This system commonly known as ILMULFIQH, is extensive, covering a very wide range; and its history dates back to the earliest Islamic era. It has been taught with great detail and ramifications in every era, producing several jurisconsults of repute during every century. Among the jurists, known as FAQIH (pl. Fuqaha) some were genius. A number of volumes have appeared to elucidate the Islamic jurisprudence, some of them are masterly treatment of the laws on every walk of human life.
Most of the problems confronting human society are dealt with
by various laws, like, the civil laws, the family laws, the penal
code, the management laws, and so on. Fiqh deals with all of them
under various chapters, and in different names. Moreover, it deals
with such laws which are not covered by the modern day laws, like
the ones related to the acts of worship. Because of a very wide
range of subjects covered by Fiqh, it actually includes numerous
faculties which are normally learnt separately today.
The term 'FIQH' in the Quran & Hadith
The word 'FIQH' and its derivation 'TAFAQQUH' has been extensively used in the Quran and Hadith, and in almost all cases it denotes indepth study and profound understanding. The Quran says:
"If a group of people from every tribe stayed behind to
study (and ponder on) the religion, (they would be able) to warn
and admonish their people when they return to them so that they
are cautious." (AlTawbah. V.122)
And the Prophet (s.a.w) is reported to have said:
"Whoever commits forty Hadith for the sake of my Ummah
shall be resurrected by Allah as a learned FAQIH."
It is not known whether the term FAQIH was applied to the learned companions of the Prophet (s.a.w). However, we certainly know that the generation which followed the companions, known as TABE'EEN, used this appellation for a number of scholars among them. There were for example, seven great jurists among them who are known as 'FUQAHA SAB'AH' i.e. the seven fuqaha. The year 94 A.H. was known as 'SANATUL FUQAHA' (the year of the Fuqaha) because in that year, together with our fourth Imam, Ali b. Hussain (A.S.), great jurists like Saeed b. Musayyab, Urwah b. Zubair, Saeed b. Jubayr and others died. Thereafter, great Islamic scholars, particularly the jurists were commonly classified as Fuqaha.
Our Imams (peace be upon them) have used the term Faqih quite
often. Some of their companions were recommended to study religion
thoroughly and become Faqih, and when they attained that degree
of knowledge, they were called FUQAHA. We know of quite a few
students of our Imams (A.S.) who were known as Shiah Fuqaha by
The term FAQIH as elucidated by Islamic Scholars.
In the Quran and Hadith, Fiqh denotes profound understanding and
knowledge of Islamic fundamentals and laws, and is not confined
to any particular branch of religious sciences. But with the passage
of time, the word become synonymous with the knowledge of Islamic
laws and jurisprudence.
The Ulema have divided Islamic teachings into three groups:
Principles of Faith These are the fundamentals which
are related to one's faith, like the belief of God, the resurrection
and the Day of Judgement, the Prophethood, the divine revelation,
the Angels, the Imamat.
Moral behaviour and ethics These are aimed at improving
human behaviour) and cultivating spiritual aspects of our existence.
They deal with TAQWA, Justice, Generosity, Bravery, Patience,
Submission to the Will of Allah, and so on.
Practical laws These deal with the rules and regulations
laid down for certain acts, and also provide guidelines for the
way these acts be performed.
The Fuqaha of Islam have restricted the use of the word FIQH to
the third category, perhaps because it has been a matter of popular
concern, and that the believer sought such guidance more often.
This is why men of proficiency in this branch of Islamic knowledge
only came to be known as 'FUQAHA'.
Hukme TAKLIFI & Hukme WADH'EE
It is important that we are acquainted with some of the terminologies
used by FUQAHA in relation to Islamic laws. The divine laws are
divided by them in two groups: TAKLIFI and WADH'EE.
TAKLIFI laws are WAJIB, HARAM, MUSTAHAB, MAKROOH and MUBAH. These
are five aspects of Islamic laws which a Muslim has to keep in
mind while discharging his obligations.
In Islam, every human act will fall in one of these five categories.
There are acts which are WAJIB, which must be performed as an
obligation, like the daily prayers, as opposed to those which
are HARAM and forbidden, like speaking lies, being unjust, intoxication,
and so on. Then there are acts which are optional. They are recommended
acts which are rewarded, but if not performed, no sin is committed.
The example is optional prayers (NAFILAH) which either precede
or follow the daily prayers. On the other hand, there are certain
unworthy acts, i.e. MAKROOH, which a Muslim is advised to avoid,
but no sin is committed if he engages in them, like talking about
worldly affairs in the Mosque which is supposed to be a place
of worship. Besides, there are acts which are MUBAH, meaning permissible
acts, doing or not doing of them does not entail any reward or
Thus, we see that Taklifi laws are based on 'do's' and 'don'ts',
enjoining, forbidding, or generally permitting a Muslim.
WADH'EE laws are an amalgam of temporal and divine laws, partly
governed by natural or moral duties, like matrimony, proprietorship,
contracts and so on.
TA'ABBUDI and TAWASSULI
The obligatory (WAJIB) acts are of two types: TA'ABBUDI and TAWASSULI.
Those Wajib acts which must be performed with a vivid and clear
intention (NIYYAT) of earning the pleasure and proximity of Allah
(QURBAT) are TA'ABBUDI. Such a niyyat is a prerequisite, in absence
of which the act would be considered invalid. The examples are
all acts of worships, like the daily prayers, fasting etc.
But there are other obligations which do not necessarily require
the intention of QURBAT for their validity, like obedience to
the parents, fulfilling promises and pledges, honouring the contracts,
performing incumbent social responsibilities and so on.
AYNI & KIFAI
WAJIB acts have been further classified as AYNI and KIFAI:
WajibeAyni are those obligatory acts with which every
individual Muslim is charged, like the daily prayers and fasting
during the month of Ramadhan. But WajibeKifai remains
a collective obligation on the general Muslim populace, until
it is performed by one or few among them, thus relieving the rest
of the obligation.
Like the social obligations of qualifying as a doctor, becoming
a soldier, a judge, a farmer or a businessman, and in this form
of obligation is included the rituals of GhusleMayyit,
kafan and burial etc.
TA'YINI & TAKHYIRI
This is yet another classification of WAJIB acts. WajibeTa'yini
relates to those particular acts which have been specifically
identified as obligatory, like the daily prayers, fasting, Haj,
Khums, Zakat, Amir bil Maroof, Jehad etc. But WajibeTakhyiri
offers choice and alternatives, like in the case of kaffara for
a person who has deliberately left out a fast in the month of
Ramadhan. He will either free a slave, or feed sixty deserving
poor, or keep sixty fasts.
NAFSI & MUQADDAMI
In this classification, NAFSI Wajib acts are those which are obligatory
by themselves, and are not a prelude to another obligation. For
example, it is Wajib to rescue a person who is on the verge of
being burnt, drowned or harmed to death.
Muqaddami obligation, besides being Wajib itself, is actually
a mean to performing another Wajib act. For example, it is Wajib
to rescue a person who has fallen into a well, but preparing for
the rescue by way of procuring a rope or any other implement is
a Muqaddami Wajib. Similarly, Haj is a NAFSI Wajib, but attending
to its prerequisites like getting a passport, buying the tickets,
and other necessary preparations will be termed Muqaddami. In
the case of the daily prayers, for example, Wudhu and Ghusl at
the time of the prayers would be called Muqaddami.