The Word Jurisprudence (fiqh) in the Qur’an and the TraditionsCategory: QuestionsThe Word Jurisprudence (fiqh) in the Qur’an and the Traditions
Slave of Imam of the Time (as) asked 2 years ago

\”Why should not a company from every group of them go forth to gain profound understanding (tafaqquh) in religion and to warn their people when they return to them, so that they may beware. \”
Holy Qur\’an (9:122)
The words fiqh and tafaqquh, both meaning \”profound understanding\”, have been often used in the Qur’an and in the Traditions.

  1. Is the profound understanding of islam = fiqh? or it is only part of it?
  2. Aqeeda, Ethics, Law = profound understanding
  3. why people only ask for fiqh answers are they complete in islamic sense meaning profound understanding or they are just guidance from law
  4. If they are just law opinion should we consider other aspects of islam before ?
  5. if the  answers is  allowed – permissible – people think it is the only thing they need to consider.some misuse it or are misguided by it.
  6. some may exploit the law because there intention is to take advantage of the partial solution not complete answer in terms of profound understanding aqeeda, ethics .
  7. do Intention play a role here
1 Answers
mehdi answered 2 years ago

أعوذ بالله من الشيطان الرجيم

بِسْمِ ٱللَّٰهِ ٱلرَّحْمَٰنِ ٱلرَّحِيمِ

As Salaamu Alaikum Wa Rahmatullahi Wa Barakatuh,

We hope this answer reaches you in good health and Islamic spirit.

Based on your specific question and information provided.

The Islamic Scholars have divided the Islamic teachings in three parts.

  1. Fundamental of Faith ( Belief / Aqeeda).
  2. Islamic Ethics / Morals.
  3. Islamic Law.

In the terminology of the Holy Qur’an and Sunnah, Fiqh is extensive, profound knowledge of the Islamic instructions and has no particular relevance or confined or restricted to any of the above division of knowledge.

The Jurisprudents (an expert in the theory or philosophy of Islamic law)  of Islam have termed this last division ( Islamic Laws ) , fiqh (jurisprudence). Possibly, since the early days of Islam the laws were the most subject to attention and queries. Therefore, those whose specialty was in this subject came to be known as the fuqaha (jurisprudents).
Similarly, a legally responsible person for decision / action. in Islamic Jurisprudence is called a Mukallaf.

Both Fiqh and Mukallaf are used in the narrowest / limited sense in Jurisprudence.

From the Islamic perspective, the wider meaning of Fiqh means having a profound understanding of Fundamentals of Faith ( Aqeeda), Islamic Ethics and Islamic Law. The Mukallaf is the one who is responsible for all three aspects of Islamic Instructions.

In the decision making process, the Mukallaf is to utilize all three aspects and any other variables which are special to his situation. Specially, when the legal opinion of the Jurists is Mubah ( Neutral / Optional ). As it translates in to the English language as allowed / permissible. In reality it is allowed / permissible to act and it is allowed / permissible to refrain ( Neutral / Optional / at your discretion ). Whenever the legal opinion is neutral you would look for direction from other two divisions mentioned above.

All actions of the Mukallaf are based on the purity of intentions.

اَللّٰهُ أَعْلَم‎
(and Allah(awj) Knows best)
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