Fiqh of Islam

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 (pbuh).

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.

Shari'ah in Muslim Life

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 (pbuh) 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 (pbuh), 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 pray, types of usury); and gave some rulings regarding matters not explicitly stated in the Qur'an (e.g. wearing silk clothes for men).

1-Qur'an - Ideology and faith, Behavior and manners

Practical manners

• Articles of worship
• Day-to-day activities

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

2-Sunnah of the prophet- Sayings, Actions, Concurrence with others' actions, and the Characteristics of the Prophet Muhammad.

The Sources of Islamic Law

The law in Islam is based upon these four main sources:

The Qur'an

All of Muslims believe the Qur'an to be the direct words of Allah, as revealed to and transmitted by the Prophet Muhammad. All sources of Islamic law must be in essential agreement with the Qur'an, the most fundamental source of Islamic knowledge. When the Qur'an itself does not speak directly or in detail about a certain subject, Muslims only then turn to alternative sources of Islamic law.

The Sunnah

Sunnah is the traditions or known practices of the Prophet Muhammad, many of which have been recorded in the volumes of Hadith literature. The resources include many things that he “said, did, or agreed to” and he lived his life according to the Qur'an, putting the Qur'an into practice in his own life.

During his lifetime, the Prophet's family and companions observed him and shared with others exactly what they had seen in his words and behaviors - i.e. how he performed ablutions, how he prayed, and how he performed many other acts of worship. People also asked the Prophet directly for rulings on various matters, and he would pronounce his judgment. All of these details were passed on and recorded, to be referred to in future legal rulings. Many issues concerning personal conduct, community and family relations, political matters, etc. were addressed during the time of the Prophet, decided by him, and recorded. The Sunnah can thus clarify details of what is stated generally in the Qur'an.

Ijma' (consensus)

In some situations when Muslims have not been able to find a specific legal ruling in the Qur'an or Sunnah, the consensus of the community is sought (or at least the consensus of the legal scholars within the community). The Prophet Muhammad once said that his community (i.e. the Muslim community) would never agree on an error.

Qiyas (analogy)

In cases when something new which needs a legal ruling, but has not been clearly addressed in the other sources, judges may use analogy, reasoning, and legal precedent to decide new case law but it still must follow the guide from Quran and Sunnah. This is often the case when a general principle can be applied to new situations.