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The Concept of Fiqh Schools

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The Concept of Fiqh Schools

What is Fiqh?
Linguistically, fiqh is an Arabic word that means understanding; or deep
understanding.
The word faqih means a person of knowledge and understanding.
It is mostly used to mean the understanding of the words of someone else and,
for religious matters, the words of Allah and His Messenger. The Qur’an uses the
term to signify a deep understanding of matters especially those related to
religion.

For fiqh, there is again a difference in terminology among scholars.


The early scholars of Islam would use fiqh to mean the knowledge and the
understanding of the guidance, the rulings, and the way of life Allah prescribed
for us.
In other words, fiqh is our understanding and knowledge of Allah’s Shari`ah

The scholars who came later confined the usage of the word fiqh to the
knowledge and understanding of the guidance, the rulings, and the way of life
regarding the actions only, excluding the areas of belief and moral character.
This terminology is represented by the famous definition that fiqh is: “the
knowledge of the Shari`ah rulings which are related to actions from its detailed
sources.” (Mohamed Abu Zahrah, Usul Al-Fiqh)

To explain those definitions further, the Shari`ah is Allah’s guidance in His Book
(the Qur’an) and the tradition of His Messenger (the Sunnah), while fiqh is our
knowledge of these rulings after exerting all effort to extract them.
Scholars arrive at those rulings of fiqh through a process called ijtihad, a
scientific process to reach the Shari`ah rulings from its sources. It literally means
exerting all possible effort.

Since Islam does not have an ecclesiastic body that has the authority to declare
the correct meaning of scripture, the interpretation of scripture largely became
the collective role of scholars. Throughout Islamic history, the overwhelming
majority of Muslim scholars followed what is called a madhhab. A madhhab,
simply put, is a school of law. Although the term “school” is useful, it does not do
full justice to the definition of a madhhab. Schools usually speak of people
whereas a madhhab is primarily about a shared interpretational methodology. A
madhhab linguistically means “a way” and therefore it is a method of interpreting
scripture that binds a group or school of scholars together.
Furthermore, the madhhabs are not theological schools or sects. Nevertheless,
in modern times, following a madhhab has sometimes become an identity
marker. It has sometimes become a description people give themselves to
express a particular method of practicing Islam that is in opposition to “non-
traditional” Islamic movements. However, the madhhabs were never intended to
be identity markers; rather they are methodologies of understanding and
applying scripture.

It is important to stress that the madhhabs do not differ on the foundations of


the religion such as God being One, the Qur’an being the book of God, and the
Prophet Muhammad ‫ ﷺ‬being the Messenger of God. While most Muslims would
agree that division concerning the foundational beliefs of Islam as well as some
foundational legal aspects is objected to, the same is not said for secondary
issues in law which allow for a plurality of opinions. There is a difference between
division and difference of opinion. In the legal context, it is not division that is
meant to take place, but differences of opinion. Division that results in
partisanship and conflict is certainly condemned by the Qur’an and Sunnah.

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