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Philosophy and Fundamentals of Sharī’ah for Islamic Finance
SHA0011

g. The rulings governing the political system in Islām (aḥkām
al-siyāsah).

h. The criminal law of Islām (aḥkām al-jināyah).

i. Other laws governing the relationship between man and other
creatures of Allāh SWT. This includes the protection of
environment and the animal rights and other related matters.

UNIT 4: RELATIONSHIP BETWEEN SHARĪ'AH AND FIQH

The relationship between Sharī’ah and fiqh is just like the body and
its component such as fingers, nose etc. Sharī’ah is the body of revealed
injunctions found both in the Qur’ān and Sunnah, while, fiqh is the
comprehension of Sharī’ah deducted within the confine of Sharī’ah. As correctly
observed by al-Qarḍāwi, "fiqh within this definition, undoubtedly were its
knowledge is founded by revelation. The human understanding in deriving
and deducing rules of Sharī’ah from this revelation is always restricted within Sharī’ah is the divine law
the ambit of this revelation". revealed by Allāh SWT,
whereas fiqh is the law
extracted from the sources
To explain further, Sharī’ah is the whole divine law and values revealed by of Islamic law.
Allāh SWT, and fiqh is the law extracted by jurists from the sources of Islamic law.
Thus, fiqh contains human involvement which is required for juristic interpretation.
The terminology of ‘Islamic law’ as used by many scholars often refers to
this meaning of fiqh. The term Sharī’ah is wide and encompassing various
branches of Islām. Normally, it is general in nature and it emphasises only on
the principles, and not the detailed rules, although not all the time.

Comprehension Fiqh

Diagram 2 : Relationship between Sharī’ah and Fiqh

From the above, it can be concluded that:

1. Sharī’ah consists of a total sum of Sharī’ah principles and rules embedded
in the Qur’ān and Sunnah.

2. Application of Sharī’ah requires a proper comprehension (ijtihād) of
the Qur’ān and Sunnah with adherence to a specific methodology
(principles of Islamic jurisprudence).

3. The comprehension process must be conducted by a competent
personnel (mujtahid) with a standard due care and diligence as
required by Sharī’ah.

4. The product of ijtihād by mujtahid is called of fiqh and it governs
the practical aspect of human activities.