Islamic Jurisprudence
An Introduction
Definition
Fiqh literally means to comprehend.

Fiqh - The science of extraction of practical religious regulations from their detailed sources.
Allah Almighty says in 9:122
Nor should the Believers all go forth together: if a contingent from every expedition remained behind, they could devote themselves to acquiring fiqh in religion, and admonish the people when they return to them, that thus they (may learn) to guard themselves (against evil).
Shari`ah - Those doctrinal, practical and dispositional regulations which Allah has legislated through one of His Messengers.
Definition of Faqih
Literally, an expert in the science of Fiqh

Plural form: Fuqaha
"The faqih is the one who is frugal in this world, desirous of the Hereafter, a person who has insight into his religion, who is constant in the worship of his Lord, who keeps himself well away from [violating] the characters of and property of Muslims, and who is an advisor to them."[Hasan al-Basri]
Sources of Fiqh
Primary Sources: Qur'an Sunnah
                      

Secondary Sources             Consensus (Ijma`)             Analogy (Qiyas)
Differences between the Islamic Shari`ah and Man-Made Law
Divine origin vs. Human origin.

the Hereafter vs. This world only.
Development of personal accountability to Allah vs. Mere loyalty to the law
Absolute criteria providing for the benefit of creatures vs. Popular opinion which may or may not be beneficial.
Categories of Actions – DO’S
Fard:
            Fard `Ayn             Fard Kifayah
Wajib
Sunnah Muakkadah / Sunan Al-Huda
Mustahab / Sunnah Ghair Muakkadah/ Adab / Sunan Az zawaid / Sunan Adiyyah
Mubah


Categories of Actions DONT’S
Haram (totally forbidden)

Makruh Tahrimi (highly reprehensible)
Makruh Tanzihi / Khilaf Al-Awla (slightly reprehensible)
Branches of Fiqh
Aqaaid – Beliefs, doctrine

Ibadaat – Worship rituals
Mu’aamalaat – Mutual dealings
Mu’aasharaat – Mutual conduct
Akhlaaq – Inner character


Ibadat

Taharah – Purification
Salah – 5 times daily Prayer
Zakah – Annual Alms-giving
Sawm – Fasting in Ramadhan
Hajj - Pilgrimage

Mu’amalaat

1.Trade
2.Commissioning
3.Gifts
4.Endowments
5.Lost & Found
6.Deposits
7.Agriculture
8.Interest
9.Manufacturing
10.Leasing & Hiring
11.Collaterals
12.Partnerships

Mu’asharaat

Marriage
Divorce
Custody
Support
Inheritance
Penal Code

Murder
Theft
Adultery
Slander
Highway Robbery
Drinking
Oaths & Expiations
Judgment
Testimony
Coercion
Evolution of Fiqh
Fiqh at the time of the Prophet (may Allah bless him and grant him peace).

Fiqh in the time of the Sahabah.
Fiqh in the time of the Tabi’een
Imam Abu Hanifah an-Nu`man ibn Thabit al-Kufi, (80-150 A.H.).
Imam Abu `Abdillah Malik ibn Anas al-Yahsubi, (93-179 A.H.)
Imam Abu `Abdillah Muhammad ibn Idris al-Shafi`i, (150-204 A.H.)
Imam Abu `Abdillah Ahmad ibn Muhammad ibn Hanbal al-Shaybani, (164-241 A.H.) Agree on ~ 75% of material.