WHAT IS FIQH?

Fiqh (Jurisprudence):

     The literal meaning of this is a sharp and deep understanding that will grasp the purposes of words and actions. The words derived from this root in the following verses and hadiths are used in such a sense: “And We have certainly created for hell many men and jinn. They have hearts but they do not understand; they have eyes but they do not see; they have ears but they do not hear; they are like the animals, even more astray; they are the heedless.” (A’raf: 179) “What is the matter with them that they do not understand a word?” (Nisa: 78) “Whoever Allah intends good for, He makes him a faqih in religion.” (Bukhari; Knowledge, 10-13)

        This is the literal meaning of fiqh.  Its inductive meaning does not go beyond this meaning; however, it has a special feature and can be defined as follows: Fiqh is to know the religious and practical rules based on their detailed (separate) evidence. Accordingly, the subject of the science of Fiqh consists of two parts:

    1) Knowing the religious and practical rules. Therefore, the religious rules such as knowing the unity of Allah, the sending of the Prophets and the necessity of conveying what they received from Allah, the Day of Judgment and things related to it are not included in the inclusive meaning of Fiqh.

     2) To know the detailed evidence of each ruling. For example; “Selem” (A purchase and sale contract made by paying money in advance and goods on credit is called “Selem contract”.  (Trans.) If a sale is mentioned with a Salam contract, in order to be able to say that the money must be delivered at the time of the contract, it is necessary to provide evidence from the Book, the Sunnah and the fatwas of the Companions. When it is said that interest, whether a little or a lot, is haram, it is necessary to mention evidence from the Book. If it is said that everything in excess of the principal is interest, it is necessary to read the verse, “If you repent, your principal is yours, so you will not have wronged, nor will you be wronged.” (Baqarah: 279) as evidence. The person who explains that it is haram to consume people’s property unjustly should add the verse, “Do not consume your property unjustly among yourselves…” (Nisa: 29) to his words. Therefore, the subject of the science of fiqh is the rulings regarding people’s affairs in terms of being halal, haram, makruh and obligatory, and the evidence they are based on. (Prof. Dr. Muhammed Ebu Zehra, Usulü Fiqh, pp:19-24. Ankara-1990 Translation: Prof. Dr. A. Şener)    Nizamuddin Demir