The Basic Concepts of Shari'ah and Fiqh

Shari'ah literally means the road to a watering place", hence the path of God.[1] It is the body of revealed laws found both In the Qur'an and In the Sunnah.[2]  In principle, a Muslim's life is ruled in its entirety by the Shari'ah, which spells out the precise rules and regulations governing individual relations with God as well as with fellow-Muslims and non-Muslims.[3] Thus, it embraces ideally both the religious and non-religious activities of the Muslims. Bearing In mind the unique character of Islam as a religion and complete code of life, Shari'ah is the Law according to which God wants a Muslim to live. Shari'ah has a comprehensive public law that covers both constitutional and international affairs. Likewise, it has a private law that covers both criminal and civil matters.  It is fundamentally a doctrine of acts and obligations based entirely on revealed sources - namely the Qur'an and the Sunnah.   It is a complete way of life towards which the Individual and society must strive.[4]

Fiqh, on the other hand, is a body of laws derived from Shari'ah to cover specific situations not directly treated in the latter. Shari'ah, therefore, is general in nature and scope, laying down the basic principles of Islamic Law. As such, "Shari'ah is fixed and unchangeable." Fiqh, on the other hand, is more Specific, demonstrating how the basic principles of Shari'ah be applied In particular situations. In other words, Fiqh covers the set of rules derived from Shari'ah, with specific applications to actual problems.  Since actual Issues of life vary from time to time, Fiqh changes according to the circumstances under which it is applied.[5]

In order to avoid contusion, Islamic Law is noted here in a collective sense, covering both the laws of Shari'ah and Fiqh. Fiqh "calls into play one's intellect and ability to exercise analogical reasoning", based on Injunctions of secondary import, derived from usul (fundamental import).[6] Thus, Fiqh is divided into two main parts: One is Usul al-fiqh, literally meaning "roots of law", which is the science of jurisprudence covering the origins and sources from which the branches of the rules of human conduct are derived.  It includes the philosophy of law, the sources of rules, the principles of legislation and interpretation as well as application of the text of the Qur'an and Sunnah. The second part is furuq al-fiqh, which means "branches of law", technically connoting the detailed laws actually applicable in courts.

A faqih means a Jurist; an expert in the field of law, who possesses outstanding knowledge of revealed sources and methodology, and the Intelligence to avail of the basic sources through Independent reasoning and the principles provided by the Shari'ah.  Allah says:[7]

“Seest thou not how God sets forth parables? A goodly Word like a goodly tree, whose root is firmly fixed, and its branches (reach) to the heavens.”

“It brings forth its fruit at all times, by the leave of its Lord. So God sets forth parables for men, in order that they may receive admonition.”[8]