Islamic Law - Questions and Answers

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1. What is the difference between shari’a and fiqh?

The difference between the Sharī’ah and fiqh is best illustrated by their function in Islamic law. The Sharī’ah is the law according to the way God wants Muslims to live. Ideals and Realities of Islam 94. It is derived from the Qur’ān. Principles of Islamic Jurisprudence 14. The Qur’ān is the spoken word of God given to Muslims by the prophet. Id. It follows that the Sharī’ah “is the ideal pattern for the individual’s life and the Law which binds the Muslim people into a single community”. Ideals and Realities of Islam at 94. Sharī’ah is Islamic law. Id. at 93.

While the Sharī’ah is the law, fiqh, or Islamic jurisprudence, explains the Sharī’ah, Qur’ān, and other secondary sources of Islamic law. N.J. Coulson, A History of Islamic Law 83. However, some ulema go as far to say that all other sources are explanatory to the Qur’ān. Principles of Islamic Jurisprudence 14.

The fiqh is the jurisprudence in which to understand the Sharī’ah. Coulson, supra, at 83. Fiqh provides direction to Muslims on Islamic law. Id. Fiqh regulates issues, in great detail, of ritual practices of faith, composite science of law and morality. Coulson, supra, at 83. The teachings of fiqh are explained by the fuqahā, who are the “guardians of the Islamic conscience”. Id.

In brief, the differences of Sharī’ah and fiqh can be illustrated by looking at their functions. The Sharī’ah is the source of Islamic law and is derived from the Qur’ān, whereas, fiqh is the Islamic jurisprudence and provides guidance on Islamic law.

2. The motto of The Muslim Brotherhood proclaims, “The Qur’ān is our constitution.” (AL-QUR’ĀN U DUSTURUNA). Is this a realistic statement based on your understanding of the concept of Shari’ah? Why or why not?

In the strictest sense, the statement “The Qur’ān is our constitution” is inaccurate. The Qur’ān is not a “legal document or constitutional document.” Principles of Islamic Jurisprudence 19. In fact, less than 1/10th of the Qur’ān relates to the law. Id. By taking a closer inspection, the Qur’ān is a religious document and directs Muslims on issues of “belief, morality, the five pillars of faith” and numerous other topics. Id. Based strictly on the above observation, the Qur’ān can not be considered a constitution.

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