DEFINITION AND SUBJECT OF FIQH

First, let's focus on the word "Fiqh." This word, derived from the Arabic root "FKH," means knowing, understanding, perceiving something thoroughly consciously, and grasping the true nature of something obscure. (1) In Durr al-Muhtar, it is recorded that "Fiqh" means to know something in the dictionary. Later, it was allocated to the science of Sharia. If the past form of the word is read as "Fiqh," its infinitive "Fiqh" comes and expresses the meaning of "known" (2). It should not be forgotten that the word "Fiqh" expresses "knowing and understanding".   “Fehm”   The meaning of the word is different. In fiqh, there is a very subtle and sharp perception. Indeed, in the Holy Quran: “Wherever you are, even if you are in fortified castles, death will overtake you. If good touches them, they say, “This is from Allah.” But if evil touches them, they say, “This is from you.” Say, “All is from Allah.” So, what is the matter with them, with that people, that they refuse to understand (to learn) any word (spoken to them)?” (3) has been declared. The people addressed by the “La Yefkahune” ruling here are those whose mother tongue is Arabic and who speak Arabic. In this case, it is inevitable for them to understand the literal meanings of the Holy Quran and to listen to the Messenger of Allah (SAW). So, what is it that they do not understand? At this point, the expression “Yefkahune” appears before us as “subtle understanding and sharp comprehension.” In fact, in many verses of the Holy Quran, unbelievers and polytheists are described as “those who do not learn fiqh.” (4) In Islamic jurisprudence, it is defined as “knowing the rulings of Sharia in detail with their evidence.” (5) At this point, we are faced with the question, “- Is merely knowing fiqh?” The question may arise, Islamic scholars have not specifically mentioned deeds, considering that knowledge is a "means" for good deeds. However, the people of Sufism are sensitive on this issue. In Durri'l Muhtar   "Canon law"   While it is being described as follows: "- According to the people of truth, it is to bring knowledge and action together. Because Hasan al-Basri said, "A jurist is only the one who turns away from this world and turns towards the hereafter and sees his own faults" (6) It is certain that a person who is not sensitive about asceticism and piety, regardless of his knowledge,  "Scribe"  It is impossible. The entirety of the commands and prohibitions that Allah Almighty (swt) has declared for the test is called "Taklif." The subject of fiqh is the action of man, taking into account his responsibility. It is the duty of the "Faqeh" to establish all rights, both for and against man, based on definitive evidence. This needs to be explained within a specific methodology. Imam al-Shafi'i (may Allah have mercy on him) points out an important point by saying, "Speaking without relying on definitive news or without performing ijtihad is very close to sin. Allah Almighty (swt) has not given anyone other than the Messenger of Allah (peace be upon him) the right to speak about religion without relying on scientific evidence. Scientific evidence is the Book, the Sunnah, Ijma, Asar, and Qiyas al-Fuqaha, the essence of which I have endeavored to explain." (7)  

In matters of religion, stating a "Personal Opinion" without relying on any evidence is a great danger for the taxpayer. Imam-i Azam Abu Hanifa (may Allah have mercy on him) said: "- Avoid making a decision based on your personal opinion on a matter related to the religion of Allah (swt) and follow the Sunnah. Whoever departs from the Sunnah falls into error and goes astray." (8) A man from Tabiun came to Hazrat Sha'bi (may Allah have mercy on him) and asked him about a matter. Sha'bi (may Allah have mercy on him) said regarding the matter asked, Hazrat Abdullah ibn Mas'ud (may Allah be pleased with him) explained it this way." When the person asking the question said, "Tell me your personal opinion!", Hazrat Sha'bi (may Allah be pleased with him) exclaimed, "Look at this man! I tell him, 'Ibn Mas'ud (may Allah be pleased with him) said this. He is asking me about my personal opinion. I declare my religion pure and clear of that. By Allah, I prefer being involved in music to issuing fatwas based on my personal opinion." (9) Imam Malik (may Allah be pleased with him) was also asked about forty issues, and he said, "I don't know" about thirty-six of them. (10) He never said, "My personal opinion is this"! The disease of expressing personal opinions in religion is a common practice among "people of bid'ah".

     Question: 67: What does fiqh mean? What are its virtues?

     Answer: In the dictionary, fiqh means knowing something. Later, this definition was narrowed down to "knowing the science of sharia." As a term used by jurists, it means "memorizing the Furū'." According to the people of truth, it combines knowledge with practice. Its subject matter is the actions of the responsible. Its sources are the Book, the Sunnah, ijma, and qiyas. Its aim is to attain happiness in this world and the next. Its virtues are numerous: One of these, as mentioned in al-Hulasa, is to study the books of our school of thought scholars.even without hearing– is more virtuous than the night prayer. Furthermore, learning fiqh is more virtuous than learning the Quran beyond the obligatory portions. Learning all fiqh is essential. The following saying of Imam Muhammad is cited in Al-Multaqat and other works: “A person should learn the lawful and unlawful and the rulings that he absolutely must know.”

    NIn the verse, "Whoever is given wisdom, he is given great good," Allah Almighty also refers to this knowledge as "good." Some commentators have interpreted the "wisdom" in the verse as "ilm-i furu" (ilm-i furu), the science of jurisprudence. A hadith narrated by Daraqutni and Beyhaqi states: "Allah has not been worshipped with anything better than possessing jurisprudence in religion. One jurist is more difficult for Satan than a thousand worshippers. Everything has a pillar; the pillar of religion is Tafakkuh (profound understanding of jurisprudence in religion)." Yusuf Kerimoğlu

           RESOURCES

  (1) Muhammed Ma'ruf Ed Devalabi – Scientific Usul-i Fiqh – Beirut: 1935 Page: 12.-Ö.N.Bilmen – Islamic Law and Islamic Jurisprudence Kam-Ist: 1975 . C: 1 Page: 13 Article: 9.
  (2) İbn-i Abidin- Reddu'l Mukhtar Ale'd Durri'l Muhtar-İst: 1982 C: 1 Sh: 34.
  (3) Surah An-Nisa: 78-
  (4) See: Surah Al-A'raf: 179, Surah Hud: 91.
  (5) Prof. Muhammad Abu Zehra – Islamic Law Methodology – Ank: 1979 Page: 13, Also M. Ma'ruf Ed Devalabi – Age Page: 12.
  (6) İbn-i Abidin – Age C: l Sh: 34.
  (7) Imam Shafii – Er Risale – Cairo: 1979 (2nd Edition) Chapter: 508 Article: 1467-1468-
  (8) Imam-i Sha'rani – Mizanu'l Kubra – Cairo: 1306 C: l Sh: 51.
  (9) Sunan Darimi – Istanbul: 1401 Cagrı Publications. Introduction: 17 Page: 47.
(10) Ömer Nasûhi Bilmen – Agc Vol: l Sh: 245 Article: 557.
(11) Molla Khusraw – Mir'at El Usul fi Şerhi'l Mirkat el Vusul – Istanbul: 1307 Volume: 33
(12) Assoc. Prof. Dr. İsmail Cerrahoğlu – Tafsir Usul – Ank: 1971 Page: 34.
(13) Encyclopedia of Islam – Ç: 6 Sh: 995 (Quran Article)
(14) Muhyiddin Abu Abdullah Muhammad b. Suleyman Al Kafiyeci – Kitabû't Taysir fi Kavaidi Ilmi't Tefsir – Ank: 1974 Page: 58-57.
(15) Surah Ash-Shura: 52.
(16) Imam Abdulaziz Al Bukhari – Keşfû'l Esrar-Ist: 1308 C: 2 Page: 361.
(17) Imam-i Shafii-Er Risale-Cairo: 1979 (2 ed.) Page: 20 Item: 48-50.
(18) Imam Abdulaziz Al Bukhari – Age Vol: l Sh: 19. A. AZIZ

DEFINITION, SUBJECT AND NATURE OF FIQH
    

First, let's focus on the word "Fiqh." This word, derived from the Arabic root "FKH," means knowing, understanding, perceiving something thoroughly consciously, and grasping the true nature of something obscure. (1) In Durr al-Muhtar, it is recorded that "Fiqh" means to know something in the dictionary. Later, it was allocated to the science of Sharia. If the past form of the word is read as "Fiqh," its infinitive "Fiqh" comes and expresses the meaning of "known" (2). It should not be forgotten that the word "Fiqh" expresses "knowing and understanding".   “Fehm”   The meaning of the word is different. In fiqh, there is a very subtle and sharp perception. Indeed, in the Holy Quran: “Wherever you are, even if you are in fortified castles, death will overtake you. If good touches them, they say, “This is from Allah.” But if evil touches them, they say, “This is from you.” Say, “All is from Allah.” So, what is the matter with them, with that people, that they refuse to understand (to learn) any word (spoken to them)?” (3) has been declared. The people addressed by the “La Yefkahune” ruling here are those whose mother tongue is Arabic and who speak Arabic. In this case, it is inevitable for them to understand the literal meanings of the Holy Quran and to listen to the Messenger of Allah (SAW). So, what is it that they do not understand? At this point, the expression “Yefkahune” appears before us as “subtle understanding and sharp comprehension.” In fact, in many verses of the Holy Quran, unbelievers and polytheists are described as “those who do not learn fiqh.” (4) In Islamic jurisprudence, it is defined as “knowing the rulings of Sharia in detail with their evidence.” (5) At this point, we are faced with the question, “- Is merely knowing fiqh?” The question may arise, Islamic scholars have not specifically mentioned deeds, considering that knowledge is a "means" for good deeds. However, the people of Sufism are sensitive on this issue. In Durri'l Muhtar   "Canon law"   While it is being described as follows: "- According to the people of truth, it is to bring knowledge and action together. Because Hasan al-Basri said, "A jurist is only the one who turns away from this world and turns towards the hereafter and sees his own faults" (6) It is certain that a person who is not sensitive about asceticism and piety, regardless of his knowledge,  "Scribe"  It is impossible. The entirety of the commands and prohibitions that Allah Almighty (swt) has declared for the test is called "Taklif." The subject of fiqh is the action of man, taking into account his responsibility. It is the duty of the "Faqeh" to establish all rights, both for and against man, based on definitive evidence. This needs to be explained within a specific methodology. Imam al-Shafi'i (may Allah have mercy on him) points out an important point by saying, "Speaking without relying on definitive news or without performing ijtihad is very close to sin. Allah Almighty (swt) has not given anyone other than the Messenger of Allah (peace be upon him) the right to speak about religion without relying on scientific evidence. Scientific evidence is the Book, the Sunnah, Ijma, Asar, and Qiyas al-Fuqaha, the essence of which I have endeavored to explain." (7)  

In matters of religion, stating a "Personal Opinion" without relying on any evidence is a great danger for the taxpayer. Imam-i Azam Abu Hanifa (may Allah have mercy on him) said: "- Avoid making a decision based on your personal opinion on a matter related to the religion of Allah (swt) and follow the Sunnah. Whoever departs from the Sunnah falls into error and goes astray." (8) A man from Tabiun came to Hazrat Sha'bi (may Allah have mercy on him) and asked him about a matter. Sha'bi (may Allah have mercy on him) said regarding the matter asked, Hazrat Abdullah ibn Mas'ud (may Allah be pleased with him) explained it this way." When the person asking the question said, "Tell me your personal opinion!", Hazrat Sha'bi (may Allah be pleased with him) exclaimed, "Look at this man! I tell him, 'Ibn Mas'ud (may Allah be pleased with him) said this. He is asking me about my personal opinion. I declare my religion pure and clear of that. By Allah, I prefer being involved in music to issuing fatwas based on my personal opinion." (9) Imam Malik (may Allah be pleased with him) was also asked about forty issues, and he said, "I don't know" about thirty-six of them. (10) He never said, "My personal opinion is this"! The disease of expressing personal opinions in religion is a common practice among "people of bid'ah".

     Question: 67: What does fiqh mean? What are its virtues?

     Answer: In the dictionary, fiqh means knowing something. Later, this definition was narrowed down to "knowing the science of sharia." As a term used by jurists, it means "memorizing the Furū'." According to the people of truth, it combines knowledge with practice. Its subject matter is the actions of the responsible. Its sources are the Book, the Sunnah, ijma, and qiyas. Its aim is to attain happiness in this world and the next. Its virtues are numerous: One of these, as mentioned in al-Hulasa, is to study the books of our school of thought scholars.even without hearing– is more virtuous than the night prayer. Furthermore, learning fiqh is more virtuous than learning the Quran beyond the obligatory portions. Learning all fiqh is essential. The following saying of Imam Muhammad is cited in Al-Multaqat and other works: “A person should learn the lawful and unlawful and the rulings that he absolutely must know.”

    NIn the verse, "Whoever is given wisdom, he is given great good," Allah Almighty also refers to this knowledge as "good." Some commentators have interpreted the "wisdom" in the verse as "ilm-i furu" (ilm-i furu), the science of jurisprudence. A hadith narrated by Daraqutni and Beyhaqi states: "Allah has not been worshipped with anything better than possessing jurisprudence in religion. One jurist is more difficult for Satan than a thousand worshippers. Everything has a pillar; the pillar of religion is Tafakkuh (profound understanding of jurisprudence in religion)." Yusuf Kerimoğlu

           RESOURCES

  (1) Muhammed Ma'ruf Ed Devalabi – Scientific Usul-i Fiqh – Beirut: 1935 Page: 12.-Ö.N.Bilmen – Islamic Law and Islamic Jurisprudence Kam-Ist: 1975 . C: 1 Page: 13 Article: 9.
  (2) İbn-i Abidin- Reddu'l Mukhtar Ale'd Durri'l Muhtar-İst: 1982 C: 1 Sh: 34.
  (3) Surah An-Nisa: 78-
  (4) See: Surah Al-A'raf: 179, Surah Hud: 91.
  (5) Prof. Muhammad Abu Zehra – Islamic Law Methodology – Ank: 1979 Page: 13, Also M. Ma'ruf Ed Devalabi – Age Page: 12.
  (6) İbn-i Abidin – Age C: l Sh: 34.
  (7) Imam Shafii – Er Risale – Cairo: 1979 (2nd Edition) Chapter: 508 Article: 1467-1468-
  (8) Imam-i Sha'rani – Mizanu'l Kubra – Cairo: 1306 C: l Sh: 51.
  (9) Sunan Darimi – Istanbul: 1401 Cagrı Publications. Introduction: 17 Page: 47.
(10) Ömer Nasûhi Bilmen – Agc Vol: l Sh: 245 Article: 557.
(11) Molla Khusraw – Mir'at El Usul fi Şerhi'l Mirkat el Vusul – Istanbul: 1307 Volume: 33
(12) Assoc. Prof. Dr. İsmail Cerrahoğlu – Tafsir Usul – Ank: 1971 Page: 34.
(13) Encyclopedia of Islam – Ç: 6 Sh: 995 (Quran Article)
(14) Muhyiddin Abu Abdullah Muhammad b. Suleyman Al Kafiyeci – Kitabû't Taysir fi Kavaidi Ilmi't Tefsir – Ank: 1974 Page: 58-57.
(15) Surah Ash-Shura: 52.
(16) Imam Abdulaziz Al Bukhari – Keşfû'l Esrar-Ist: 1308 C: 2 Page: 361.
(17) Imam-i Shafii-Er Risale-Cairo: 1979 (2 ed.) Page: 20 Item: 48-50.
(18) Imam Abdulaziz Al Bukhari – Age Vol: l Sh: 19. A. AZIZ
    

First, let's focus on the word "Fiqh." This word, derived from the Arabic root "FKH," means knowing, understanding, perceiving something thoroughly consciously, and grasping the true nature of something obscure. (1) In Durr al-Muhtar, it is recorded that "Fiqh" means to know something in the dictionary. Later, it was allocated to the science of Sharia. If the past form of the word is read as "Fiqh," its infinitive "Fiqh" comes and expresses the meaning of "known" (2). It should not be forgotten that the word "Fiqh" expresses "knowing and understanding".   “Fehm”   The meaning of the word is different. In fiqh, there is a very subtle and sharp perception. Indeed, in the Holy Quran: “Wherever you are, even if you are in fortified castles, death will overtake you. If good touches them, they say, “This is from Allah.” But if evil touches them, they say, “This is from you.” Say, “All is from Allah.” So, what is the matter with them, with that people, that they refuse to understand (to learn) any word (spoken to them)?” (3) has been declared. The people addressed by the “La Yefkahune” ruling here are those whose mother tongue is Arabic and who speak Arabic. In this case, it is inevitable for them to understand the literal meanings of the Holy Quran and to listen to the Messenger of Allah (SAW). So, what is it that they do not understand? At this point, the expression “Yefkahune” appears before us as “subtle understanding and sharp comprehension.” In fact, in many verses of the Holy Quran, unbelievers and polytheists are described as “those who do not learn fiqh.” (4) In Islamic jurisprudence, it is defined as “knowing the rulings of Sharia in detail with their evidence.” (5) At this point, we are faced with the question, “- Is merely knowing fiqh?” The question may arise, Islamic scholars have not specifically mentioned deeds, considering that knowledge is a "means" for good deeds. However, the people of Sufism are sensitive on this issue. In Durri'l Muhtar   "Canon law"   While it is being described as follows: "- According to the people of truth, it is to bring knowledge and action together. Because Hasan al-Basri said, "A jurist is only the one who turns away from this world and turns towards the hereafter and sees his own faults" (6) It is certain that a person who is not sensitive about asceticism and piety, regardless of his knowledge,  "Scribe"  It is impossible. The entirety of the commands and prohibitions that Allah Almighty (swt) has declared for the test is called "Taklif." The subject of fiqh is the action of man, taking into account his responsibility. It is the duty of the "Faqeh" to establish all rights, both for and against man, based on definitive evidence. This needs to be explained within a specific methodology. Imam al-Shafi'i (may Allah have mercy on him) points out an important point by saying, "Speaking without relying on definitive news or without performing ijtihad is very close to sin. Allah Almighty (swt) has not given anyone other than the Messenger of Allah (peace be upon him) the right to speak about religion without relying on scientific evidence. Scientific evidence is the Book, the Sunnah, Ijma, Asar, and Qiyas al-Fuqaha, the essence of which I have endeavored to explain." (7)  

In matters of religion, stating a "Personal Opinion" without relying on any evidence is a great danger for the taxpayer. Imam-i Azam Abu Hanifa (may Allah have mercy on him) said: "- Avoid making a decision based on your personal opinion on a matter related to the religion of Allah (swt) and follow the Sunnah. Whoever departs from the Sunnah falls into error and goes astray." (8) A man from Tabiun came to Hazrat Sha'bi (may Allah have mercy on him) and asked him about a matter. Sha'bi (may Allah have mercy on him) said regarding the matter asked, Hazrat Abdullah ibn Mas'ud (may Allah be pleased with him) explained it this way." When the person asking the question said, "Tell me your personal opinion!", Hazrat Sha'bi (may Allah be pleased with him) exclaimed, "Look at this man! I tell him, 'Ibn Mas'ud (may Allah be pleased with him) said this. He is asking me about my personal opinion. I declare my religion pure and clear of that. By Allah, I prefer being involved in music to issuing fatwas based on my personal opinion." (9) Imam Malik (may Allah be pleased with him) was also asked about forty issues, and he said, "I don't know" about thirty-six of them. (10) He never said, "My personal opinion is this"! The disease of expressing personal opinions in religion is a common practice among "people of bid'ah".

     Question: 67: What does fiqh mean? What are its virtues?

     Answer: In the dictionary, fiqh means knowing something. Later, this definition was narrowed down to "knowing the science of sharia." As a term used by jurists, it means "memorizing the Furū'." According to the people of truth, it combines knowledge with practice. Its subject matter is the actions of the responsible. Its sources are the Book, the Sunnah, ijma, and qiyas. Its aim is to attain happiness in this world and the next. Its virtues are numerous: One of these, as mentioned in al-Hulasa, is to study the books of our school of thought scholars.even without hearing– is more virtuous than the night prayer. Furthermore, learning fiqh is more virtuous than learning the Quran beyond the obligatory portions. Learning all fiqh is essential. The following saying of Imam Muhammad is cited in Al-Multaqat and other works: “A person should learn the lawful and unlawful and the rulings that he absolutely must know.”

    NIn the verse, "Whoever is given wisdom, he is given great good," Allah Almighty also refers to this knowledge as "good." Some commentators have interpreted the "wisdom" in the verse as "ilm-i furu" (ilm-i furu), the science of jurisprudence. A hadith narrated by Daraqutni and Beyhaqi states: "Allah has not been worshipped with anything better than possessing jurisprudence in religion. One jurist is more difficult for Satan than a thousand worshippers. Everything has a pillar; the pillar of religion is Tafakkuh (profound understanding of jurisprudence in religion)." Yusuf Kerimoğlu

           RESOURCES

  (1) Muhammed Ma'ruf Ed Devalabi – Scientific Usul-i Fiqh – Beirut: 1935 Page: 12.-Ö.N.Bilmen – Islamic Law and Islamic Jurisprudence Kam-Ist: 1975 . C: 1 Page: 13 Article: 9.
  (2) İbn-i Abidin- Reddu'l Mukhtar Ale'd Durri'l Muhtar-İst: 1982 C: 1 Sh: 34.
  (3) Surah An-Nisa: 78-
  (4) See: Surah Al-A'raf: 179, Surah Hud: 91.
  (5) Prof. Muhammad Abu Zehra – Islamic Law Methodology – Ank: 1979 Page: 13, Also M. Ma'ruf Ed Devalabi – Age Page: 12.
  (6) İbn-i Abidin – Age C: l Sh: 34.
  (7) Imam Shafii – Er Risale – Cairo: 1979 (2nd Edition) Chapter: 508 Article: 1467-1468-
  (8) Imam-i Sha'rani – Mizanu'l Kubra – Cairo: 1306 C: l Sh: 51.
  (9) Sunan Darimi – Istanbul: 1401 Cagrı Publications. Introduction: 17 Page: 47.
(10) Ömer Nasûhi Bilmen – Agc Vol: l Sh: 245 Article: 557.
(11) Molla Khusraw – Mir'at El Usûl fi Şerhi'l Mirkat el Vusul – Istanbul: 1307 Volume: 33
(12) Assoc. Prof. Dr. İsmail Cerrahoğlu – Tafsir Usul – Ank: 1971 Page: 34.
(13) Encyclopedia of Islam – Ç: 6 Sh: 995 (Quran Article)
(14) Muhyiddin Abu Abdullah Muhammad b. Suleyman Al Kafiyeci – Kitabû't Taysir fi Kavaidi Ilmi't Tefsir – Ank: 1974 Page: 58-57.
(15) Surah Ash-Shura: 52.
(16) Imam Abdulaziz Al Bukhari – Keşfû'l Esrar-Ist: 1308 C: 2 Page: 361.
(17) Imam-i Shafii-Er Risale-Cairo: 1979 (2 ed.) Page: 20 Item: 48-50.
(18) Imam Abdulaziz Al Bukhari – Age Vol: l Sh: 19. Nizameddin DEMİR