Fiqh

Concept and Definition of Fiqh

Fiqh (Arabic: فقه, “understanding”, “insight”) refers in Islamic jurisprudence to the study of Islamic law (Sharia) and relates to its detailed interpretation and application. Fiqh encompasses knowledge of Islamic legal sources, the derivation of specific legal rulings, and their systematization. In a narrower sense, Fiqh stands for the human process of legal reasoning within the basic principles of Sharia, seeking to clarify and make its divine origin applicable through methodical interpretation.

Historical Development and Sources of Fiqh

Historical Origins

Fiqh developed after the death of the Prophet Muhammad out of the need to adjust the Islamic legal framework to changing realities of life and new circumstances. While Sharia, as the entirety of divine norms, is considered immutable, Fiqh, as a human science of law, is characterized by interpretation, development, and diversity.

Legal Sources of Fiqh (Usul al-Fiqh)

The systematics of Fiqh are based on so-called legal sources, whose significance and order have been established by the Islamic schools of law:

1. Qur’an: Main source of Islamic norms, including not only beliefs but also fundamental legal provisions.
2. Sunna: Actions, sayings, and approvals of the Prophet Muhammad.
3. Ijma’ (Consensus, Iǧmāʿ): Agreement among qualified scholars of an era about a legal issue.
4. Qiyas (Analogical Reasoning): Comparing a new case to existing norms based on similar features.
5. Supplementary use of other methods: For example, the use of “Istihsan” (juridical preference), “Maslaha” (consideration of public interest), or “Urf” (customary law), particularly in certain schools of law.

The Main Currents and Schools of Law in Fiqh

Sunni Schools of Law

Four prominent Sunni schools of law (Madhhab) shape the interpretation and codification of Fiqh:

• Hanafi Fiqh: Characterized by logic and rationality, emphasizes analogical reasoning.
• Maliki Fiqh: Relies particularly on the legal customs of the inhabitants of Medina (amal ahl al-Madina).
• Shafi’i Fiqh: Aims for strict adherence to the text, differentiates between strong and weak Sunna.
• Hanbali Fiqh: Places utmost value on literal transmission.

Each of these schools has modeled Islamic law into different individual legal areas and methodologies.

Shia and Other Schools

In Shia contexts, especially in Twelver Shiism, the Ja’fari School is authoritative, which pursues its own methods and formation of norms.

Systematics of Fiqh: Legal Fields

Fiqh is systematically explained based on different legal areas:

1. Acts of Worship (Ibadat)

This includes regulations concerning:

• Prayer (Salat)
• Fasting (Saum)
• Pilgrimage (Hajj)
• Zakat (obligatory almsgiving)

This part governs the relationship between humans and God.

2. Human Interactions (Muamalat)

Most of Fiqh concerns the regulation of legal relationships among humans, including:

• Civil law (family law, kinship law, inheritance law)
• Contract law (purchase, rent, lease)
• Property law
• Criminal law (Hadd, Qisas, Ta’zir offenses)
• Procedural law (litigation, rules of evidence, witness testimony)

3. Public and Administrative Law

Fiqh further addresses norms for the governance and structure of the community (Siyasa), actions of the ruler, tax law (Kharaj, Jizya), and other public law matters.

4. Ethics and Moral Conduct

Regulations on morality, proper conduct (Adab), hygiene, and prohibitions (Haram, Makruh) are also part of Fiqh.

Method and Systematics of Legal Reasoning (Ijtihad)

Ijtihad – Independent Legal Reasoning

Ijtihad refers to the methodical effort to extract new legal rulings from recognized sources. This requires advanced knowledge and has often been the subject of discussion regarding its legitimacy (closure or openness of Ijtihad).

Taqlid – Adherence to Established Doctrine

Opposite to ijtihad is taqlid, adherence to the interpretation of traditional authorities and schools of law.

Fatawa (Legal Opinions)

A central tool of Fiqh is the fatwa, a reasoned legal opinion which provides orientation in a specific situation but is legally non-binding.

The Importance of Fiqh in Today’s Context

To this day, Fiqh governs both personal as well as collective religious and social life in many Muslim communities. In many countries, Fiqh influences family law, parts of civil law, and norms for everyday coexistence. The ongoing discussion about adapting Fiqh to new societal developments and technological advances is an important aspect of its applicability and dynamism.

Distinction: Fiqh and Sharia

It is important to differentiate between Sharia as the divine ideal law and Fiqh as its human interpretation and application. While Sharia stands as the unchangeable norm above all, Fiqh develops and refines the necessary legal rulings for specific life circumstances.

Literature and Further Links

• Sources on Islamic Law
• Systematics of Islamic Jurisprudence
• Comparative Presentation of the Schools of Law

Summary: Fiqh forms the central methodological framework and body of rules for Islamic jurisprudence. It serves to interpret, systematize, and apply divine norms to daily life. The complex interplay of legal sources, schools of law, methods of legal reasoning, and contemporary challenges makes Fiqh one of the most versatile legal systems in the world.

Frequently Asked Questions

How is the validity of prayer (Salat) assessed in Fiqh when small amounts of impurities (Najasah) are present on clothing or the body?

In Islamic Fiqh, purity (Taharah) is a fundamental requirement for the validity of prayer (Salat). As a rule, prayer is invalid if Najasah (impure substances) are present on clothing, the body, or the prayer area. However, the four classic schools of law (Madhahib) differ regarding tolerance of small amounts of impurity: The Hanafis and some other scholars permit prayer as long as the amount of Najasah does not exceed a certain measure – for example, in the case of solid impurities, the area must not be larger than a coin (approximately 2.7 centimeters in diameter); for liquid impurities, a maximum of about 5 milliliters is tolerable. These regulations are based on traditions in which small, unconscious amounts are not considered major obstacles. The Malikis, Shafi’is, and Hanbalis emphasize the complete removal of any impurities, making exceptions only in cases of necessity, uncertainty, or forgetfulness. In case of doubt, it is advised to purify the area to fulfill the ideal of purity and not endanger the validity of the prayer.

What are the legal regulations in Fiqh for performing prayers on impure ground?

Performing prayer on an impure surface is generally invalid in Fiqh, unless the impurity is not noticed by the praying person or cannot be avoided (for example, while traveling on a train or in cases of involuntary contact with Najasah). Normally, Sharia requires seeking a pure place to pray. The schools of law differentiate between visible and invisible Najasah: If the impurity is visible and known, the place must be cleaned or the prayer location changed before prayer is performed. If the impurity is discovered only after the prayer, opinions are divided: The majority of schools consider the prayer valid in this case, as there was no intentional neglect of the cleanliness requirement. In the event of doubt, it is recommended to repeat the prayer to ensure correct observance of the regulations.

Is it permitted, according to classical Fiqh, to give Zakat to direct family members?

The payment of Zakat to family members is regulated in detail in Fiqh. It is not permissible to give Zakat to direct dependents, such as one’s own parents, grandparents, children, and grandchildren. The reason is that these people are already subject to a religious maintenance obligation (Nafaqah), which must be fulfilled from one’s own funds rather than through Zakat. Exceptions include siblings, uncles, aunts, and other relatives for whom there is no maintenance obligation. Zakat may be paid to these and to more distant relatives or needy people outside of the immediate maintenance circle, provided they fall within the eight recipient categories specified in Surah At-Tawba (9:60). Spouses may not support each other with Zakat according to Fiqh, since mutual care is a basic obligation of marriage.

What regulations exist in Fiqh regarding ritual ablution (Wudu) in cases of chronic illness (e.g., incontinence)?

Persons suffering from a chronic illness such as incontinence, nosebleeds, fistulas, or other ailments that result in continuous impurity are considered “muʿdhar” (excused) in Fiqh. An exception is provided by the schools of law: the ritual ablution (Wudu) is performed at the beginning of each prayer time and remains valid for all prayers within that period, even if impurity continues. Wudu must be repeated with the commencement of the next prayer time. The condition is that Wudu is only performed after the prayer time has started and the ailment persists throughout this period. The prayer is thus valid, and there is no requirement to prevent the occurrence under difficult circumstances if such prevention is unreasonable.

What rules does Fiqh have concerning the consumption of foods and drinks whose halal or haram status is uncertain?

If a Muslim is confronted with a situation where it is unclear whether a particular food or drink is halal (permissible) or haram (forbidden), Fiqh recommends applying the principle of “caution in matters of doubt” (ihtiyat/war’). Sharia advises avoiding consumption of doubtful (mashbuh) items unless there is necessity or undue hardship. If the legal status cannot be conclusively determined and there are equivalent or sufficient alternatives, the principle “when in doubt, opt for what is permitted” applies only if all avenues of research have been exhausted. According to the Hanafi and Maliki schools, there is some leniency in case of ignorance about the ingredients: what is generally sold as halal and has no apparent reason for objection may be consumed. However, deliberate risk of consuming haram is prohibited.

Are there differences in Fiqh regarding inheritance of property among sons and daughters?

In classical Fiqh, inheritance law (Faraid) is thoroughly regulated. Both sons and daughters are entitled to a share of the inheritance, but the division is explicitly stipulated in the Qur’an: A male heir (son) always receives double the share of a female heir (daughter). This is reflected in Qur’an 4:11: “For the son, the share is that of two daughters.” This principle applies regardless of the number of descendants. The remaining division is based on the number of heirs and other eligible relatives; under certain circumstances – for instance, where only one daughter inherits and there are no sons, or other partial heirs such as parents are present – special rules apply that are further elaborated by scholars. The distinction is based on the different maintenance obligations imposed by Fiqh on sons and daughters.