Editing Fiqh

{{Short description|Islamic jurisprudence}}
{{Use dmy dates|date=April 2018}}
{{Italic title}}
{{Arabicterm
 |arabic={{large|{{Naskh|{{wikt-lang|ar|فقه}}}}}}
 |arabic_rom={{Transliteration|ar|fiqh}}
 |native pronunciation={{IPA|ar|fiqh|}}
 |literal meaning="deep understanding"<br/>"full comprehension"
}}
{{Fiqh |width=19.0em}}
{{Islam |texts |width=19.75em}}

'''''Fiqh''''' ({{IPAc-en|f|iː|k}};<ref>[https://www.collinsdictionary.com/dictionary/english/fiqh "fiqh"]. ''[[Collins English Dictionary]]''.</ref> {{langx|ar|فقه}}) is the term for [[Islam]]ic [[jurisprudence]].<ref name="Fiqh">[https://www.britannica.com/EBchecked/topic/207723/fiqh Fiqh] Encyclopædia Britannica</ref> ''Fiqh'' is often described as the style of human understanding, research and practices of the [[sharia]];<ref name=vogel>{{cite book|last=Vogel|first=Frank E.|title=Islamic Law and the Legal System of Saudí: Studies of Saudi Arabia|date=2000|publisher=Brill|pages=4–5|url=https://books.google.com/books?id=-PfDuvnHMGoC&q=vogel+islamic+law|isbn=9004110623}}</ref> that is, human understanding of the divine Islamic law as revealed in the [[Quran]] and the [[sunnah]] (the teachings and practices of the Islamic prophet [[Muhammad]] and his companions). Fiqh expands and develops Shariah through interpretation (''[[ijtihad]]'') of the Quran and ''Sunnah'' by Islamic jurists (''[[ulama]]'')<ref name=vogel/> and is implemented by the rulings (''[[fatwa]]'') of jurists on questions presented to them. Thus, whereas ''sharia'' is considered immutable and infallible by Muslims, ''fiqh'' is considered fallible and changeable. ''Fiqh'' deals with the observance of rituals, morals and social legislation in Islam as well as economic and political system. In the modern era, there are four prominent schools (''[[madh'hab]]'') of ''fiqh'' within [[Sunni]] practice, plus two (or three) within [[Shi'a]] practice. A person trained in ''fiqh'' is known as a ''[[faqīh]]'' ({{plural form}}: ''fuqaha'').<ref>Glasse, Cyril, ''The New Encyclopedia of Islam'', Altamira, 2001, p. 141</ref>

Figuratively, ''fiqh'' means knowledge about Islamic legal rulings from their sources. Deriving religious rulings from their sources requires the ''[[mujtahid]]'' (an individual who exercises ''ijtihad'') to have a deep understanding in the different discussions of jurisprudence.

The studies of ''fiqh'' are traditionally divided into ''Uṣūl al-fiqh'' ([[principles of Islamic jurisprudence]], lit. the roots of fiqh, alternatively transliterated as ''Usool al-fiqh''), the methods of legal interpretation and analysis; and ''Furūʿ al-fiqh'' (lit. the branches of fiqh), the elaboration of rulings on the basis of these principles.{{sfn|Calder|2009}}{{sfn|Schneider|2014}} ''Furūʿ al-fiqh'' is the product of the application of ''Uṣūl al-fiqh'' and the total product of human efforts at understanding the divine will. A ''[[hukm]]'' ({{plural form}}: ''aḥkām'') is a particular ruling in a given case.

== Etymology ==
The word ''fiqh'' is an Arabic term meaning "deep understanding"<ref name="Modarresi">{{cite book|author=Mohammad Taqi al-Modarresi|author-link=Mohammad Taqi al-Modarresi|title=The Laws of Islam|date=26 March 2016|publisher=Enlight Press|isbn=978-0994240989|url=http://almodarresi.com/en/books/pdf/TheLawsofIslam.pdf|access-date=22 December 2017|ref=Modarresi|language=en|archive-date=2 August 2019|archive-url=https://web.archive.org/web/20190802163247/http://almodarresi.com/en/books/pdf/TheLawsofIslam.pdf|url-status=dead}}</ref>{{rp|470}} or "full comprehension". Technically it refers to the body of Islamic law extracted from detailed Islamic sources (which are studied in the [[principles of Islamic jurisprudence]]) and the process of gaining knowledge of Islam through jurisprudence. The historian [[Ibn Khaldun]] describes ''fiqh'' as "knowledge of the rules of God which concern the actions of persons who own themselves connected to obey the law respecting what is required (''[[wajib]]''), sinful (''[[haraam]]''), recommended (''[[mustahab|mandūb]]''), disapproved (''[[makrūh]]''), or neutral (''[[mubah]]'')".<ref>Levy (1957). p. 150.</ref> This definition is consistent amongst the jurists.

In [[Modern Standard Arabic]], ''fiqh'' has also come to mean Islamic jurisprudence.<ref>{{Cite book|last=أنیس|first=إبراهیم|title=المعجم الوسیط|publisher=دارالفکر|year=1998|location=بیروت، لبنان|pages=731}}</ref> It is not thus possible to speak of [[Chief Justice of the United States|Chief Justice]] [[John Roberts]] as an expert in the [[common law]] ''fiqh'' of the [[United States]], or of [[Egypt]]ian legal scholar [[Abd El-Razzak El-Sanhuri]] as an expert in the civil law ''fiqh'' of Egypt.

==History==
{{main|Sharia}}
{{further information|History of Islamic economics}}

According to Sunni Islamic history, Sunni law followed a chronological path of:
*[[God in Islam|God]] → [[Muhammad in Islam|Muhammad]] → [[Sahabah|Companions]] → [[Tabi‘un|Followers]] → ''Fiqh''.<ref name="Maghen-2003">{{cite journal|last1=Maghen|first1=Ze'ev|title=Dead Tradition: Joseph Schacht and the Origins of "Popular Practice"|journal=Islamic Law and Society|date=2003|volume=10|issue=3|pages=276–347|doi=10.1163/156851903770227575|jstor=3399422}}</ref>
The commands and prohibitions chosen by God were revealed through the agency of the Prophet in both the Quran and the Sunnah (words, deeds, and examples of the Prophet passed down as [[hadith]]). 
The first Muslims (the [[Sahabah]] or Companions) heard and obeyed, and passed this essence of Islam<ref name=GRHJWIaM2000:513/> to succeeding generations (''[[Tabi'un]]'' and ''[[Tabi' al-Tabi'in]]'' or successors/followers and successors of successors), as Muslims and Islam spread from West Arabia to the conquered lands north, east, and west,<ref name=RGHIGP2015:223>[[#RGHIGP2015|Hoyland, ''In God's Path'', 2015]]: p.223</ref>{{#tag:ref|for example, Sunni [[Hanbali]] scholar/preacher [[Al-Hasan ibn 'Ali al-Barbahari]] (d.941) who ruled the streets of Baghdad from 921-941 CE,  insisted that "whoever asserts that there is any part of Islam with which the Companions of the Prophet did not provide us has called them [the Companions of the Prophet] liars".<ref name=cook-2000-109>{{cite book|last1=Cook|first1=Michael|title=The Koran : A Very Short Introduction|date=2000|publisher=Oxford University Press|url=https://archive.org/details/koranveryshorti00cook |url-access=registration|isbn=0192853449|page=[https://archive.org/details/koranveryshorti00cook/page/n122 109]}}</ref>|group=Note}} where it was systematized and elaborated.<ref name=GRHJWIaM2000:513>[[#GRHJWIaM2000|Hawting, "John Wansbrough, Islam, and Monotheism", 2000]]: p.513</ref>

The history of Islamic jurisprudence is "customarily divided into eight periods":<ref name=MAEGIFLEP2006:30-1>[[#MAEGIFLEP2006|El-Gamal, ''Islamic Finance'', 2006]]: pp. 30–31</ref>
*the first period ending with the death of [[Muhammad in Islam|Muhammad]] in 11 AH.<ref name=MAEGIFLEP2006:30-1/>
*second period "characterized by personal interpretations" of the canon by the ''[[Sahabah]]'' or companions of Muhammad, lasting until 50 AH.<ref name=MAEGIFLEP2006:30-1/>
*from 50 AH until the early second century AH there was competition between "a traditionalist approach to jurisprudence" in [[Hijaz|western Arabia]] where Islam was revealed and a "rationalist approach in Iraq".<ref name=MAEGIFLEP2006:30-1/>
*the "golden age of classical Islamic jurisprudence" from the "early second to the mid-fourth century when the [[Madhhab#Amman Message|eight "most significant"]] schools of Sunni and [[Shia|Shi'i]] jurisprudence emerged."<ref name=MAEGIFLEP2006:30-1/>
*from the mid-fourth century to mid-seventh AH Islamic jurisprudence was "limited to elaborations within the main juristic schools".<ref name=MAEGIFLEP2006:30-1/>
*the "dark age" of Islamic jurisprudence stretched from the [[Siege of Baghdad (1258)|fall of Baghdad]] in the mid-seventh AH (1258 CE) to 1293 AH/1876 CE.
*In 1293 AH (1876 CE) the Ottomans codified [[Hanafi]] jurisprudence in the ''[[Mecelle|Majallah el-Ahkam-i-Adliya]]''. Several "juristic revival movements" influenced by "exposure to Western legal and technological progress" followed until the mid-20th century CE. [[Muhammad Abduh]] and [[Abd El-Razzak El-Sanhuri]] were products of this era.<ref name=MAEGIFLEP2006:30-1/> However, Abduh and El-Sanhuri were modernists. 19th century Ottoman Shariah Code was built on the views of the Hanafi school.
*The most recent era has been that of the "[[Islamic revival#Contemporary revivalism|Islamic revival]]", which has been "predicated on rejection of Western social and legal advances" and the development of specifically Islamic states, social sciences, economics, and finance.<ref name=MAEGIFLEP2006:30-1/>
The formative period of Islamic jurisprudence stretches back to the time of the early Muslim communities. During this period, jurists were more concerned with issues of authority and teaching than with theory and methodology.<ref name="Weiss (2002)">Weiss, Bernard G. (2002). ''Studies in Islamic Legal Theory'', edited by [[Bernard G. Weiss]], (Leiden: E. J. Brill, 2002. pp. 3, 161.)</ref>

Progress in theory and methodology happened with the coming of the early Muslim jurist [[Muhammad ibn Idris ash-Shafi`i]] (767–820), who codified the basic principles of Islamic jurisprudence in his book ''ar-Risālah''. The book details the four roots of law ([[Qur'an]], [[sunnah]], ''[[ijma]]'', and ''[[qiyas]]'') while specifying that the primary Islamic texts (the Qur'an and the hadith) be understood according to objective rules of interpretation derived from scientific study of the Arabic language.<ref name=weiss-162>Weiss, Bernard G. (2002). ''Studies in Islamic Legal Theory'', edited by Bernard G. Weiss, (Leiden: E. J. Brill, 2002. p. 162.)</ref>

Secondary sources of law were developed and refined over the subsequent centuries, consisting primarily of juristic preference (''[[istihsan]]''), laws of the previous prophets (''[[shara man qablana]]''), continuity (''[[istishab]]''), extended analogy (''[[maslaha mursala]]''), blocking the means (''[[sadd al-dhari'ah]]''), local customs (''[[urf]]''), and sayings of a companion of the Prophet (''[[qawl al-sahabi]]'').<ref name="Nyazee (2000)">Nyazee, Imran Ahsan Khan (2000). ''Islamic Jurisprudence (UsulAI-Fiqh)''. Islamabad: Islamic Research Institute Press.</ref>

=== Diagram of early scholars ===

[[File:Sunni Streams of Doctrine.png|thumb|Main schools of thought within Sunni Islam, and other prominent streams.]]
[[File:Muslim World Introduction.svg|thumb|Major Schools of Thought and Theology in Islamic World]]
The Quran set the rights, responsibilities, and rules for people and societies to adhere to, such as dealing in [[The Impact of Religion on International Negotiations|interest]]. Muhammad then provided an example, which is recorded in the hadith books, showing people how he practically implemented these rules in a society. After the passing of Muhammad, there was a need for jurists, to decide on new legal matters where there is no such ruling in the Quran or the hadith, example of Muhammad regarding a similar case.<ref>{{cite book|url=https://books.google.com/books?id=gMxjJqurmiAC&q=development+of+schools+of+thought+hanifa&pg=PA30|title=Islam Vs. West|isbn=9780595501571|last1=Asadulla|first1=Abubakr|year=2009|publisher=iUniverse }}</ref><ref>{{cite book|url=https://books.google.com/books?id=es9Sunv_y2MC&q=development+of+schools+of+thought+hanifa&pg=PA20|title=Islamic State Practices, International Law and the Threat from Terrorism|isbn=9781841135014|last1=Rehman|first1=Javaid|date=7 June 2005|publisher=Hart }}</ref>

In the years proceeding Muhammad, the community in Madina continued to use the same rules. People were familiar with the practice of Muhammad and therefore continued to use the same rules.

The scholars appearing in the diagram below were taught by [[Muhammad's companions]], many of whom settled in Madina.<ref name="ReferenceA">{{Cite web|url=http://bewley.virtualave.net/ulama.html|title=ulama|website=bewley.virtualave.net|access-date=25 February 2013|archive-date=21 October 2014|archive-url=https://web.archive.org/web/20141021231627/http://bewley.virtualave.net/ulama.html|url-status=dead}}</ref> ''[[Muwatta Imam Malik|Muwatta]]''<ref name="bewley.virtualave.net">{{Cite web|url=http://bewley.virtualave.net/muwcont.html|title=Muwatta|website=bewley.virtualave.net|access-date=13 November 2023|archive-date=13 October 2010|archive-url=https://web.archive.org/web/20101013110055/http://bewley.virtualave.net/muwcont.html|url-status=dead}}</ref> by [[Malik ibn Anas]] was written as a consensus of the opinion, of these scholars.<ref name="Coulson">{{cite book|url=https://books.google.com/books?id=d5Ks31qHlSYC&q=coulson+history+islamic+law|title=A History of Islamic Law|isbn=9780748605149|last1=Coulson|first1=Noel James|year=1994}}</ref><ref>{{cite book|url=https://books.google.com/books?id=Va6oSxzojzoC&q=Muwatta+consensus+of+the+opinions+scholars&pg=PA207|title=E. J. Brill's First Encyclopaedia of Islam, 1913–1936|isbn=9004097910|last1=Houtsma|first1=M. Th|year=1993|publisher=BRILL }}</ref><ref>{{cite book|url=https://books.google.com/books?id=0_wUAAAAIAAJ&q=Muwatta+consensus+of+the+opinions+scholars&pg=PA264|title=Studies in Islamic History and Civilization|isbn=9789652640147|last1=Šārôn|first1=Moše|year=1986|publisher=BRILL }}</ref> ''Muwatta''<ref name="bewley.virtualave.net"/> by Malik ibn Anas quotes 13 hadiths from Imam [[Jafar al-Sadiq]].<ref name="Muwatta">''Al-Muwatta'' of Imam Malik Ibn Anas, translated by Aisha Bewley (Book #5, Hadith #5.9.23) (Book #16, Hadith #16.1.1) (Book #17, Hadith #17.24.43) (Book #20, Hadith #20.10.40) (Book #20, Hadith #20.11.44) (Book #20, Hadith #20.32.108) (Book #20, Hadith #20.39.127) (Book #20, Hadith #20.40.132) (Book #20, Hadith #20.49.167) (Book #20, Hadith #20.57.190) (Book #26, Hadith #26.1.2) (Book #29, Hadith #29.5.17) (Book #36, Hadith #36.4.5) [http://bewley.virtualave.net/muwcont.html Al-Muwatta'] {{Webarchive|url=https://web.archive.org/web/20101013110055/http://bewley.virtualave.net/muwcont.html |date=13 October 2010 }}</ref>
Aisha also taught her nephew [[Urwah ibn Zubayr]]. He then taught his son [[Hisham ibn Urwah]], who was the main teacher of [[Malik ibn Anas]] whose views many Sunni follow and also taught by Jafar al-Sadiq. [[Qasim ibn Muhammad ibn Abi Bakr]], Hisham ibn Urwah and Muhammad al-Baqir taught [[Zayd ibn Ali]], Jafar al-Sadiq, [[Abu Hanifa]], and Malik ibn Anas.

Imam Jafar al-Sadiq, Imam Abu Hanifa and Malik ibn Anas worked together in [[Al-Masjid an-Nabawi]] in Medina. Along with Qasim ibn Muhammad ibn Abi Bakr, Muhammad al-Baqir, Zayd ibn Ali and over 70 other leading jurists and scholars.

[[Al-Shafi‘i]] was taught by Malik ibn Anas. [[Ahmad ibn Hanbal]] was taught by Al-Shafi‘i. [[Muhammad al-Bukhari]] travelled everywhere collecting hadith and his father [[Ismail ibn Ibrahim]] was a student of Malik ibn Anas.<ref name="Islam Page 67">{{cite book|url=https://books.google.com/books?id=mlGgGVCp0UcC&q=aisha+and+qasim+ibn+muhammad&pg=PA67|title=Understanding Women in Islam|isbn=9789793780191|last1=Hasyim|first1=Syafiq|year=2006|publisher=Equinox }}</ref><ref>{{cite book|url=https://books.google.com/books?id=JdjtUTYSL1UC&q=aisha+and+qasim+ibn+muhammad&pg=PA37|title=Classical Islam|isbn=9780415240321|last1=Calder|first1=Norman|last2=Mojaddedi|first2=Jawid Ahmad|last3=Rippin|first3=Andrew|year=2003|publisher=Psychology Press }}</ref><ref>{{cite book|url=https://books.google.com/books?id=GlqeC1ZFAUEC&q=aisha+and+qasim&pg=PT101|title=Judaism and Islam in Practice|isbn=9781134605538|last1=Brockopp|first1=Jonathan E.|last2=Neusner|first2=Jacob|last3=Sonn|first3=Tamara|date=27 September 2005|publisher=Routledge }}</ref><ref>{{cite web|url=http://www.oocities.org/mutmainaa7/people/jafar_al_sadiq.html|title=Jafar Al-Sadiq}}</ref><ref>{{Cite web|url=http://www.ziaraat.org/jafar.php|title=IMAM JAFAR BIN MUHAMMAD AS-SADIQ (AS)|website=www.ziaraat.org|access-date=13 November 2023|archive-date=22 August 2023|archive-url=https://web.archive.org/web/20230822202122/http://www.ziaraat.org/jafar.php|url-status=dead}}</ref>

{{Islam scholars diagram}}

In the books actually written by these original jurists and scholars, there are very few theological and judicial differences between them. Imam Ahmad rejected the writing down and codifying of the religious rulings he gave. They knew that they might have fallen into error in some of their judgements and stated this clearly. They never introduced their rulings by saying, "Here, this judgement is the judgement of God and His prophet."<ref name="books.google.co.uk">{{cite book|url=https://books.google.com/books?id=W4OKaz5dzdYC&q=Modernist+Islam,+1840-1940:+A+Sourcebook+By+Charles+Kurzman|title=Modernist Islam, 1840–1940|isbn=9780195154689|last1=Kurzman|first1=Charles|year=2002|publisher=Oxford University Press }}</ref> There is also very little text actually written down by Jafar al-Sadiq himself. They all give priority to the Qur'an and the hadith (the practice of Muhammad). They felt that the Quran and the Hadith, the example of Muhammad provided people with almost everything they needed. "This day I have perfected for you your religion and completed My favor upon you and have approved for you Islam as religion" (Qur'an 5:3).<ref>{{cite web |url=http://quran.com/5/3 |title=Surat Al-Ma'idah [5:3] - The Noble Qur'an - القرآن الكريم |url-status=dead |archive-url=https://web.archive.org/web/20130925005700/http://quran.com/5/3 |archive-date=25 September 2013 |df=dmy }} [http://irebd.com/quran/english/surah-5/verse-3/ Quran Surah Al-Maaida ( Verse 3 )] {{Webarchive|url=https://web.archive.org/web/20180612141107/http://irebd.com/quran/english/surah-5/verse-3/ |date=12 June 2018 }}</ref>

These scholars did not distinguish between each other. They were not Sunni or Shia. They felt that they were following the religion of Abraham as described in the Quran "Say: Allah speaks the truth; so follow the religion of Abraham, the upright one. And he was not one of the polytheists" (Qur'an 3:95).

Most of the differences are regarding Sharia laws devised through [[Ijtihad]] where there is no such ruling in the Quran or the hadiths of Islamic prophet Muhammad regarding a similar case.<ref name="books.google.co.uk"/> As these jurists went to new areas, they were pragmatic and continued to use the same ruling as was given in that area during pre-Islamic times, if the population felt comfortable with it, it was just and they used Ijtihad to deduce that it did not conflict with the Quran or the Hadith. As explained in the ''Muwatta''<ref name="bewley.virtualave.net"/> by Malik ibn Anas.<ref name="Coulson"/> This made it easier for the different communities to integrate into the Islamic State and assisted in the quick expansion of the Islamic State.

To reduce the divergence, [[ash-Shafi'i]] proposed giving priority to the Qur'an and the Hadith (the practice of Muhammad) and only then look at the consensus of the Muslim jurists (''[[ijma]]'') and analogical reasoning (''[[qiyas]]'').<ref name="Coulson"/> This then resulted in jurists like Muhammad al-Bukhari<ref name="sahih-bukhari.com">{{cite web|url=http://www.sahih-bukhari.com/|title=Sahih Bukhari : Read, Study, Search Online|first=Sahih|last=Bukhari}}</ref> dedicating their lives to the collection of the correct hadith, in books like [[Sahih al-Bukhari]] (Sahih translates as authentic or correct). They also felt that Muhammad's judgement was more impartial and better than their own.

These original jurists and scholars also acted as a counterbalance to the rulers. When they saw injustice, all these scholars spoke out against it. As the state expanded outside Madina, the rights of the different communities, as they were constituted in the [[Constitution of Medina]] still applied. The Quran also gave additional rights to the citizens of the state and these rights were also applied. Ali, Hassan and [[Husayn ibn Ali]] gave their allegiance to the first three caliphs because they abided by these conditions. Later [[Ali]] the fourth caliph wrote in a letter "I did not approach the people to get their oath of allegiance but they came to me with their desire to make me their Amir (ruler). I did not extend my hands towards them so that they might swear the oath of allegiance to me but they themselves extended their hands towards me."<ref>Nahj ul Balagha Letter 54</ref> But later as fate would have it ([[Predestination in Islam]]) when [[Yazid I]], an [[Umayyad Caliphate|Umayyad]] ruler took power, Husayn ibn Ali the grandson of Muhammad felt that it was a test from God for him and his duty to confront him. Then [[Abd Allah ibn al-Zubayr]], Qasim ibn Muhammad ibn Abi Bakr's cousin confronted the Umayyad rulers after Husayn ibn Ali was betrayed by the people of Kufa and killed by Syrian Roman Army now under the control of the Yazid I.<ref>Najeebabadi, Akbar Shah (2001). The History of Islam V.2. Riyadh: Darussalam. p. 110. {{ISBN|9960-892-88-3}}.</ref> Abd Allah ibn al-Zubayr then took on the Umayyads and expelled their forces from Hijaz and Iraq. But then his forces were depleted in Iraq, trying to stop the Khawarij. The Umayyads then moved in. After a lengthy campaign, in his last hour Abd Allah ibn al-Zubayr asked his mother [[Asma' bint Abu Bakr]] the daughter of [[Abu Bakr]] the first caliph for advice. Asma' bint Abu Bakr replied to her son, she said:<ref name="ummah.com">{{Cite web|url=https://www.ummah.com/forum/forum/general/the-lounge/356138-the-advice-of-asmaa-bint-abu-bakr-ra-to-her-son-abdullah-ibn-zubair-ra|title=The Advice of Asmaa bint Abu Bakr (ra) to her son Abdullah Ibn Zubair (ra)|website=Ummah.com - Muslim Forum|access-date=20 September 2021|archive-date=25 February 2021|archive-url=https://web.archive.org/web/20210225220953/https://www.ummah.com/forum/forum/general/the-lounge/356138-the-advice-of-asmaa-bint-abu-bakr-ra-to-her-son-abdullah-ibn-zubair-ra|url-status=dead}}</ref> "You know better in your own self, that if you are upon the truth and you are calling towards the truth go forth, for people more honourable than you have been killed and if you are not upon the truth, then what an evil son you are and you have destroyed yourself and those who are with you. If you say, that if you are upon the truth and you will be killed at the hands of others, then you will not truly be free." Abd Allah ibn al-Zubayr left and was later also killed and crucified by the Syrian Roman Army now under the control of the Umayyads and led by Hajjaj. [[Muhammad ibn Abi Bakr]] the son of Abu Bakr the first caliph and raised by Ali the fourth caliph was also killed by the Umayyads.<ref>Nahj al-Balagha Sermon 71, Letter 27, Letter 34, Letter 35</ref> [[Aisha]] then raised and taught her son Qasim ibn Muhammad ibn Abi Bakr who later taught his grandson Jafar al-Sadiq.

[[File:Encyclopedia of Islamic Jurisprudence (Fiqh) Mausua Fiqhiya Kuwaitiya ফিকহ বিশ্বকোষ মাওসূ‘আতুল ফিক الموسوعة الفقهية الكوتيتية موسوعہ فقہیہ، کویت.jpg|thumb|350px|The 45 Volumes/18,500 pages, ''[[Encyclopedia of Islamic Jurisprudence|Al Mausu'ah Al Fiqhiyah Al Kuwaitiyah]]'', is the largest printed Fiqh Encyclopedia; it took 40 years to complete and was later translated into Urdu, Tamil, Persian, Malay & Bengali language.]]
During the early Umayyad period, there was more community involvement. The Quran and Muhammad's example was the main source of law after which the community decided. If it worked for the community, was just and did not conflict with the Quran and the example of Muhammad, it was accepted. This made it easier for the different communities, with Roman, Persian, Central Asia and North African backgrounds to integrate into the Islamic State and that assisted in the quick expansion of the Islamic State. The scholars in Madina were consulted on the more complex judicial issues. The Sharia and the official more centralized schools of fiqh developed later, during the time of the Abbasids.<ref name="ReferenceB">Muawiya Restorer of the Muslim Faith By Aisha Bewley p. 68</ref>

==Components==
{{further|Principles of Islamic jurisprudence}}
[[File:Map of the Legal systems of the world (en).png|thumb|350px|[[List of national legal systems|Legal systems of the world]]]]
The sources of [[Sharia]] in order of importance are:<ref name="Abul Quasem 1975 p. 26">Abul Quasem, M. (1975). The ethics of al-Ghazali: A composite ethics in Islam. p. 26</ref>
#[[Qur'an]]
#[[Hadith]]
#[[Ijma]], i.e. collective reasoning and consensus amongst authoritative Muslims of a particular generation, and its interpretation by Islamic scholars.
#The consensus of the [[Sahaba]]
#[[Qiyas]], analogical legal reasoning by Islamic jurists.<ref name="overview">{{cite book|editor1-first=Hisham M. |editor1-last=Ramadan|author1=Irshad Abdel Haqq|author-link1=Islamic law: An Overview of Its Origins and Elements|title=Understanding Islamic Law: From Classical to Contemporary|year=2006|publisher=Rowman Altamira|isbn=9780759109919|url=https://books.google.com/books?id=5ZS7EaHTQX8C&q=Islamic+law%3A+An+Overview+of+Its+Origins+and+Elements&pg=PA1 |access-date=17 August 2016}} p. 18</ref>

Majority of [[Sunni Muslims]] view ''[[Qiyas]]'' as a central Pillar of ''[[Ijtihad]]''.<ref name="overview"/> An example is the ruling of [[Muhammad in Islam|Muhammad]], that "a judge should not sit in judgement while angry", whereas reason adds that this extends to hunger or suffering from a painful disease.<ref name="Abul Quasem 1975 p. 26"/> [[Zahiri]]tes, rejected ''Qiyas'' unlike the Sunnis.<ref>{{Cite book|last=B. Hallaq |first=Wael |title=THE ORIGINS AND EVOLUTION OF ISLAMIC LAW |publisher=[[Cambridge University Press]] |year=2005 |isbn=978-0-521-80332-8 | location=Cambridge, UK |pages=124, 127}}</ref> The ''[[Shia Islam|Shi’a]]'' believed that all laws are implicitly mentioned in the Quran or the sunnah and can be discovered by the jurists of their tradition.<ref>Mansoor Moaddel, ''Islamic Modernism, Nationalism, and Fundamentalism: Episode and Discourse'', pg. 32. [[Chicago]]: [[University of Chicago Press]], 2005.</ref>

The [[Qur'an]] gives instructions on many issues, such as how to perform the ritual purification (''{{lang|ar|[[wudu]]}}'') before the obligatory daily prayers (''{{lang|ar|[[salat]]}}''). On other issues, for example, the Qur'an states one needs to engage in daily prayers (''{{lang|ar|[[salat]]}}'') and fast (''{{lang|ar|[[sawm]]}}'') during the [[Ramadan (calendar month)|month of Ramadan]] but further instructions and details on how to perform these duties can be found in the traditions of Muhammad, so [[Qur'an and Sunnah]] are in most cases the basis for (''{{lang|ar|[[Shariah]]}}'').

Some topics are without precedent in Islam's early period. In those cases, Muslim jurists (''{{lang|ar|[[Fuqaha]]}}'') try to arrive at conclusions by other means. [[Sunni]] jurists use historical consensus of the community (''{{lang|ar|[[Ijma]]}}''); a majority in the modern era also use [[analogy]] (''{{lang|ar|[[Qiyas]]}}'') and weigh the harms and benefits of new topics (''{{lang|ar|[[Istislah]]}}''), and a plurality utilizes juristic preference (''{{lang|ar|[[Istihsan]]}}''). The conclusions arrived at with the aid of these additional tools constitute a wide array of laws, and its application is called ''fiqh''. Thus, in contrast to the ''sharia'', ''fiqh'' is not regarded as [[sacred]] and the schools of thought have differing views on its details, without viewing other conclusions as [[Sacrilege|sacrilegious]]. This division of interpretation in more detailed issues has resulted in different schools of thought (''{{lang|ar|[[madh'hab]]}}'').

This wider concept of '''Islamic jurisprudence''' is the source of a range of laws in different topics that guide Muslims in everyday life.

=== Component categories ===
[[File:Actions in Fiqh.png|thumb|Actions in Islamic Fiqh]]

Islamic jurisprudence (''fiqh'') covers two main areas:
# Rules in relation to actions, and,
# Rules in relation to circumstances surrounding actions.

These types of rules can also fall into two groups:
# Worship ([[Ibadah|Ibadaat]])
# Dealings and transactions (with people) ([[Muamalat|Mu`amalaat]])

Rules in relation to actions ('''amaliyya'' — عملية) or "[[Ahkam|decision types]]" comprise:
# Obligation (''[[fardh]]'')
# Recommendation (''[[mustahabb]]'')
# Permissibility (''[[mubah]]'')
# Disrecommendation (''[[makrooh]]'')
# Prohibition (''[[haraam]]'')

Rules in relation to circumstances (''wadia''') comprise:
# Condition (''shart'')
# Cause (''sabab'')
# Preventor (''mani'')
# Permit / Enforced (''rukhsah, azeemah'')
# Valid / Corrupt / Invalid (''sahih, fasid, batil'')
# In time / Deferred / Repeat (''adaa, qadaa, i'ada'')

=== Methodologies of jurisprudence ===
{{main|Principles of Islamic jurisprudence}}

The [[modus operandi]] of the Muslim jurist is known as ''[[usul al-fiqh]]'' ("principles of jurisprudence").

There are different approaches to the methodology used in jurisprudence to derive Islamic rulings from the primary sources of ''[[sharia]]'' (Islamic law). The main methodologies are those of the [[Sunni]], [[Shi'a]] and [[Ibadi]] denominations. While both Sunni and [[Shi'ite]] (Shia) are divided into smaller sub-schools, the differences among the Shi'ite schools is considerably greater. Ibadites only follow a single school without divisions.

While using court decisions as legal precedents and [[case law]] are central to Western law, the importance of the institution of fatawa (non-binding answers by Islamic legal scholars to legal questions) has been called "central to the development" of Islamic jurisprudence.<ref name=MAEGIFLEP2006:32>[[#MAEGIFLEP2006|El-Gamal, ''Islamic Finance'', 2006]]: p. 32</ref> This is in part because of a "vacuum" in the other source of Islamic law, ''qada`'' (legal rulings by state appointed Islamic judges) after the fall of the last [[caliphate]] the Ottoman Empire.<ref name=MAEGIFLEP2006:30-1/> While the practice in Islam dates back to the time of Muhammad, according to at least one source (Muhammad El-Gamal), it is "modeled after the [[Roman Empire|Roman]] system of ''[[responsa]]''," and gives the questioner "decisive primary-mover advantage in choosing the question and its wording."<ref name=MAEGIFLEP2006:30-1/>

Each school (''[[madhhab]]'') reflects a unique ''[[urf]]'' or culture (a cultural practice that was influenced by traditions), that the classical jurists themselves lived in, when rulings were made. Some suggest that the discipline of ''[[isnad]]'', which developed to validate ''hadith'' made it relatively easy to record and validate also the rulings of jurists. This, in turn, made them far easier to imitate (''[[taqlid]]'') than to challenge in new contexts. The argument is, the schools have been more or less frozen for centuries, and reflect a culture that simply no longer exists. Traditional scholars hold that religion is there to regulate human behavior and nurture people's moral side and since human nature has not fundamentally changed since the beginning of Islam a call to modernize the religion is essentially one to relax all laws and institutions.

Early ''[[shariah]]'' had a much more flexible character, and some modern Muslim scholars believe that it should be renewed, and that the classical jurists should lose special status. This would require formulating a new fiqh suitable for the modern world, e.g. as proposed by advocates of the [[Islamization of knowledge]], which would deal with the modern context. This modernization is opposed by most conservative ''[[ulema]]''. Traditional scholars hold that the laws are contextual and consider circumstance such as time, place and culture, the principles they are based upon are universal such as justice, equality and respect. Many Muslim scholars argue that even though technology may have advanced, the fundamentals of human life have not.

=== Fields of jurisprudence ===
{{flatlist}}
*[[Islamic criminal jurisprudence|Criminal]]
*[[Islamic economical jurisprudence|Economics]]
*[[Adab (behavior)|Etiquette]]
*[[Islamic family jurisprudence|Family]]
*[[Hygiene in Islam|Hygienical]]
*[[Islamic inheritance jurisprudence|Inheritance]]
*[[Islamic marital jurisprudence|Marital]]
*[[Rules of war in Islam|Military]]
*[[Islamic political jurisprudence|Political]]
*[[Islamic theological jurisprudence|Theological]]
{{endflatlist}}

=== Schools of jurisprudence ===
{{Main|Madhhab}}
There are several [[Madhhab|schools of fiqh thought]] ({{langx|ar|مذهب}} ''{{Transliteration|ar|DIN|madhhab}}''; pl. {{lang|ar|مذاهب}} ''{{Transliteration|ar|DIN|maḏāhib}}'')
[[File:Madhhab Map3.png|thumb|Map of the Muslim world with the main schools of thoughts<ref>{{Cite web |title=Islamic Jurisprudence & Law {{!}} ReOrienting the Veil |url=https://veil.unc.edu/religions/islam/law/ |access-date=2025-05-19 |language=en-US}}</ref>{{Needs update|date=May 2025|reason=Our Fiqh map does need an update, for example Bahrain is mostly orange (representing Ja'fari) while its Monarchy is Maliki and a majority of its citizens Sunni. Would be very helpful to get an update to date SVG version of the map as there are some tiny island Indian Ocean countries who are not shown on the map}}]]
The schools of [[Sunni Islam|Sunni]] Islam are each named by students of the classical jurist who taught them. The Sunni schools (and where they are commonly found) are:
*[[Hanafi school|Hanafi]] ([[Turkey]], [[Balkans]], [[Levant]], [[Central Asia]], [[Islam in South Asia|South Asia]], [[Islam in China|China]], [[North Caucasus|Northwest Caucasus]], [[Lower Egypt]], and [[Tatarstan]])
*[[Maliki school|Maliki]] ([[North Africa]], [[West Africa]], [[Upper Egypt]], [[Kuwait]], [[Bahrain]], [[Emirate of Abu Dhabi|Abu Dhabi]], and [[Emirate of Dubai|Dubai]])
*[[Shafi'i school|Shafi'i]] ([[Indonesia]], [[Malaysia]], [[Brunei]], [[Kurdistan]], [[East Africa]], [[Indian Ocean]], [[North Caucasus|Northeast Caucuses]], [[Yemen]], [[Oman]], [[Islam in Kerala|Kerala]], and [[Emirate of Fujairah|Fujairah]])
*[[Hanbali school|Hanbali]] ([[Saudi Arabia]], [[Qatar]], [[Emirate of Sharjah|Sharjah]], [[Emirate of Umm Al Quwain|Umm al-Quwain]], [[Emirate of Ras Al Khaimah|Ras al-Khaimah]], and [[Emirate of Ajman|Ajman]])

The schools of [[Shia]] Islam are based off of the [[Ja'fari school|Ja'fari]] school of jurisprudence. The Shia schools (and where they are commonly found) are:
*[[Twelver Shi'ism|Twelver]] ([[Iran]], [[Iraq]], and [[Azerbaijan]])
*[[Ismailism|Isma'ili]]<ref>{{cite book |last=Lakhani |first=M. Ali |title=Faith and Ethics: The Vision of the Ismaili Imamat |page=4 |quote=The place of the Ismailis within the theological pluralism of the Muslim community is best summarised by their Imam's statement to the International Islamic Conference held in Amman in July 2005: "Our historic adherence is to the Ja'fari madhhab and other madhahib of close affinity, and it continues, under the leadership of the hereditary Ismaili Imam of the time. This adherence is in harmony also with our acceptance of Sufi principles of personal search and balance between the zahir and the spirit or the intellect which the zahir signifies." |publisher=Bloomsbury Publishing |year=2017 |isbn=978-1786733900}}</ref> (minority communities in [[Central Asia]], [[South Asia]], [[Levant]], [[Yemen]])
*[[Zaydism|Zaydi]] (minority communities in [[Yemen]])

Entirely separate from both the Sunni and Shia traditions, [[Kharijites|Khawarij]] Islam has evolved its own distinct school.
*[[Ibadism|Ibadi]] (minority communities in [[Oman]])

These schools share many of their rulings, but differ on the particular [[hadith]]s they accept as authentic and the weight they give to analogy or reason ([[qiyas]]) in deciding difficulties.

The relationship between (at least the Sunni) schools of jurisprudence and the conflict between the unity of the Shariah and the diversity of the schools, was expressed by the 12th century Hanafi scholar [[Abu Hafs Umar al-Nasafi]], who wrote: "Our school is correct with the possibility of error, and another school is in error with the possibility of being correct."<ref>{{cite book|last1 = Brown|first1 = Jonathan A.C.|author-link = Jonathan A.C. Brown|title = Misquoting Muhammad: The Challenge and Choices of Interpreting the Prophet's Legacy|date = 2014|publisher = [[Oneworld Publications]]|isbn = 978-1780744209|url = https://archive.org/details/misquotingmuhamm0000brow/page/50|access-date = 4 June 2018|ref = JACBMM2014|pages = [https://archive.org/details/misquotingmuhamm0000brow/page/50 50-51]}}</ref>

== Influence on Western laws ==
{{main|Sharia#Classic Islamic law|l1=Sharia: Classic Islamic law}}

A number of important legal [[institution]]s were developed by Muslim jurists during the classical period of Islam, known as the [[Islamic Golden Age]]. One such institution was the ''[[Hawala]]'', an early [[informal value transfer system]], which is mentioned in texts of Islamic jurisprudence as early as the 8th century. ''Hawala'' itself later influenced the development of the [[Agency (law)|agency]] in [[common law]] and in [[Civil law (legal system)|civil laws]] such as the ''aval'' in [[Law of France|French law]] and the ''avallo'' in [[Italy|Italian]] law.<ref>{{cite journal |title=Islamic Law: Its Relation to Other Legal Systems |first=Gamal Moursi |last=Badr |journal=The American Journal of Comparative Law |volume=26 |issue=2 – Proceedings of an International Conference on Comparative Law, Salt Lake City, Utah, 24–25 February 1977 |date=Spring 1978 |pages=187–198 [196–98] |doi=10.2307/839667 |publisher=American Society of Comparative Law |jstor=839667}}</ref>

The ''[[Waqf]]'' in [[Sharia|Islamic law]], which developed during the 7th–9th centuries, bears a notable resemblance to the [[Charitable trust|trusts]] in the English [[trust law]].<ref>{{Harvnb|Gaudiosi|1988}}</ref> For example, every ''Waqf'' was required to have a ''waqif'' (settlor), ''mutawillis'' (trustee), ''[[qadi]]'' (judge) and beneficiaries.<ref>{{Harvnb|Gaudiosi|1988|pp=1237–40}}</ref> The trust law developed in [[England]] at the time of the [[Crusades]], during the 12th and 13th centuries, was introduced by Crusaders who may have been influenced by the ''Waqf'' institutions they came across in the [[Middle East]].<ref>{{Harvnb|Hudson|2003|p=32}}</ref><ref>{{Harvnb|Gaudiosi|1988|pp=1244–45}}</ref>

In classical Islamic jurisprudence, litigants in court may obtain [[notarized]] statements from between three and twelve witnesses. When the statements of all witnesses are consistent, the notaries will certify their unanimous testimony in a legal document, which may be used to support the litigant's claim.<ref>{{cite book|title=The Justice of Islam|pages=7–9|author=Lawrence Rosen|publisher=Oxford University Press|year=2000|isbn=9780198298847}}</ref> The notaries serve to free the [[qadi|judge]] from the time-consuming task of hearing the testimony of each eyewitness himself, and their documents serve to legally authenticate each oral testimony.<ref>{{cite book|title=The Expert Witness in Islamic Courts|year=2010|publisher=University of Chicago Press|author=Ron Shaham|pages=4–8|isbn=9780226749358}}</ref> The [[Maliki]] school requires two notaries to collect a minimum of twelve eyewitness statements in certain legal cases, including those involving unregistered marriages and land disputes.<ref>{{cite book|title=Positive Law from the Muslim World|author=Baudouin Dupret|year=2021|isbn=9781108960137|pages=205–210|publisher=Cambridge University Press}}</ref><ref>{{cite book|title=Property, Social Structure, and Law in the Modern Middle East|year=1985|pages=54–64|editor=Ann Elizabeth Mayer|publisher=[[SUNY]] Press|isbn=9780873959889}}</ref> John Makdisi has compared this group of twelve witness statements, known as a ''lafif'', to [[English Common Law]] jury trials under [[Henry II of England|Henry II]], surmising a link between the king's reforms and the legal system of the [[Kingdom of Sicily]]. The island had previously been ruled by various Islamic dynasties.<ref name="Rodhan">{{cite book |last1=Al-Rodhan |first1=Nayef R. F. |title=The Role of the Arab-Islamic World in the Rise of the West: Implications for Contemporary Trans-Cultural Relations |date=2012 |publisher=Palgrave Macmillan |isbn=978-0-230-39320-2 |page=73 |url=https://books.google.com/books?id=n4OpT4ZP278C |access-date=25 May 2020 |language=en }}{{Dead link|date=November 2023 |bot=InternetArchiveBot |fix-attempted=yes }}</ref><ref name="Makdisi">{{cite journal |last1=Makdisi |first1=John |title=The Islamic Origins of the Common Law |journal=North Carolina Law Review |date=1 June 1999 |volume=77 |issue=5 |pages=1635 |url=https://scholarship.law.unc.edu/nclr/vol77/iss5/2/ |access-date=25 May 2020}}</ref>

Several other fundamental [[common law]] institutions may have been adapted from similar legal institutions in [[Sharia|Islamic law]] and jurisprudence, and introduced to England by the [[Normans]] after the [[Norman conquest of England]] and the Emirate of Sicily, and by Crusaders during the [[Crusades]]. In particular, the "royal English [[contract]] protected by the action of [[debt]] is identified with the Islamic ''Aqd'', the English [[assize of novel disseisin]] is identified with the Islamic ''Istihqaq'', and the English [[jury]] is identified with the Islamic ''lafif''." John Makdisi speculated that English legal institutions such as "the [[scholastic method]], the [[licence]] to [[Education|teach]]", the "[[law school]]s known as [[Inns of Court]] in England and ''[[Madrasah|Madrasas]]'' in Islam" and the "European [[commenda]]" (Islamic ''[[Qirad]]'') may have also originated from Islamic law.<ref name=Makdisi/> The methodology of [[Precedent|legal precedent]] and reasoning by [[analogy]] (''[[Qiyas]]'') are also similar in both the Islamic and common law systems.<ref name=Gamal>{{cite book |title=Islamic Finance: Law, Economics, and Practice |url=https://archive.org/details/islamicfinancela00elga |url-access=limited |first=Mahmoud A. |last=El-Gamal |year=2006 |publisher=[[Cambridge University Press]] |isbn=0-521-86414-3 |page=[https://archive.org/details/islamicfinancela00elga/page/n35 16] }}</ref> These influences have led some scholars to suggest that Islamic law may have laid the foundations for "the common law as an integrated whole".<ref name=Makdisi/>

== See also ==
{{Portal|Islam|Law}}
* [[Abdallah al-Harari]]
* [[Athari|Traditionalist theology]]
* ''[[Bahar-e-Shariat]]''
* [[Glossary of Islam]]
* [[Index of Islam-related articles]]
* [[Ja'fari jurisprudence]]
* [[Outline of Islam]]
* [[List of Islamic terms in Arabic]]
* ''[[Ma'ruf]]''
* ''[[Mizan]]'' – a comprehensive treatise on the contents of Islam written by [[Javed Ahmed Ghamidi]]
* [[Palestinian law]]
* [[Schools of Islamic theology]]
* [[Sources of Islamic law]]
* [[The four Sunni Imams]]
* ''[[Urf]]''

==References==
===Notes===
{{reflist|group=Note}}

===Citations===
{{Reflist|30em}}

=== Bibliography ===
{{refbegin|30em}}
* {{cite encyclopedia |first=Norman |last=Calder |title=Law. Legal Thought and Jurisprudence |encyclopedia=The Oxford Encyclopedia of the Islamic World |editor=John L. Esposito |publisher=Oxford University Press |location=Oxford |year=2009 |url=http://www.oxfordislamicstudies.com/article/opr/t236/e0473|archive-url=https://web.archive.org/web/20081121033722/http://www.oxfordislamicstudies.com/article/opr/t236/e0473|url-status=dead|archive-date=21 November 2008}}
*Doi, Abd ar-Rahman I., and Clarke, Abdassamad (2008). ''Shari'ah: Islamic Law''. Ta-Ha Publishers Ltd., {{ISBN|978-1-84200-087-8}} (hardback)
* Cilardo, Agostino, "Fiqh, History of", in ''Muhammad in History, Thought, and Culture: An Encyclopedia of the Prophet of God'' (2 vols.), Edited by C. Fitzpatrick and A. Walker, Santa Barbara, ABC-CLIO, 2014, Vol I, pp.&nbsp;201–206.
* {{citation|last=Dahlén|first=Ashk |title=Islamic Law, Epistemology and Modernity. Legal Philosophy in Contemporary Iran|year=2003|location=New York|publisher=Routledge |isbn=9780415945295|url=https://books.google.com/books?id=QARHBQAAQBAJ}}
*{{cite book |last1=El-Gamal |first1=Mahmoud A. |title=Islamic Finance : Law, Economics, and Practice |publisher=Cambridge University Press |date=2006 |url=http://iugc.yolasite.com/resources/Reference%20Book%2004%20-%20Islamic%20finance,%20law%20economics%20and%20practice,%20M.%20El%20Gamal.pdf |ref=MAEGIFLEP2006 |access-date=28 February 2017 |archive-url=https://web.archive.org/web/20180403160351/http://iugc.yolasite.com/resources/Reference%20Book%2004%20-%20Islamic%20finance,%20law%20economics%20and%20practice,%20M.%20El%20Gamal.pdf |archive-date=3 April 2018 |url-status=dead }}
*{{Cite journal |journal=[[University of Pennsylvania Law Review]] |volume=136 |issue=4 |date=April 1988 |pages=1231–1261 |doi=10.2307/3312162 |last1=Gaudiosi |first1= Monica M. |title=The Influence of the Islamic Law of Waqf on the Development of the Trust in England_ The Case of Merton College |publisher=The University of Pennsylvania Law Review |jstor=3312162|s2cid=153149243 |url=http://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=3909&context=penn_law_review |url-access=subscription }}
*{{cite book |last1=Hawting |first1=G.R. |title=The Quest for the Historical Muhammad |date=2000 |publisher=Prometheus Books |location=New York |pages=489–509 |chapter=16. John Wansbrough, Islam, and Monotheism |ref=GRHJWIaM2000}}
*{{Cite book
 |last=Hudson
 |first=A.
 |title=Equity and Trusts
 |year=2003
 |edition=3rd
 |publisher=Cavendish Publishing
 |location=London
 |isbn=978-1-85941-729-4
 }}

*{{Cite book |last=Levy |first=Reuben |title=The Social Structure of Islam |location=UK |publisher=Cambridge University Press |year=1957 |isbn=978-0-521-09182-4 |url=https://archive.org/details/socialstructureo0000levy }}
*{{Cite journal |last=Makdisi|first=John A.|title=The Islamic Origins of the Common Law |journal=[[North Carolina Law Review]] |date=June 1999 |volume=77 |issue=5 |pages=1635–1739}}
* {{cite encyclopedia |first=Irene |last=Schneider |title=Fiqh |encyclopedia=The Oxford Encyclopedia of Islam and Politics |publisher=Oxford University Press |editor=Emad El-Din Shahin |year=2014 |doi=10.1093/acref:oiso/9780199739356.001.0001|isbn=9780199739356 }}
{{refend}}

==Further reading==
*Potz, Richard, [http://nbn-resolving.de/urn:nbn:de:0159-2011112127 Islamic Law and the Transfer of European Law], [[European History Online]], Mainz: [[Institute of European History]], 2011. (Retrieved 28 November 2011.)
*[Saeed, Abu Hayyan, Jurisprudence of Islam (December 3, 2023). Available at SSRN: https://ssrn.com/abstract=4651796 or http://dx.doi.org/10.2139/ssrn.4651796]

==External links==
* [https://halaqa.home.blog/2021/02/12/types-of-hanafi-legal-rulings-ahkam/ Types of Hanafi Legal Rulings (Ahkam)]
* [Saeed, Abu Hayyan, Jurisprudence of Islam (December 3, 2023). Available at SSRN: https://ssrn.com/abstract=4651796 or http://dx.doi.org/10.2139/ssrn.4651796]
*{{Commons category-inline}}

{{Islam topics |Law |state=collapsed}}
{{Authority control}}

[[Category:Islamic jurisprudence| ]]
[[Category:Arabic words and phrases in Sharia]]
[[Category:Law schools]]