of these schools are followed across the Muslim world without exclusive regional restrictions, but they each came to dominate in different parts of the world. For example, the Maliki school is predominant in North and West Africa; the Hanafi school in South and Central Asia; the Shafi'i school in East Africa and Southeast Asia; and the Hanbali school in North and Central Arabia. The first centuries of Islam also witnessed a number of short-lived Sunni madhhabs. The Zahiri school, which is commonly identified as extinct, continues to exert influence over legal thought. The development of Shia legal schools occurred along the lines of theological differences and resulted in formation of the Twelver, Zaidi and Ismaili madhhabs, whose differences from Sunni legal schools are roughly of the same order as the differences among Sunni schools. The Ibadi legal school, distinct from Sunni and Shia madhhabs, is predominant in Oman.The transformations of Islamic legal institutions in the modern era have had profound implications for the madhhab system. With the spread of codified state laws in the Muslim world, the influence of the madhhabs beyond personal ritual practice depends on the status accorded to them within the national legal system. State law codification commonly drew on rulings from multiple madhhabs, and legal professionals trained in modern law schools have largely replaced traditional ulema as interpreters of the resulting laws. In the 20th century many Islamic jurists began to assert their intellectual independence from traditional madhhabs.The Amman Message, which was endorsed in 2005 by prominent Islamic scholars around the world, recognized four Sunni schools (Hanafi, Maliki, Shafi'i, Hanbali), two Shia schools (Ja'fari, Zaidi), the Ibadi school and the Zahiri school.

Muhammad Zahid al-Kawthari

Muhammad Zahid b. Hasan al-Kawthari (1296 AH – 1371 AH/1879–1952) was the adjunct to the last Shaykh al-Islam of the Ottoman Empire, a Hanafi Ashʿari scholar and a polymath.

Principles of Islamic jurisprudence

Principles of Islamic jurisprudence, also known as Uṣūl al-fiqh (Arabic: أصول الفقه‎, lit. roots of fiqh), are traditional methodological principles used in Islamic jurisprudence (fiqh) for deriving the rulings of Islamic law (sharia).

Traditional theory of Islamic jurisprudence elaborates how the scriptures (Quran and hadith) should be interpreted from the standpoint of linguistics and rhetoric. It also comprises methods for establishing authenticity of hadith and for determining when the legal force of a scriptural passage is abrogated by a passage revealed at a later date. In addition to the Quran and hadith, the classical theory of Sunni jurisprudence recognizes two other sources of law: juristic consensus (ijmaʿ) and analogical reasoning (qiyas). It therefore studies the application and limits of analogy, as well as the value and limits of consensus, along with other methodological principles, some of which are accepted by only certain legal schools (madhhabs). This interpretive apparatus is brought together under the rubric of ijtihad, which refers to a jurist's exertion in an attempt to arrive at a ruling on a particular question. The theory of Twelver Shia jurisprudence parallels that of Sunni schools with some differences, such as recognition of reason (ʿaql) as a source of law in place of qiyas and extension of the notions of hadith and sunnah to include traditions of the imams.

Rada (fiqh)

Raḍāʿ or riḍāʿa (Arabic: رضاع, رضاعة‎ pronounced [rɪˈdˤɑːʕ(æ)], "breastfeeding") is a technical term from Sunni Islamic jurisprudence meaning "the suckling which produces the legal impediment to marriage of foster-kinship". The term derives from the infinitive noun of the Arabic word radiʿa or radaʿa ("he sucked the breast of his mother"). Often it is translated as "fosterage" or "milk kinship".The concept of radāʿ derives from Islamic and pre-Islamic notions concerning the state of consanguinity created between wet nurse and unrelated nursling—that is, a woman and a baby other than her own—through the act of breastfeeding. Radāʿ also defines the links between various relations and family members of both wet nurse and baby, such that not only are the two forbidden in marriage to one another, but so are their relations in various combination (e.g. the nursling's biological brother with the milk-mother's biological daughter). Conversely, the milk-relationship allows usually forbidden familiarities between the two, particularly if the nursling is male and of adult stature, such as viewing the milk-mother unveiled or in private, exactly as if he were a relation.

Shah Waliullah Dehlawi

Quṭb ad-Dīn Aḥmad Walī Allāh ibn ʿAbd ar-Raḥīm al-ʿUmarī ad-Dihlawī (Arabic: قطب الدين أحمد ولي الله بن عبد الرحيم العمري الدهلوي‎‎; 1703–1762), commonly known as Shah Waliullah Dehlawi, was an Islamic scholar, muhaddith reformer, historiographer, bibliographer, theologian, and philosopher.

Tehrik-e-Jafaria

Tehrik-e-Jafaria Pakistan (TJP) (Urdu: تحریکِ جعفریہ‎) is a Shia Muslim sectarian religious organization in Pakistan.

It originated after splitting from Tehrik-e-Nifaz-e-Fiqh-e-Jafaria (Urdu: تحریکِ نفاذِ فقہ جعفریہ‎) which is being led by Agha Syed Hamid Ali Shah Moosavi. After being declared as proscribed by the Government of Pakistan on 14 January 2002, TJP started operating under the new name of Islami Tehrik (Urdu: اسلامی تحریک‎).

It was originally formed in 1979 under the name Tehrik-e-Nifaz-e-Fiqh-e-Jafaria (TNFJ) to resist anti-Shia laws (introduced by General Zia ul Haq during his martial law) by the late Mufti Jafar Hussain, the late Lieutenant Colonel Syed Fida Hussain Naqvi and others, and TJP effectively campaigned against Zia-ul-Haq by besieging the President's Secretariat, Islamabad for several days.

Usuli

Usulis (Arabic: الاصولية‎) are the majority Twelver Shi'a Muslim group. They differ from their now much smaller rival Akhbari group in favoring the use of ijtihad (i.e., reasoning) in the creation of new rules of fiqh; in assessing hadith to exclude traditions they believe unreliable; and in considering it obligatory to obey a mujtahid when seeking to determine Islamically correct behavior.

Since the crushing of the Akhbaris in the late 18th century, it has been the dominant school of Twelver Shi'a and now forms an overwhelming majority within the Twelver Shia denomination.

The name Usuli derives from the term Uṣūl al-fiqh (principles of jurisprudence). In Usuli thought, there are four valid sources of law: the Quran, hadith, ijma' and 'aql. Ijma' refers to a unanimous consensus. Aql, in Shia jurisprudence, is applied to four practical principles which are applied when other religious proofs are not applicable: bara'at (immunity), ihtiyat (recommended precautions), takhyir (selection), and istishab (the presumption of continuity in the previous state).

The term Usuli is also sometimes used to refer more generally to students of usul especially among early Muslims, without regard to Shia Islam. Students/scholars of the principles of fiqh are distinguished from scholars of fiqh itself, whose scholars are known as faqīh (plural fuqahā').

Early Islamic scholars
 
 
 
 
 
 
 
 
Muhammad (570–632) prepared the Constitution of Medina, taught the Quran, and advised his companions
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
`Abd Allah bin Masud (died 650) taughtAli (607–661) fourth caliph taughtAisha, Muhammad's wife and Abu Bakr's daughter taughtAbd Allah ibn Abbas (618–687) taughtZayd ibn Thabit (610–660) taughtUmar (579–644) second caliph taughtAbu Hurairah (603–681) taught
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Alqama ibn Qays (died 681) taught
 
Husayn ibn Ali (626–680) taughtQasim ibn Muhammad ibn Abu Bakr (657–725) taught and raised by AishaUrwah ibn Zubayr (died 713) taught by Aisha, he then taughtSaid ibn al-Musayyib (637–715) taughtAbdullah ibn Umar (614–693) taughtAbd Allah ibn al-Zubayr (624–692) taught by Aisha, he then taught
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Ibrahim al-Nakha’i taught
 
 
Ali ibn Husayn Zayn al-Abidin (659–712) taught
 
 
 
 
Hisham ibn Urwah (667–772) taughtIbn Shihab al-Zuhri (died 741) taughtSalim ibn Abd-Allah ibn Umar taughtUmar ibn Abdul Aziz (682–720) raised and taught by Abdullah ibn Umar
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Hammad bin ibi Sulman taught
 
 
Muhammad al-Baqir (676–733) taughtFarwah bint al-Qasim Abu Bakr's great grand daughter Jafar's mother
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Abu Hanifa (699–767) wrote Al Fiqh Al Akbar and Kitab Al-Athar, jurisprudence followed by Sunni, Sunni Sufi, Barelvi, Deobandi, Zaidiyyah Shia and originally by the Fatimid and taughtZayd ibn Ali (695–740)Ja'far bin Muhammad Al-Baqir (702–765) Ali's and Abu Bakr's great great grand son taughtMalik ibn Anas (711–795) wrote Muwatta, jurisprudence from early Medina period now mostly followed by Sunni in Africa and taught
 
Al-Waqidi (748–822) wrote history books like Kitab al-Tarikh wa al-Maghazi, student of Malik ibn AnasAbu Muhammad Abdullah ibn Abdul Hakam (died 829) wrote biographies and history books, student of Malik ibn Anas
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Abu Yusuf (729–798) wrote Usul al-fiqhMuhammad al-Shaybani (749–805)
 
 
 
Al-Shafi‘i (767–820) wrote Al-Risala, jurisprudence followed by Sunni and taughtIsmail ibn Ibrahim
 
Ali ibn al-Madini (778–849) wrote The Book of Knowledge of the Companions
 
Ibn Hisham (died 833) wrote early history and As-Sirah an-Nabawiyyah, Muhammad's biography
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Isma'il ibn Jafar (719–775)Musa al-Kadhim (745–799)
 
Ahmad ibn Hanbal (780–855) wrote Musnad Ahmad ibn Hanbal jurisprudence followed by Sunni and hadith booksMuhammad al-Bukhari (810–870) wrote Sahih al-Bukhari hadith booksMuslim ibn al-Hajjaj (815–875) wrote Sahih Muslim hadith booksMuhammad ibn Isa at-Tirmidhi (824–892) wrote Jami` at-Tirmidhi hadith booksAl-Baladhuri (died 892) wrote early history Futuh al-Buldan, Genealogies of the Nobles
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Ibn Majah (824–887) wrote Sunan ibn Majah hadith book
 
Abu Dawood (817–889) wrote Sunan Abu Dawood Hadith Book
 
 
 
 
 
 
Muhammad ibn Ya'qub al-Kulayni (864- 941) wrote Kitab al-Kafi hadith book followed by Twelver Shia
 
 
 
 
 
 
 
 
 
 
Muhammad ibn Jarir al-Tabari (838–923) wrote History of the Prophets and Kings, Tafsir al-Tabari
 
Abu al-Hasan al-Ash'ari (874–936) wrote Maqālāt al-islāmīyīn, Kitāb al-luma, Kitāb al-ibāna 'an usūl al-diyāna
 
 
 
 
 
 
Ibn Babawayh (923–991) wrote Man la yahduruhu al-Faqih jurisprudence followed by Twelver Shia
 
Sharif Razi (930–977) wrote Nahj al-Balagha followed by Twelver Shia
 
Nasir al-Din al-Tusi (1201–1274) wrote jurisprudence books followed by Ismaili and Twelver Shia
 
 
Al-Ghazali (1058–1111) wrote The Niche for Lights, The Incoherence of the Philosophers, The Alchemy of Happiness on Sufism
 
Rumi (1207–1273) wrote Masnavi, Diwan-e Shams-e Tabrizi on Sufism
 
 
 
 
 
 
 
Key: Some of Muhammad's CompanionsKey: Taught in MedinaKey: Taught in IraqKey: Worked in SyriaKey: Travelled extensively collecting the sayings of Muhammad and compiled books of hadithKey: Worked in Iran
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