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Translating Fiqh 2
Translating Fiqh 2
Translating Fiqh
What is Fiqh?
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Fiqh means deep understanding.
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Jurisprudence:
- a legal system - philosophy of law
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Fiqh is different in that all rulings must be derived from
Islamic sources, thus fiqh is translated as Islamic
Jurisprudence.
Fiqh vs. Sharia
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Sharia is the Divine Law.
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Fiqh is the human understanding of it.
Islamic Legislation Sources
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Quran
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Sunnah
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Consensus
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Analogy
Sections of Islamic Jurisprudence
● Transactions ا مل عامالت
● Penalties ا حل دود
Translating Fiqh
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Translating Fiqh texts requires sound background
knowledge
ا حل جب e.g.
Lit. Blocking
“the process of excluding some relatives from
”inheritance
ﺑﺎﻟﻭﺻﻑ ﻟﻭﺟﻭﺩ ﺃﺣﺩ ﻣﻭﺍﻧﻊ ﺍﻹﺭﺙ ﻭﺛﺎﻧﻳﻬﻣﺎ ﺣﺟﺏ ﺑﺎﻟﺷﺧﺹ ﺇﻣﺎ ﺣﺭﻣﺎﻧﺎ ً ﻛﺣﺟﺏ ﺍﻟﺟﺩﺓ ﺑﺎﻷﻡ ،ﻭﺣﺟﺏ ﺍﻟﺟﺩ ﺑﺎﻷﺏ ﻓﻲ ﺍﻟﻌﺻﺑﺎﺕ
ﻟﺗﻘﺩﻳﻣﻪ ﻓﻲ ﺟﻬﺔ ﺍﻟﻌﺻﻭﺑﺔ ،ﻭﺇﻣﺎ ﻧﻘﺻﺎﻧﺎ ﻛﺣﺟﺏ ﺍﻷﻡ ﻣﻥ ﻓﺭﺽ ﺍﻟﺛﻠﺙ ﺇﻟﻰ ﻓﺭﺽ ﺍﻟﺳﺩﺱ ﻋﻧﺩ ﻭﺟﻭﺩ ﺍﻟﻔﺭﻉ ﺍﻟﻭﺍﺭﺙ
Schools of Thought
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Hanafi
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Maliki
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Shafi’i
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Hanbali
Classifications of Islamic Rulings
1. وا جب/ف رض
obligatory – prescribed – ordained
● فرض عني individual obligation/individual duty
Riba is an Arabic word that means “to increase" or “to exceed" and is commonly used in reference to unequal exchanges or
charges and fees for borrowing. Interest is deemed riba, or an unjust, exploitative gain, and such practice is forbidden under
Islamic law.