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CHAPTER 3
Introduction to the Sharīah and the Science of Fiqh
The Purpose of this Chapter
The second pillar of Islam,
ṣalāh (prayer), like the remaining three pillars, is concerned with specific acts of worship that Allah has legislated for the believers. It therefore comes under the category of
sharīah (sacred law and ethics), rather than
aqīdah (creed), as its subject is the correct practice of Islamic rituals, rather than the content of belief. As
sharīah is a term that is often misunderstood, it is well worth looking into its meaning in a little more depth, before distinguishing it from
fiqh (Islamic jurisprudence), which provides the systematic and practical instructions for carrying out worship. After this, we will examine in more detail the most important categories used in
fiqh, as learning them is essential for understanding the rules to be found in the following chapters.
The Sharīah
The word
sharīah in Arabic initially signified ‘a way to water’
1 – obviously a very important concept for people living in a desert environment! The usage of this term in Islamic sacred law and ethics is very profound for it reflects the belief in divine guidance that shapes our lives and will lead us back to an eternal life through seeking the pleasure of our Creator. The
sharīah, then, is the complete way of life that has been approved by Allah for the believers, including not only specified obligations, prohibitions and permitted acts in aspects of life as different as worship and financial transactions, but also comprehensive ethical guidance.
2 While the confidence that Muslims have in the
sharīah is based upon its revealed sources: the Qur’
ān and the authentic
Sunnah of the Prophet, may Allah bless him and grant him peace, its precise application in society has required a process of interpretation ever since the time of the rightly-guided
khalīfahs. This is where
fiqh comes in.
Fiqh
Fiqh literally means ‘understanding’ and in its technical sense ‘Islamic jurisprudence’, which has had a rich history with its roots in the earliest days of the Muslim community. During the life of the Prophet, may Allah bless him and grant him peace, his example and guidance were sufficient for all legal and ethical matters faced by his Companions. After his passing, however, it was necessary for the leading members of the community to apply their reasoning to derive rulings from the sources of revelation that were appropriate for the new situations that arose. In fact, even during the life of the Prophet, may Allah bless him and grant him peace, this process began, as recorded in the
ḥadīth that preserves the instructions given by him to the Companion Mu
ādh ibn Jabal, whom he sent to the Yemen:
‘The Prophet (may Allah bless him and grant him peace) sent one of his Companions, Mu
ādh ibn Jabal (may Allah be well pleased with him), to the Yemen on a mission. [Before he left] the Prophet (may Allah bless him and grant him peace) asked him, ‘How will you judge the cases [that come to you]?’ And he replied:
‘I will judge according to the Book of Allah.’ ‘But if you do not get anything there, what will you do?’ the Prophet (peace be upon him) asked. He said, ‘I will refer to the
Sunnah of the Prophet (peace be upon him).’ ‘But if you do not get it even there, what will you do?’ the Prophet (peace be upon him) asked again. Then Mu
ādh replied, ‘I will...
