Islamic Jurisprudence

Fiqh (; Arabic: فقه) is Islamic jurisprudence. Fiqh is often described as the style of human understanding and practices of the sharia; 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) 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 economic and 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 (pl.: fuqaha).

Figuratively, fiqh means knowledge about Islamic legal rulings from their sources. Deriving religious rulings from their sources requires the mujtahid (an individual who exercises ijtihad) to have a deep understanding in the different discussions of jurisprudence.

The studies of fiqh, are traditionally divided into Uṣūl al-fiqh (principles of Islamic jurisprudence, lit. the roots of fiqh, alternatively transliterated as Usool al-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. 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 (pl.: aḥkām) is a particular ruling in a given case.

wikipedia/en/Fiqh

Islamic law and jurisprudence, also known as fiqh, is a system of laws and practices based on the Quran and the teachings of the Prophet Prophet Muhammed ﷺ. It governs all aspects of life, including business, marriage, worship, and inheritance. 

How is Islamic law and jurisprudence developed?

• Sharia

  The path of life prescribed by Allah, which is considered immutable and infallible 

• Fiqh

  The science of Islamic jurisprudence, which is based on the interpretation of the Quran and Sunnah by Islamic jurists 

• Ijtihad

  The process of making a legal decision by interpreting the Quran and Sunnah 

• Fatwa

  The rulings of jurists on questions presented to them 

How is Islamic law different from Western law?

• Islamic jurisprudence is governed by the idea of lawful and prohibited acts 
• Islamic law is an integral part of Islamic religion, and divine revelation is its source 
• In some orthodox Islamic countries, state regulation through legislation encounters serious obstacles 

Who is trained in Islamic jurisprudence? 

• A person trained in fiqh is known as a faqīh (pl. : fuqaha)

Fiqh (فقه), meaning “deep understanding” or “full comprehension,” refers to Islamic jurisprudence—the human effort to derive legal rulings from the Quran and Sunnah. It is the interpretative process that expands upon Shariah, which is considered divine, immutable, and perfect, while fiqh is fallible and subject to change. Fiqh is divided into two main branches:

• Uṣūl al-Fiqh (Principles of Jurisprudence): The methodology of interpreting legal texts and deriving rulings.
• Furūʿ al-Fiqh (Branches of Jurisprudence): The actual legal rulings that emerge from applying those principles.

Fiqh governs all aspects of life, including worship, family, criminal law, economy, and political systems. It is applied through fatwas (non-binding legal opinions) issued by qualified jurists.

The history of fiqh is divided into several periods:

1. Prophetic Era (610–632 CE): The Quran was revealed, and the Prophet ﷺ provided legal guidance.
2. Era of the Companions (632–750 CE): The Sahaba (companions) and Tabi’un (successors) used ijtihad (independent reasoning) to address new issues.
3. Formation of the Madhhabs (8th–10th century): The four major Sunni schools emerged: Hanafi, Maliki, Shafi’i, and Hanbali. Shia jurisprudence also developed with the Ja’fari and Zaydi schools.
4. Codification and Expansion (10th–19th century): The rules of each school were solidified, with a focus on case law and commentaries.
5. Modern Reforms and Revival (19th century–present): Fiqh was influenced by colonialism, modern state-building, and contemporary challenges such as finance, human rights, and international law.

Primary Sources: - Quran: The ultimate source of divine guidance. - Sunnah: The sayings, actions, and approvals of the Prophet ﷺ. Secondary Sources: - Ijma’ (Consensus): Agreement of scholars on a legal ruling. - Qiyas (Analogy): Reasoning based on existing rulings. - Istihsan (Juristic Preference): Departing from strict analogy for equity. - Maslaha Mursala (Public Interest): Rulings based on societal welfare. - Urf (Custom): Local customs that do not contradict Islamic principles.

• Sunni Schools: Hanafi (most flexible), Maliki (custom-based), Shafi’i (strict text-based), and Hanbali (literalist).
• Shia Schools: Ja’fari (Twelver), Zaydi (closer to Sunnis), and Isma’ili.
• Ibadi School: Distinct from Sunni and Shia, practiced in Oman.
• Legal Systems: Influenced modern laws in many Muslim countries.
• Ethics & Social Life: Regulates marriage, business, and criminal law.
• Spirituality: Defines acts of worship, prayer, fasting, and purification.

Some argue that classical fiqh has been frozen for centuries, while others see it as a flexible framework that can adapt. Reformist movements seek to reapply ijtihad to address contemporary challenges, while traditional scholars emphasize continuity with the past.

Ijtihad, Madhhab, Hanafi, Maliki, Shafi’i, Hanbali, Ja’fari, Zaydi, Sharia, Ijma, Qiyas, Ijtihad, Fatawa, Usul al-Fiqh

❝Fiqh is the human understanding of divine law, derived from the Quran and the Sunnah, and its application is subject to human reasoning and context.❞
— Ibn Khaldun

❝The fundamental goal of fiqh is to ensure that all human actions conform to the will of Allah.❞
— Imam al-Shafi’i

❝Ijtihad is the exercise of reasoning to extract new legal rulings from the Quran and Sunnah in the absence of direct guidance.❞
— Imam Abu Hanifa

Fiqh (فقه) refers to the science of deriving detailed legal rulings from the sources of Islam: the Qur’an, the Sunnah, Ijma, and Qiyas. It is the human articulation of divine guidance across all domains of law — personal, civil, criminal, economic, and political.

Unlike Sharia, which represents the infallible will of Allah, fiqh is a fallible human effort (ijtihad). It is shaped by context, methodology, and the epistemic strength of textual evidence.