As mentioned earlier, the range of topics covered by Fiqh is very
wide. It is therefore necessary to briefly acquaint oneself with
the chapters and headings of these subjects. The only subjects
which are outside the pale of Fiqh are the fundamentals and the
Islamic ethics.
It must be noted that the classification of the subjects under
Fiqh was first organised by Muhaqqiq Hilli in his famous work
'SHARAE', and later, 'SHAHEEDEAWWAL', glossed over
it. He divided the topics into four parts: IBADAAT, (acts of worship),
UQOOD (contracts), IQAA'AT(pronouncements) AHKAM (the laws).
IBADAAT All those acts which ought to be performed
as prescribed in Sharia, and must be preceded by the NIYYAH of
QURBAT are known as IBADAAT. e.g. daily prayers, fasting, Haj
etc.
AHKAM Those duties which are to be discharged according
to Sharia, but do not necessarily require any NIYYAH of QURBAT
nor do they require any pronouncement of specific formula while
performing them are called AHKAM. For example, the laws of inheritance,
the penal code, the laws of compensation and blood money etc.
UQOOD Those contracts of Sharia which do not require
the NIYYAH of QURBAT, but are to be declared with the pronouncement
of a formula in which one party declares the intention and another
responds by acceptance, are called AQD (pl. UQOOD) for example,
Marriage (Nikah), Ijarah (letting or leasing), Bay' ( buying and
selling) etc.
IQA'AAT Those pronouncements which do not require
participation of two parties. In other words, a person pronounces
it unilaterally, and the act is considered valid in Sharia. For
example, remission of debt (releasing a debtor from his liabilities),
divorce, and releasing a slave etc.
Muhaqqiq Hilli has discussed all the four categories under forty
eight Chapters. In Ibadaat, he has ten chapters, in Uqood fifteen,
in Iqa'aat eleven and in Ahkam twelve. Later, these numbers have
had some alterations which we shall notice in the course of our
discussion.
In the early era, that is, the first and the second century Hijra,
the FUQAHA chose one or two topics of FIQH and wrote about them.
They did not venture to write a comprehensive work covering the
whole range. As we study their lives, we find that they have authored
books on SALAT, IJARAH, NIKAH and so on. Instead of stating that
they have dealt with a particular chapter in FIQH, they named
each separate treatise as KITAB. Thus, we come across 'KITBUN
NIKAH', 'KITABU TTAHARAH' and so on.
Let us now examine how Muhaqqiq Hilli divided IBADAAT in ten chapters.