Islamic Law & Fiqh

Islamic law, known as Shariah, is based on two primary sources: the Quran and the Sunnah of the Prophet (PBUH). The word Fiqh means deep understanding, and as a science it is the knowledge of practical rulings derived from detailed evidence. When a matter is not directly settled, scholars use further sources. Ijma is the consensus of Muslim scholars on a ruling after the time of the Prophet (PBUH). Qiyas is analogical reasoning, in which the ruling of a case found in the Quran or Sunnah is applied to a new case that shares the same underlying reason. Ijtihad means the utmost effort of a qualified scholar to derive a ruling from the sources.

Over time, great Imams laid the foundations of the schools of thought. Imam Abu Hanifa is the founder of the Hanafi school. Imam Malik, based in Madinah, wrote Al-Muwatta, the famous book of hadith and fiqh. Imam Shafi’i wrote Al-Risalah, the first major work on the principles of Islamic jurisprudence.

Fiqh classifies human actions into rulings. A Fard act is obligatory, so one is rewarded for doing it and sinful for leaving it. A Haram act is forbidden, so one is sinful for doing it and rewarded for avoiding it. A Mubah act is permissible, with neither reward nor sin. A Makruh act is disliked and better avoided, while a Mustahab act, also called Mandub, is recommended, so one is rewarded for doing it but not sinful for leaving it. In Hanafi fiqh, the level between Fard and Sunnah is Wajib.

The rulings of worship are central to daily life. Wudu is broken by things such as natural discharge from the private parts, passing wind, deep sleep, and loss of consciousness. Ghusl, the full bath, becomes obligatory after the state of major ritual impurity, known as Janabah. Tayammum, dry ablution with clean earth, is allowed when water is not available or cannot be used, for example because of illness. The five daily prayers contain a total of 17 Fard rakats. Zakat is due at 2.5 percent on eligible savings and wealth, and Hajj is obligatory once in a lifetime for those who are able.

Islamic law also guides financial and family matters. Riba, meaning interest or usury, is strictly prohibited. Mahr is the gift that the husband must give to his wife at marriage, and it is her right. According to the hadith, a person may bequeath through a will up to one third of his estate. All these rulings serve the objectives of Shariah, known as Maqasid al-Shariah, which aim to protect five essentials: religion, life, intellect, lineage, and wealth.