IS22 – INTRODUCTION TO SHARI’A LAW
FIQH
 Literally means “understanding” or “knowledge”
 In its technical sense, it means knowledge of Islamic
Law (Shari’a)
 Science of Muslim law or Muslim law jurisprudence
Scope or Coverage of Fiqh
 As to the subject matter, it covers all aspects of
religious, political, and civil life.
 In addition, it also includes the whole field of family
law, the law of inheritance, of property and of
contracts. It also includes criminal law and
procedure, and finally constitutional law and laws
regulating the administration of the state and the
conduct of life.
Primary Sources of Muslim Law
 Another authority on Islamic
1. Qur-an
2. Hadith jurisprudences considers Ijtihad as a
3. Ijma source of law, while Ijma and Qiyas
4. Qiyas as forms of Ijtihad
Division of the Science of Jurisprudence
1. Religious
 Concerned with the affairs of the hereafter, such as
belief, prayer, alms-giving, fasting, and pilgrimage.
2. Legal System
 Concerned with the affairs of this world and is
subdivided into three sections:
 Criminal Law
Such as felonies, crimes, retaliation, blood-
money
 Family Law
Such as marriage, divorce, relationship, law
of personal status
 Transactions
Fiqh vs. Shari’a
- Shari’a is broader as it includes all human actions;
while Fiqh is narrower and deals only with what are
commonly understood as legal acts
- The path of Shari’a is laid down by God and His
Prophet; the edifice of fiqh is erected by human
endeavour.
Fiqh vs. Ilm
- Fiqh came to be used exclusively for a knowledge of
the law while Ilm came to be applied in a narrow
sense to mean knowledge that comes through
reports or traditions (Hadith) and athar.
Two Division of Science of Fiqh
1. Usul Al-Fiqh
- The doctrine of the “roots”, the sources of law, and
the methodology of their application.
2. Furu Al-Fiqh
- The doctrine of the branches (i.e.,applied fiqh, the
systematic elaboration of the positive law)
Fiqh vs. Usul Al-Fiqh
- Fiqh is concerned with the knowledge or the
detailed rules of Islamic law in its various branches
- Usul-Al-Fiqh is the methodology of the law
Maxims of Fiqh (Qawa’id Al-Fiqhiyyah)
- A body of abstract rules which are derived from the
detailed study of the fiqh itself. They consist of
theoretical guidelines in the different areas of fiqh
such as evidence, transactions, matrimonial, etc. As
such, they are an integral part of fiqh.
Principal Themes of Usul Al-Fiqh
1. Adillah Shariyyah (proofs of shari’a)
2. Ahkam (law)
Objectives of Usul Al-Fiqh
- The principal objective is to regulate ijtihad and to
guide the jurists in his effort at deducting a law from
its sources.
Primary Sources of Fiqh:
1. The Qur-an (first primary source of Muslim law)
- Qur-an, from the Arabic word “kurra”, means to
read, recite or discourse
Nature of the Quranic Verses
 Intangible and Immutable
- The provisions of the Quran are considered organic
rules, containing universal principles
- Non-discrimination of human dignity; protection of
man’s right, that is his liberty, the inviolability of his
house, his property, and his person, his right to
employment, lack of any compulsion in religion, and
the equality before the law.
- Muslims look at the Quran as their constitutional
law.
Revelation of the Quranic Verses
- Began in the month of Ramadan (12 B.H/610 A.D.)
and continued intermittently piece by piece for over
twenty-two years, more than twelve years of which
took place in Mecca before Hijra (622 A.D.) and the
rest were revealed in Medina and ended with the
Prophet’s death (652 A.D.)
- Hence, the revelation period is divided into two:
1. Meccan period - revelation made in this period
were called the Meccan verses (ayats) or
chapters (suras); and
2. Medina period – medina verses or chapters
 Early Meccan suras – dealt on fundamental
principles of Islam, which can be classified into
three themes:
1. The unity of God;
2. The moral duties of mankind; and
 3. The retribution in the next world
 Subsequent Meccan Suras – dealt on Islamic faith
(Iman)
 Medina suras covering about one-third of the Quran
were long, dealing with Islamic legislation on civil
and criminal, fiscal and military laws and
regulations, and the five pillars of Islam.
- His companions recorded it on various types of
materials and some memorize them.
- After the death of the Prophet, Zayn ibn Thabet
collected the verses of the Quran by order of the
first Caliph, Abu Bakr.
- In the year 30 A.H, during the caliphate of Uthman
ibn Affan, the Quran was collected in one unified
version and reading, then copies were sent out to
all provinces.

Five Pillars of Islam:

1. To testify that there is no God but Allah and

Muhammad is the messenger of Allah;
2. To perform prayers;
3. To pay zakat;
4. To fast in Ramadan; and
5. To make pilgrimage to the Qa’ba and Holy
Mosque in Mecca

The Revelation were either made through:

1. The Angel Gabriel (Jebreel) – the highest form

of revelation
2. Bell-like ringing sound

Reasons for Revelation of Quranic Verses (Ashab

Al-Nuzul) helps one to understand:

a) The direct and immediate meaning and

implication of an ayat, as it can be seen
within its original context;
b) The imminent reason underlying a legal
ruling;
c) The original intent of the ayat;
d) Whether the ayat is specific or of general
application and if so, under which
circumstances is it to be applied.

How Ashab Al-Nuzul is known

- The ashab al-nuzul usually precedes the revelations,

and involves a particular issue at the time and for
which no particular rule is available.
- Verse is revealed to Prophet as solution to problem.
The companions of the Prophet (Shahabat) who
were present and were witness during the
occurrence of the problem became the best reliable
repositories of the ashab (reason) for the revelation
of the verse, which in turn were transmitted by
them to their successors until they were written
down, recorded , preserved, and reached to the
present.

Kinds of Reasons (Ashab Al-Nuzul)

1. Revelation in response to an event or general
situation;
2. Revelation in response to a particular question
that has been asked by someone;
3. Revelation for other reasons, known or not
known to us

The Compilation of the Quranic Verses

- The Prophet did not collect the Quran in one

volume for he was illiterate.