The Fiqh and Sharia Sources are multiple, and perhaps this difference is a mercy for the believers, as the rules of Fiqh and Sharia can be derived in more than one way, such as the Holy Quran and the Sunnah of the Prophet Muhammed.
In addition to other sources of legislation that we will get acquainted with. The Fiqh and Sharia also play an important role in the provisions of the Islamic religion.
So below we will get acquainted with the Fiqh and Sharia Sources in detail through the coming paragraphs.
What are Fiqh and Shariah?
Before we get to know the Fiqh and Sharia Sources, we must clarify the concept of words from Islamic Sharia and fiqh, as Fiqh in the Arabic language is a word taken from the verb “faqih”.
That is, he understood and comprehended, but in terminology,
Fiqh is the knowledge of practical legal rulings derived from their detailed evidence, and the term fiqh is also applied to the group of practical legal rulings themselves.
While the fundamentalists differed slightly in defining fiqh, as they define it as the knowledge of everything that Allah Almighty brought.
And accordingly, it deals with the science of belief, morals, and others, then they defined it as the knowledge of subsidiary legal rulings only and not the original ones.
It does not include the science of belief and monotheism, but it deals with the provisions of morals and hearts, then they settled on the opinion of the jurists that it is the knowledge of the sub-practical legal rulings gained from detailed evidence.
The meaning of Shariah
Sharia is a body of religious law that forms part of the Islamic tradition, is derived from Islam’s religious teachings, and is based on the sacred sources of Islam, particularly the Qur’an and hadith.
In Arabic, the term sharia refers to Allah’s unchanging law and contrasts with fiqh which refers to human interpretations.
What is the difference between Shariah and fiqh?
Since we are looking for Fiqh and Sharia Sources, does this mean that the sources of fiqh are the same as Sharia? Or is there a difference guaranteed both?
Whereas Sharia in the language of the Arabs is: the straight way, and the source of water that is intended for drinking is called: Sharia.
As for the terminology, what is meant by Sharia is what Allah has legislated for His servants in terms of religion, and He clarified for them different rulings.
And it was named Sharia for its righteousness and its resemblance to the water resource, because it has the life of souls and minds, just as the water resource has the life of bodies.
The Sharia, then, includes beliefs, acts of worship, dealings, policies, customs, and other areas of life. There is no aspect of life except that Allah has made clear to us in it what is permissible and forbidden, either in detail by mentioning it and stipulating it, or by referring it to the general rules on which the Sharia is built.
As for fiqh: it means, according to scholars, knowledge of practical Sharia rulings from their detailed evidence.
The jurist is tasked with extracting practical Shariah Law rulings from Sharia evidence (the Qur’an and Sunnah).
Or sources to which the Sharia testifies to validity and consideration (such as Ijma and analogy/qiyas). As fiqh is concerned with the search for practical rulings, and it does not search for doctrinal matters, as it is part of legitimacy, and Sharia is more general than it.
What are the sources of Shariah Law and what is its role in Islam?
What is meant by the Shariah Sources are those sources on which it is based knowing the rulings of the Islamic religion? Moreover, the Fiqh and Sharia Sources can also be divided into the Fiqh schools as well as in terms of formation.
Sources of legislation in Fiqh schools
The jurists agreed on some of the Fiqh and Sharia Sources, such as the Quran and Sunnah, and differed on some of them. Their opinions and sayings in this regard are explained as follows:
1- Imam Abu Hanifa,
May Allah have mercy on him, believes that the Fiqh and Shariah Sources are six, namely:
- the Holy Qur’an,
- the Sunnah of the Prophet – may Allah’s prayers and peace be upon him.
- And what is proven from it, Ijma,
- and analogy/ qiyas with the practical fiqh rulings derived from the original sources of legislation, approval, and custom.
2- Imam Malik
He went to the fact that the Sources are eight, namely:
- The Quran,
- the Sunnah of Muhammed the Prophet,
- and the work of the people of Medina. Where he considered that the people of Medina, by virtue of their knowledge of the situation of the Prophet – may Allah bless him and grant him peace.
Who was among them, would be more worthy of the knowledge of legal matters and practical rulings, Therefore, he took their work as one of the sources of legislation, the Companion’s fatwa and his saying, analogy/ qiyas, sent interests, approval, and pretexts.
3- Imam al-Shafi’i
He went to the fact that the Fiqh and Shariah Sources are:
- the Holy Qur’an
- The Sunnah of the Prophet, and they are the same for him in terms of inference,
- Ijma, the saying of a companion or his fatwa,
- and Qiyas.
4- Imam Ahmed bin Hanbal – may Allah have mercy on him
He went on to say that the Sources are:
- The Holy Book Quran,
- The Prophet’s Sunnah,
- Ijma, the fatwas of the Companions,
- And Qiyas.
Sources of legislation in terms of composition
The legislation Sources are divided in terms of their strength into original sources of legislation, and secondary, dependent, or secondary sources of legislation.
As for the main sources of legislation, they are
- the Holy Quran,
- the Sunnah of the Prophet,
- Ijma of the Companions,
- the diligence represented by Qiyas,
- and other sources such as approval, the sent interests, and the words and fatwas of the Companions.
They are non-original dependency sources, and the following is a statement of the original sources:
1- The Quran:
It is the word of Allah revealed to our master Muhammad – upon him be peace and blessings – who is worshiped by his recitation, beginning with Surat Al-Fatihah, sealed with Surah Al-Nas, and transmitted to us with frequency.
2- The Sunnah of the Prophet:
It means everything that was issued by the Prophet – may Allah bless him and grant him peace – in terms of words, deeds, decisions, or moral or ethical characteristics.
The sense that the first Fiqh and Sharia Sources according to Imam Shafi’i the Qur’an and the Sunnah, and the Sunnah of the Prophet came to clarify what came in the Holy Quran in terms of rulings, and to detail its parts, or to establish a new ruling that was not referred to in the Book of Allah.
It means the agreement of a group of trustworthy mujtahids in an era of ages on a specific ruling on an issue of fiqh.
It is finding a common reason for one of the issues that did not exist in the era of the Prophet and his companions.
And no legal text was mentioned in it with another issue in which a legal text was mentioned, then imposing that ruling on the newly created issue because they are united in the reason so that they have the same ruling.
In conclusion, we have dealt with the Fiqh and Shariah Sources in detail through our article, which is represented in the Holy Qur’an, the Prophet’s Sunnah, and Ijma, in addition to some other Sources. We also explained the concept of fiqh and Sharia and what are the differences between them. if you are interested in learning more about Islam studies you may explore our Islamic courses