Sharia Academy of America History of Islamic Legislation (original) (raw)
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Islamic law is the most comprehensive legal framework that guides the life of the mankind in this world and Hereafter. It contains Shariah and Fiqh which together form a legal rulings and regulations. Shariah comprises of basically Qur’an and Sunnah which are the primary sources of Islam. Shariah tells us how to perform the obligations in accordance of Allah’s will, this is divine law, while Fiqh is subject to human involvement where the importance of research comes in this matter. The practicality and application of Divine law needs specialists who specialize and expertize in Islamic jurisprudence to come legal rulings at the level of Fiqh, these specialists are called Jurists or mujtahid. The specialist must recognize the issues related to authenticity, abrogation, and supersession in the time of interpreting and deriving legal framework from shariah or Islamic law. Hence in this assignment I am going through the similarities and differences between Shariah and Fiqh.
The Birth of Islamic Law: From the Intervention of the Prophet to the Evolution of Fiqh
Oyunul-Mesail Journal, 2023
The development of Islamic law encompasses a continuum from the Prophet’s intervention to the evolution of fiqh. Fiqh serves as the expression of legal knowledge and accumulated information on legal matters within the Muslim community. This article places emphasis on the significance of fiqh, presenting insights into its utilization during the inception of Islam. Furthermore, it acknowledges that fiqh constitutes a distinct system compared to modern legal frameworks. Sharia is defined as a set of rules established by God for guiding humanity, and the article delves into the relationship between Sharia and fiqh, highlighting fiqh as the pursuit of comprehending and applying these Sharia rules. Additionally, the article elucidates a threefold hermeneutic process, encompassing understanding, interpreting, and the hermeneutic process, and discusses its role in the field of fiqh. Addressing the role of the Prophet (p.b.u.h) and legal interventions, the narrative explores the historical evolution of fiqh and the contributions made by Abū Ḥanīfah. Finally, the challenges encountered in the historical evolution of fiqh are examined, underscoring how traditions, while contributing positively, can also exert negative influences by becoming inflexible and stagnant over time, potentially diminishing the dynamism of fiqh. Key words: Abū Ḥanīfah, Fiqh, Hermeneutic, Islamic law, Muslim community, Modern legal frameworks, Sharia, Significance of Fiqh
Principles to Be Followed in Partial Harmonization Between Islamic Fiqh and Man-Made Law
IIUM Law Journal
Nowadays all over the Muslim world, with exceptions, Man-made law, inherited from the civil or common law of the colonial power, such as Britain, France, etc., is widely being used. According to some scholars, present Man-made law of the Muslim world has been also partially influenced by the Islamic fiqh. Therefore, there are sporadic similarities between them. Additionally, many rulings that are found in Man-made law of any Muslim country do not exist in Islamic fiqh books because these rulings are related to the issues, which did not exist in the past. Hence, if an Islamic government were established today, it would not be able to abandon all of them. On the other hand, many contemporary Muslim jurists maintain that all that belongs to Man-made law are considered to be kufr (unbelief), whereas majority of the scholars of Man-made law consider that Islamic fiqh is not suitable for the contemporarylife of Muslims.1 In this situation there should be some bridge between these two oppo...