Meaning of Fiqh and Fuqaha
Fiqh means reflection and understanding. Islamic laws which have been derived and arranged for the convenience of common people are called Fiqh. One who accomplishes this task is called Faqeeh (Jurist). Its plural is Fuqaha. Faqih is also called Imām. Its plural is A'imma.
Every individual cannot understand the complexities of the Qur'an and tradition and neither everyone can possess so much of knowledge of the Qur'an and tradition that he himself can get to know all the instructions. Therefore, it was essential that all the instructions of Prophet (ﷺ) should be systematically arranged with efforts and thoughtfulness so that nobody may find drawbacks in understanding these instructions.
Basis of Islamic Law
There are two real fountain heads of Islamic Law: The Qur'an and tradition. The instructions which are present in it in their obvious form are absolutely uncompromising and are obligatory and everlasting. Not even a negligible alteration can be made in them. Neither can any one deviate from them a bit nor is it permissible for anyone that he would decide the affairs by deviating from them. One deviating will cease to be a Muslim.
"And those who do not judge by what Allah has revealed are (truly) the disbelievers."[Al-Ma'idah:44]
To be competent to make Ijtihad, one has to have complete acquaintance, learning, abstinence, deep insight into religion, legal expertise and ability to act with the importunities of the time. If Mujtahideen have a consensus, it is called Ijma' and in comparison to usual analogy, significance of Ijma' is accepted.
There can be differences in the interpretations of analogy and disagreement can occur since it is a matter of expressing individual opinion. Need for alteration may be required as per conditions of the period which keep on changing regularly.
Finding out solution through interpretation and analogy does not involve any innovation or addition in faith. Prophet (ﷺ) himself had counseled this manner of action.
When Ma'az Ibn Jabal was appointed the Governor of Yemen, Prophet (ﷺ) asked him, "How will you take your decisions?" He replied: "According to Allah's book." Prophet (ﷺ) then asked, "If you do not get the intended matter in Qur'an then what will you do?" He answered: "According to the Sunnah of Prophet (ﷺ)." Prophet (ﷺ) enquired, "What will you do if you do not find the desired matter in Sunnah as well?" Then he said, "I will attempt according to my opinion and for the deduction of arguments I will not leave any stone unturned." On this reply Prophet (ﷺ) was so much pleased that by raising his hands towards the sky, he (ﷺ) said: "Oh Allah what your messenger's messenger has stated. I am pleased with that." [Bukhari]
Famous Creeds of Fiqh
Various religious scholars, at different times, arranged Islamic Laws according to their individual perceptions. Ultimately, four Masalik (creeds of fiqh) became popular and survived and today most Muslims follow them all over the world.
- Fiqh of Imam Abu Haneefa
- Figh of Imam Malik
- Figh of Imam Shafa'ee
- Figh of Imam Ahmad Ibn Hambal
Nature of variations
These four systems had been formulated within two hundred years after Prophet (ﷺ). The differences which are found among them are very natural and minor ones.
Certain disparities are the result of lack of awareness of traditions. There was no disparity in the basis of interpretations among these Fuqaha. Many of them were each other's pupils or mentors. All of them were righteous, sagacious and well-intentioned. They were well-wishers of Muslims. But in practice, only one Fiqh should be followed.
Besides, there is a group of scholars who say that there is no need to follow a specific Fiqh. Knowledgeable people should acquire instructions directly from the Qur'an and tradition and those who are ignorant, they should follow the scholar in whom they have faith. This group is called followers of tradition or Ahl Hadeeth.
The Moderate Path
The disparities which are found in various Masālik are of very minor nature and small issues. There is no dispute on the fundamental affairs. All of them believe only in one Allah, all of them have faith in Prophet Muhammad (ﷺ), all of them accept the Qur'an as the Divine Book etc. Therefore, instead of dividing Ummah on the basis of Masalik, all the Fiqh should be treated as correct and there should be freedom to follow any one of them.
When Imam Shafa'ee offered Salatul Fajr by the grave of Imam Abu Haneefa he did not recite Dua Qunoot in his honour and respect and said, "At times I also act according to the Fiqh of Iraqi people." Similarly, Imam Abu Haneefa and his students and also Imam Shafa'ee would offer Salah in Madinah and would not utter Bismillah at the beginning neither softly not loudly. It is said about Imam Abu Yusuf that on a Friday he took bath and led the prayer. When people dispersed after offering Salah then he was informed that in the bathroom pool a dead rat was lying. On this, Imam said, "So, at this moment we shall follow the Fiqh of our brethren from Madina."
Our Fuqaha have never insisted that their Fiqh is the only correct one and should be compulsorily followed by all Muslims. For instance, it is narrated about Imam Malik that when Caliph Mansoor went for Haj, he met him and said, "I intend that to make copies of your various jurisprudence from your writings that is Mu'atta and send a copy to every city. And I intend to give an order that everyone shall act according to it." Imam Malik responded, "O Ameerul Mo'mineen! Do not do so, since various opinions have spread among the people from their ancestors and traditions of various kinds have reached to them. Now out of those different opinions and traditions, every group is acting upon that which he has received first. Hence let the people be free and let the Muslims of each habitation act upon the consent which they themselves have accepted for them in the light of Prophet's (ﷺ) traditions and sayings of his companions." [Suyooti]
Here this fundamental fact also has to be understood that the arguments which leaders and jurists have deduced through analogy and opinion or have formed any jurisprudence on the basis of interpretation, if any of it is found in the Qur'an or tradition then that will be more agreeable. As Imam Shafa'ee states, "Whatever opinion I have put forth or might have laid a principle, it has no value when compared to traditions of Prophet (ﷺ)." Similarly Imam Malik declares, "There is no person some of whose statements are not acceptable or refutable except Prophet Muhammad (ﷺ)."
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Allah and his messenger knows best