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FIQH (ISLAMIC JURISPRUDENCE)Luky Fitri Angraeni 14312206Citra Adetia Rahayu 14312222Shafira Nurannisa 14312310Ciane Pramitya NawangsariLyanda Pasadhini 14312513
The Meaning of Fiqh
EthicsTheology
Books of fiqhActions
legal terminolog
y
The Meaning of FiqhTheology: what is obligatory for Muslim to believe about Allah, his angels, books, messengers and the Day of Judgment.Ethics: the positive traits that Muslim must obtain and the negative traits that he must stay away from.Actions: the actions that Muslim must performTechnical/legal terminology: fiqh means the science of Islamic jurisprudence; and the person learned in it is called faqeeh.
Books of fiqh: includes everything that has to do with all aspects of man's life.Everything that is studied today including foundational laws, city management, family relations, individual actions, management, politics, etc is found in the different sections of fiqh**Shahīd Muttaharī, Madkhal Ila al-‛Ulūm al-Islamīyyah, page 45
The Meaning of FiqhAccording to the Scholars
Department of Accounting 2014International Program UII
Fiqh according to the scholars has the following meaning: “The collection of rulings or laws, (taken from) Shariah, dealing with actions, by which every Muslim is required to live. It is important to know that these rulings deal with the individual as well as the society.”
Fiqh-ul-Ebadaat Sh. Faisal Mawlawi
The Meaning of Fiqh
Imam Abu Haneefah defines fiqh as the sole cognizance of the rights and obligations, thus emphasizing the moral aspect.Asshafiee defines fiqh as the knowledge of laws of the shari’ah relating to man’s acts and which is derived from specific sources.Imam Malik calls it the science of the commands of shari’ah in matters deduced by the application of a process of reasoning.
Department of Accounting 2014International Program UII
Two Sources of Fiqh There are two main sources of knowledge of fiqh: the Quran and the Hadith. a) Holy Qur’an. Holy Qur’an is the word of Allah as revealed to Holy Prophet (SAW)b) Sunnah means the sayings, actions and silent approval of the Holy Prophet (PBUH) and the Holy Imams (AS). There are over 6000 Quranic verses and around 70,000 hadiths (Sunnah). Both the Holy Qur’an and Sunnah have equal status as far as wajibat is concerned. If one wajib is mentioned in Sunnah only, it has same weight as one wajib mentioned in Quran only.Department of Accounting 2014International Program UII
IMPORTANCE OF FIQHAccording to Hadees of Imam Ali (AS), anyone who follows Islam without the knowledge of fiqh is on the right path but is going in the wrong direction.! In Islam, lack of knowledge of fiqh (shariah) is not an excuse for not following tenets of Islam correctly.Lack of knowledge of fiqh about a good deed can sometime lead to punishment (azaab) instead of reward (sawab) from Allah even though the intention may initially be good. There are many examples of this.
Department of Accounting 2014International Program UII
Story of a wife, who after the death of her husband, donated all his property and wealth to the poor, but she earned hellfire because she did not know the rules of fiqh that after the husband’s death, his property and wealth must be distributed to heirs according to the Islamic laws of inheritance.According to fiqh, the wife gets only a small portion of husband's property and wealth. After husband's death, she can not even spend his money on his children unless the husband has made her as his wali (guardian) during his life time or through a will. Writing of Will (wasiyah) is very important for people living in the West.
Islamic jurisprudence (fiqh) covers two main areas
Rules in relation to actions, and,Rules in relation to circumstances surrounding actions.
Rules in relation to circumstances (wadia') comprise:Condition (shart)Cause (sabab)Preventor (mani)Permit / Enforced (rukhsah, azeemah)Valid / Corrupt / Invalid (sahih, fasid, batil)In time / Deferred / Repeat (adaa, qadaa, i'ada
These types of rules can also fall into two groups:Worship (Ibadaat)Dealings & Transactions (with people) (Mu`amalaat)Rules in relation to actions ('amaliyya — :comprise (عمليةObligation (fardh)Recommendation (mustahabb)Permissibility (mubah)Disrecommendation (makrooh)Prohibition (haraam)
The Comprehensiveness of Fiqh
1. Worship- this aspect of Fiqh is dealing with salah, Zakaah, Siyaam, and hajj.
2. Family issues- this aspect of fiqh is dealing with the family from the beginning to the end. Such as the conditions for a sound marriage divorce and so forth.
3. Transactions- this aspect of fiqh is related to how we cooperate with each other in society. An example would be buying and selling goods.
4. Politics- this aspect of fiqh deals with the organization of government and governmental organizations in regards to the Muslim nation.
5. Peace and war- this aspect of fiqh deals with foreign relations with other countries depending on the current condition that exist between the Islamic state and those countries.
The current schools of jurisprudence
Hanafi (Turkey, the Balkans, Central Asia, Indian subcontinent,China and Egypt)Maliki (North Africa, West Africa and several of the Arab states of the Persian Gulf)Shafi'i (Kurdistan, Indonesia, Malaysia, Egypt, East Africa, Yemen,Somalia and southern parts of India)Hanbali (Saudi Arabia) see WahhabismZahiri (minority communities in Morocco and Pakistan)Qurtubi No longer existsLaythi No longer exists
Conclusion
We conclude the following points:Fiqh is the knowledge of the Islamic ruling pertaining to conduct of the people.these conducts include the physical acts, the heart acts and the tongue acts which can be observed in form of speech or statement or world.اللسان ـ القلب ـ الجوارحThe person who is qualified to acquire this knowledge is al faqih (the jurist), therefore the other scholars are not qualify. The fiqh is derived from specific evidence found in the Quran and Sunnah and other sources.
Conclusion The fiqh as knowledge is not a combination of individual opinion and point of views base on the pure reasoning, but it is governed by the rules of interpretation (Usul fiqh). the early definition of fiqh was base on Abu Hanifa definition which is:(the knowledge of soul, its right and obligations لها ما النفس معرفة
عليها وماwhich gives a very wider scope of this discipline.however the scholars narrow down the meaning of fiqh to be more focus and precise as we mentioned above.