Introduction
Praise be to Allah, and blessings and peace be upon the Messenger of Allah, but after:
The scholars have made “the introduction divided into two parts: the introduction to science and the introduction to a book.
The introduction to science does not depend on insight, because it includes the limit, the object, the goal, and the benefit.
And the introduction to the book: What necessitates initiating it is an increase in insight…
Therefore, we will talk about the science of Fiqh within the limits of these ten principles in the following pages:
1- The limit of Fiqh:
Fiqh language: Fiqh: understanding the thing, and every knowledge of something is Fiqh, and derivation from the crack and conquest, it is said: the Fiqh of the man by breaking – Fiqh Fiqh if he understands and knows, and Fiqh annexation Fiqh him: if he became a scholar jurist. It is said of him: Fiqh – by breaking – Fiqh by opening the qaf, and they said: Fiqh also by its silence. It is said: Fiqh – by annexation – if Fiqh becomes his character, Fiqh – by conquest – if he has already changed to understanding, and Fiqh – by breaking – if he understands.
Fiqh: Knowledge in religion, it is said: Otti so-and-so Fiqh in religion, i.e.: they understand it. It is said: The Fiqh of a man understands him, he is a jurist, and I understood him, i.e.: I showed him the learning of Fiqh. According to so-and-so: I mean what I have shown him, he understands Fiqh: if he understands it, and it is said: a man of Fiqh by joining the qaf and breaking it, and a woman of Fiqh by annexation.
Fiqh idiomatically: Knowledge of practical legal rulings gained from their detailed evidence.
Identification Precautions:
1- Saying: “Science”:
Science is a gender, and what is meant by industry, as you say: the science of grammar, that is: its industry, and then it includes conjecture and certainty, because the perception of jurisprudential rulings may be certain, and it may be speculative, as in many matters of Fiqh.
2- Saying: “by rulings”:
He came out with – by rulings – knowledge of subjects, attributes, and actions.
3- Saying: “Sharia rulings”,
.: the rulings received from Sharia, such as obligatory and prohibition, so he came out with mental rulings, such as knowing that the whole is greater than the part, and ordinary rulings, such as knowing that the night comes down on the night if the weather is clear.
4- Saying: “Process”:
such as prayer and zakat, so he came out with what is related to belief, such as the monotheism of God and the knowledge of his names and attributes, so this is not called Fiqh in terminology, and it also comes out with knowledge of theoretical legal rulings such as knowledge that consensus is an argument.
5- Saying: “Acquired”:
The knowledge of God Almighty comes out of it, and what He throws into the hearts of the prophets and angels of judgments without acquisition.
6- Saying:
“from its detailed evidence”, i.e.: the knowledge obtained by the person described by it from its specific evidence, which is the four evidences, and this restriction takes out the tradition, because the imitator, although the saying of the mujtahid is evidence for him, but it is not one of those specific evidence.
What is meant by it is: the evidence of Fiqh coupled with detailed issues of Fiqh, so it came out with the principles of Fiqh, because the research in it is only in the evidence of Fiqh total.
2. Subject Of Fiqh:
The subject of Fiqh: the acts of those charged in terms of obligation, scarring, sanctity, hatred, permissibility, and others, such as health and corruption.
3- The benefit of learning Fiqh:
Sharia Fiqh has many fruits, benefits and objectives, including:
1- Correcting acts of worship and transactions, obtaining legal practice, and guarding against error in committing slavery.
2- Winning the greatest happiness in this world and the hereafter.
3- Obtaining the faculty of power over legitimate deeds
4- Avoiding stubbornness from people by solving their jurisprudential issues, and introducing them to the legitimate face so that they do not fall into sin and infringe on the right of God or the right of creation.
5- Adapting the developments of life related to worship or transactions with legal adaptation, and knowing the jurisprudential ruling on them.
4- The virtue of the science of Fiqh
Fiqh has great merit over other sciences, and what shows its virtue: that God Almighty called for Fiqh in religion and said: ﴿ If we do not flee from each sect of them sect to agree in religion and to warn their people if they return to them, perhaps they will warn ﴾ [Al-Tawbah: 122], and there is no doubt that the science of Fiqh in the terminological sense within that initial entry;
The Messenger of Allah (peace and blessings of Allah be upon him) said: ((Whoever Allah repays with good will understand him in religion))
Although the hadith is intended to generalize understanding in religion on the correct saying, but the science of branches is one of the most important things that help to that end.
Judge Ayyad said in explaining this hadith: “It contains the virtue of knowledge and Fiqh in religion, because it leads to the fear and piety of God Almighty, the Almighty said: ﴿ But God fears His servants scholars ﴾ [Fatir: 28], and this leads to good in the hereafter and great reward”
Al-Mazhari said: “His saying: ((Understand him in religion)), that is: makes him aware of the provisions of religion, and makes him understand so that he understands from a few words many meanings, and the best of the world and the hereafter in knowledge of the provisions of religion”
Ibn al-Mulqin said: “What is meant (by religion): Islam, and some of them interpreted Fiqh in religion with Fiqh in the five rules and related to the branches“
Al-Saadi said: “Fiqh in religion includes Fiqh on the principles of faith, the laws and rulings of Islam, and the facts of charity… This included the science of Fiqh, its origins and branches, the provisions of worship and transactions, felonies and others.”
The scholars have talked about the virtue of the science of Fiqh a lot recently, such as:
1 – Shafi’i said:
“Whoever memorizes the Quran is great sanctity, and who asks for Fiqh nobility of his destiny, and from the awareness of the hadith strengthened his argument, and who looked at the grammar parchment printed, and did not protect himself did not protect science”
2 – Abu Zara’ah al-Razi said:
“You have to do Fiqh, for it is like mountain apples fed from its Sunnah“
3- Al-Bukhari said to Judge Al-Waleed Al-Hamdani
when he went to seek knowledge of hadith, and he mentioned to him the demands and fruits of that and then said to him: “… Otherwise, you can bear all these hardships, so you have the Fiqh that you can learn while you are in your house as a static continent that does not need after travels, treading on homes, and riding the seas, which is with the fruit of the hadith, and not the reward of the jurist without the reward of the modernizer in the hereafter, nor his glory less than the glory of the modernizer.
He said: When I heard that, my intention was broken in asking for hadith, and I came to study Fiqh and learn it until I became in agreement.
4-Ibn Hubayrah said:
“The science of Fiqh is the best science of religion, and the highest status of the people of knowledge and certainty, because it says about the Master of the Messengers: ((Whoever God returns with good will understand him in religion)).
5- Al-Ghazali said:
“The most honorable sciences are those in which reason and hearing are combined, and opinion and Sharia are accompanied by opinion, and the science of Fiqh and its principles are such;
For the sake of the honor of the science of Fiqh and its reason, God provided the reasons for creation at his request, and the scholars were the highest scientists, and the most important of them, and the most followers and helpers, so he sued me in the vigor of my youth for the competence of this science with the benefits of religion and the world, and the reward of the hereafter and the first, to spend it from the period of life chest, and to single it out from the breath of life as much as …”
6 – Ibn Mufleh said:
“In the sermon of the doctrine of Ibn al-Jawzi: The goods of Fiqh profit from the goods. And in his book of science: Fiqh Mayor of Science. If the time expands to increase science, let it be from Fiqh, it is the most beneficial, and in it the importance of every science is the most important.
And from the students of science who rise his mettle to the art of science is limited to it, and this is a shortage, but the owners of the end in the height of vigor they are not satisfied only with the goal, they take from each art of science its task, and then make most of their work in Fiqh, because it is the master of science, and then promoted by high determination to deal with the truth and know it, and forget it. Al-Shafi’i said to Younis bin Abdul Alaa: you have Fiqh, it is like the Levantine apple carries from his year, and Shafi’i dictated to Musab Al-Zubairi poems and facts, and etiquette preserved, he said to him: Where are you with this mind about Fiqh? He said, “I wanted it.” Ahmad said of al-Shafi’i: His mettle was Fiqh. Abu Hanifa said: Nothing is more useful than Fiqh, and Muhammad ibn al-Hasan said: Abu Hanifa was urging us to Fiqh, and forbids us to speak, and in the sermon of the ocean of the tap: the best science for the public after knowing the origin of religion and the science of certainty: knowledge of Fiqh”
7- Al-Kasani said:
“There is no knowledge after knowledge of God and His attributes is more honorable than the science of Fiqh, which is called the science of halal and haram, and the science of laws and rulings, for him sent messengers, and revealed books; 269], and it was said in some aspects of interpretation: It is the science of Fiqh”
8 – Ibn Najim said:
“The most honorable and highest sciences, and the most successful and fulfilled the science of Fiqh and fatwa, and the goodness of the world and Aqba, it is rolled up to collect his tail, and shield his day and night, won the happy future, and sovereignty urgent. The hadiths in its superiority over other sciences are many, and the evidence for them is famous, especially as it is what is meant by wisdom in the Qur’an over the words of the investigators of the Furqan“
9 – He also said:
“Fiqh is the most honorable science, the greatest reward, the most complete return, the most useful, the highest ranked, the most veiled, fills the eyes with light, hearts with pleasure, and chests with openness, and benefits things broadly and openly.
This is because what is in the private and public of settling on the Sunnah of the system and continuing the pace of meeting and healing, is only by knowing what is permissible from what is forbidden, and distinguishing between permissible and corrupt in the face of rulings, its seas are rich, its sports are fresh, its stars are prosperous, its assets are fixed, and its branches are sprouting, and its treasure is not spent with a lot of spending, and its glory does not wear out all the time.
Its people are the strength and strength of religion, and they have its alliance and regularity”
5- Ratio Of Fiqh:
The science of Fiqh is one of the legal sciences, and between it and other sciences there is a different ratio, because it is independent of it. It is attributed to Salah al-Zahir as the ratio of beliefs and mysticism to Salah al-Batin, as it is the branch of monotheism[30], monotheism is to reform beliefs, and it is to reform worship and transactions, thus completing religion.
6- Who is the author of Fiqh?:
The author of this science is meant: who directed it to people in the technical term, and proceeded to mention and demonstrate its issues, otherwise Fiqh in terms of initiation and legislation was put by God Almighty, as Ibn Qasim said: “The author is God Almighty”
Also, issues of Fiqh in general have existed since the advent of Islam through the Messenger of Allah (peace and blessings of Allaah be upon him), its rulings and rulings, and the minds of its companions and senior followers.
Then the scholars came and separated the sciences from each other, including Fiqh, so some scholars said in the author of this science that he is “the mujtahid imams” and these imams are many, including the four imams: Abu Hanifa, Malik, al-Shafi’i, and Ahmad.
The first to open the closure of this door: Imam Abu Hanifa, Ibn Umar al-Jawi said: “And the author of it in general is Imam Abu Hanifa al-Nu’man. In the sense that it is the first classifier in it, except for the chapter on bankruptcy, stone, precedence and throwing, the first work in which our Imam Shafi’i “
Al-Hasakfi said:
“They said: Fiqh was planted by Abdullah bin Mas’ud (may Allah be pleased with him), watered by Alqama, harvested by Ibrahim al-Nakha’i, trampled by Hammad, grinded by Abu Hanifa, kneaded by Abu Yusuf, and bread by Muhammad, so all other people eat of his bread.
Al-Dhahabi said:
“Al-Shafi’i said: People in Fiqh are dependent on Abu Hanifa. I said: “The imamate in Fiqh and its minutes are handed over to this imam, and this is beyond doubt.“
Ibn Najim said:
“Imam al-Shafi’i (may Allah have mercy on him) said: Whoever wants to delve into Fiqh, let him look at the books of Abu Hanifa, may Allah have mercy on him, as quoted by Ibn Wahban from Harmla, and he is like a friend may Allah be pleased with him, his reward and reward without Fiqh and his authorship and the branch of its rulings on its origins until the Day of Resurrection”.
7- The name of the science of Fiqh:
The name of this science: the science of Fiqh, and it is also called: the science of branches, the science of halal and haram, and the science of laws and rulings, and it is called and the science of Fiqh: the science of know-how.
The naming of this science Fiqh is the name of an incident, and the naming of the part in the name of the whole, as Fiqh is understanding in general, and then this understanding became called knowledge of religion without allocating this title to the knowledge of its sciences, and it is a hadith: ((Whoever God returns with good will understand him in religion)).
The king’s son said: ((He understands him in religion)), that is: makes him aware of the provisions of the Sharia, with insight into it, extracting many meanings from a few words”.
Al-Tahanawi said: “Imam al-Ghazali stated that people acted in the nameof Fiqh, so they singled him out for the knowledge of fatwas and to identify their evidence and causes. Therefore, it was said: The jurist is the ascetic in this world who desires the hereafter, who sees his guilt, who persists in worshipping his Lord, and who is pious enough for the symptoms of Muslims”.
Then this generic name was transferred after the previous stages to knowledge of the actions of the taxpayers, for the following reasons:
Al-Zarkashi said:
“Fiqh was transferred to the science of the branches with the predominance of use, as pointed out by the son of his master, where he said: He prevailed over the knowledge of religion, for his sovereignty and honor like a star on the chandelier, and the oud on the mandal”
Tibi said:
“The custom made it specific to the science of Sharia, and specifically to the science of branches. Rather, he singled out the science of Sharia for Fiqh, because it is a science derived from laws, evidence, measurement, and careful consideration other than language and grammar…”
Ibn Abdeen said:
“(Saying: except the jurists) meant by the scholars of the provisions of God Almighty in belief and action, because the naming of the science of branches Fiqh naming an incident, Sidi Abdul Ghani said: It is supported by what passed from the saying of Hassan Basri: but the jurist exposed to the world, who desires the hereafter “
8- Who derives the knowledge of Fiqh?:
Ibn Najim said: “As for its derivation, it is one of the four principles: the Qur’an, the Sunnah, the consensus, and the measurement. As for the law before us, it is subordinate to the book, and the sayings of the Companions are subordinate to the Sunnah, and the treatment of people is dependent on consensus, and the investigation and companionship of the situation are subordinate to the analogy.”
Ibn Yunus al-Siqili said: “The origin of this knowledge is to follow the Qur’an, the Sunnah, and the consensus of the nation, then to look and reason, and to measure that”
Al-Qanuji said: “It has a derivation from other Islamic and Arabic sciences“
Ibn Qasim said: “And derive: from the words of God Almighty, and the words of His Messenger peace be upon him”
The true jurist is the one who combines these sources, not just the one who stands on the appearance of the text, for the role of the jurist is that he is defined by the rulings of God, and that piety and good deeds can only be achieved if the taxpayer accomplishes what he accomplishes within the limits of the controls based on revelation. Taking from the texts of the Revelation the Qur’an and Sunnah can only be done by the synergy of transmission and reason.
The text is the treasury, and the mind is the key that opens its doors, reveals its repertoire, and brings out its door. Fiqh is not confined to the circle of narration and transmission, nor is it uncontrolled with the different tendencies of the people of reason, but it is the fruit of the solidarity of the two originals”
9- Ruling on learning Fiqh:
And the ruling of the street in his learning: the obligation in kind in what a person wears and what is necessary for him, and the efficient in otherwise
This means that there are issues that the taxpayer must be aware of, such as the obligations of worship, and there are other issues in which the competent obligation is sufficient in all Muslims.
The Messenger of Allah (peace and blessings of Allaah be upon him) said: ((Seeking knowledge is obligatory for every Muslim))
Imam al-Baghawi said: “As well as every worship that is obligatory in Sharia for everyone, he must know its knowledge, such as the knowledge of zakat if he has money, and the knowledge of Hajj if he is obliged”
“Al-Fadhil ibn ‘Iyadh was asked about the saying of the Prophet (peace and blessings of Allaah be upon him): ((Seeking knowledge is an obligation for every Muslim)), and he said: Every action that was obligatory for you, so asking for knowledge is an obligation, and unless it is obligatory to do it on you, then asking for knowledge is not obligatory”
10- Issues Of Fiqh:
Issues: The collection of a question, which is the issues that are proven in science. The issues of this knowledge are what is mentioned in each of its chapters, which are the practical legal rulings, such as our saying: prayer is obligatory, intention is obligatory, ablution is a condition for the validity of prayer, and the entry of time is a reason for it.
Ibn ‘Abidin said: “And his issues: each sentence has the subject of the act of the taxpayer, and carried one of the five rulings, towards: this act is obligatory”
In the judicial magazine: “Jurisprudential issues either relate to the matter of the hereafter, which is worship, or related to the matter of the world, which is divided into: intercourse, transactions, and penalties”
Al-Tahanawi said: “The companions of Shafi’i made four pillars of Fiqh: They said: The legal rulings either relate to the matter of the hereafter, which is worship, or to the order of the world, which is either related to the survival of the person, which is the transactions, or the survival of the type as the house, which is the marriages, or as the city, which is the penalties”
Conclusion
Fiqh is a noble and essential science that governs the practical aspects of Islamic life. It provides a framework for worship, transactions, and ethical behavior, ensuring adherence to divine guidance and promoting justice in society.
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