Page 6 - AQIF M1

3 3
Philosophy and Fundamentals of Sharī’ah for Islamic Finance
SHA0011

Technically, it refers to the knowledge of the practical rulings of Sharī’ah
which is deduced from their respective particular evidence. Hence, it is apparent
that fiqh is limited to comprehension of Sharī’ah that relates to human conduct
and preclude 'Aqīdah and Akhlāq. These rulings are not readily available but
deduced from a particular text or evidence. That is to say, fiqh is a result of
an independent exercise of jurist’s intelligence in deciding Sharī’ah ruling.
Having said that, jurists are not at liberty in coming to the conclusion of
a particular ruling, instead they are subjected to a proper methodology of
ijtihād.
Divergence of opinion in
Given the inherent nature of fiqh, it is not a stretch of mind to appreciate fiqh can be a form of Ibadah
as per in Prophetic :
the reason of divergence of opinions that stem out from numerous Islamic “If a judge passes judgement
Schools of Legal Thought (madhhab or madhāhib). The divergence of opinion and strives to reach the
in fiqh is very much celebrated in Islām and it serves for at least two purposes: right conclusion and gets
it right, he will have two
rewards; if he strives to
1. It allows for a certain degree of flexibility in adopting Sharī’ah rulings reach the right conclusion
but gets it wrong, he will
which suit a particular context that ever changing by time and place; still have one reward”
and (Bukhāri and Muslim)
2. It is a form of ‘Ibādah for jurists who exert their intellectual capability
in coming to the conclusion of a particular Sharī’ah ruling.

Classification of Fiqh

Generally, fiqh can be classified into two categories:

1. Fiqh al-‘Ibādah - the rulings that govern the relationship between
man and Allāh SWT which includes praying (ṣalāh), fasting (ṣaum),
almsgiving (zakāh), and performing pilgrimage (ḥajj).
2. Fiqh al-Mu’āmalah - the rulings that govern the relationship between
man and man, and man and other creatures of Allāh SWT which
includes:

a. The rulings related to family law (aḥwāl al-shakhṣiyyah)

b. The rulings governing the commercial transactions between the
parties involved in the transaction (aḥkām al-mu’āmalah).

c. The rulings concerning the management of finance of the state
or the economic system of an Islamic state.

d. The rulings related to the administration of justice in Islām
(aḥkām al-qaḍa’ wa ṭuruq al-ithbāt).

e. The rulings governing the rights of non-Muslims in an Islamic
state (aḥkām al-dhimmi wa al-musta’min).

f. The rulings determining the relationship between an Islamic
government and a foreign government (aḥkām al-siyar).