Fiqh in the context of "Islamic ethics"

⭐ In the context of Islamic ethics, *fiqh* is considered…

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⭐ Core Definition: Fiqh

Fiqh ([fiːk]; Arabic: فقه [fiqh]) is the term for Islamic jurisprudence. Fiqh is often described as the style of human understanding, research and practices of the sharia; that is, human understanding of the divine Islamic law as revealed in the Quran and the sunnah (the teachings and practices of the Islamic prophet Muhammad and his companions). Fiqh expands and develops Shariah through interpretation (ijtihad) of the Quran and Sunnah by Islamic jurists (ulama) and is implemented by the rulings (fatwa) of jurists on questions presented to them. Thus, whereas sharia is considered immutable and infallible by Muslims, fiqh is considered fallible and changeable. Fiqh deals with the observance of rituals, morals and social legislation in Islam as well as economic and political system. In the modern era, there are four prominent schools (madh'hab) of fiqh within Sunni practice, plus two (or three) within Shi'a practice. A person trained in fiqh is known as a faqīh (pl.: fuqaha).

Figuratively, fiqh means knowledge about Islamic legal rulings from their sources. Deriving religious rulings from their sources requires the mujtahid (an individual who exercises ijtihad) to have a deep understanding in the different discussions of jurisprudence.

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In this Dossier

Fiqh in the context of Early Islamic philosophy

Early Islamic philosophy or classical Islamic philosophy is a period of intense philosophical development beginning in the 2nd century AH of the Islamic calendar (early 9th century CE) and lasting until the 6th century AH (late 12th century CE). The period is known as the Islamic Golden Age, and the achievements of this period had a crucial influence in the development of modern philosophy and science. For Renaissance Europe, "Muslim maritime, agricultural, and technological innovations, as well as much East Asian technology via the Muslim world, made their way to western Europe in one of the largest technology transfers in world history." This period starts with al-Kindi in the 9th century and ends with Averroes (Ibn Rushd) at the end of 12th century. The death of Averroes effectively marks the end of a particular discipline of Islamic philosophy usually called the Peripatetic Arabic School, and philosophical activity declined significantly in Western Islamic countries, namely in Islamic Spain and North Africa, though it persisted for much longer in the Eastern countries, in particular Persia and India where several schools of philosophy continued to flourish: Avicennism, Illuminationist philosophy, Mystical philosophy, and Transcendent theosophy.

Intellectual innovations, achievements, and advancements of this period included, within jurisprudence, the development of ijtihad, a method or methodological approach to legal reasoning, interpretation, and argument based on independent inquiry and analogical deduction; within science and the philosophy of science, the development of empirical research methods emphasizing controlled experimentation, observational evidence, and reproducibility, as well as early formulations of empiricist epistemologies; commentaries and developments in Aristotelian logic, as well as innovations in non-Aristotelian temporal modal logic and inductive logic; and developments in research practice and methodology, including, within medicine, the first documented peer review process and within jurisprudence and theology, a strict science of citation, the isnad or "backing".

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Fiqh in the context of Islam in Turkey

Islam is by far the most practiced religion in Turkey. Most Turkish people are Sunni Muslims, and most of them belong to the Hanafi school of jurisprudence. Smaller numbers belonging to the Alevi, Ja'fari and Alawite minorities. The established presence of Islam in the region that now constitutes modern Turkey dates back to the later half of the 11th century, when the Seljuks started expanding into eastern Anatolia.

While official records indicate the population of Turkey to be 99.8% Muslim, most surveys estimate the percentage to be around 85 to 95%. The Hanafi school of fiqh (maddhab) of Sunni Islam makes up about 90% of the Muslim population, with the remaining Muslim sects consisting of Alevis (close to 10%), Ja'faris (representing 1%) and Alawites (with an estimated population of around 500,000 to 1 million, or about 1%). With a sizeable part of population being Cultural Muslims, there is also a minority of Sufi and non-denominational Muslims.

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Fiqh in the context of Sunni Muslims

Sunni Islam is the largest branch of Islam and the largest religious denomination in the world. It holds that Muhammad did not appoint any successor and that his closest companion Abu Bakr (r. 632–634) rightfully succeeded him as the caliph of the Muslim community, being appointed at the meeting of Saqifa. This contrasts with the Shia view, which holds that Muhammad appointed Ali ibn Abi Talib (r. 656–661) as his successor. Nevertheless, Sunnis revere Ali, along with Abu Bakr, Umar (r. 634–644) and Uthman (r. 644–656) as 'rightly-guided caliphs'.

The term Sunni means those who observe the sunna, the practices of Muhammad. The Quran, together with hadith (especially the Six Books) and ijma (scholarly consensus), form the basis of all traditional jurisprudence within Sunni Islam. Sharia legal rulings are derived from these basic sources, in conjunction with consideration of public welfare and juristic discretion, using the principles of jurisprudence developed by the four legal schools: Hanafi, Hanbali, Maliki and Shafi'i.

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Fiqh in the context of Sharia

Sharia (/ʃəˈrə/; Arabic: شَرِيعَة, romanizedsharīʿah, lit.'path [to water]', IPA: [ʃaˈriːʕa]), also transliterated as Sharī'ah, Shari'a, or Shariah, is a body of religious law that form the Islamic tradition based on scriptures of Islam, particularly the Qur'an and hadith. In Islamic terminology sharīʿah refers to immutable, intangible divine law, in contrast to fiqh (Islamic jurisprudence), which refers to its interpretations by Islamic scholars. Sharia, or fiqh as traditionally known, has always been used alongside customary law from the very beginning in Islamic history; it has been elaborated and developed over the centuries by legal opinions issued by qualified jurists – reflecting the tendencies of different schools – and integrated with various economic, penal and administrative laws issued by Muslim rulers; and implemented for centuries by judges in the courts until recent times, when secularism was widely adopted in Islamic societies.

Traditional theory of Islamic jurisprudence recognizes four sources for al-sharia: the Qur'an, sunnah (or authentic ahadith), ijma (lit. consensus) (may be understood as ijma al-ummah (Arabic: إجماع الأمة) – a whole Islamic community consensus, or ijma al-aimmah (Arabic: إجماع الائـمـة) – a consensus by religious authorities), and analogical reasoning. It distinguishes two principal branches of law, rituals (Ibadah) and social dealings (Muamalat); subsections family law, relationships (commercial, political / administrative) and criminal law, in a wide range of topics assigning actions – capable of settling into different categories according to different understandings – to categories (ahkam) mainly as: mandatory, recommended, neutral, abhorred, and prohibited. Beyond legal norms, Sharia also enters many areas that are considered private practises today, such as belief, worshipping, ethics, clothing and lifestyle, and gives to those in command duties to intervene and regulate them.

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Fiqh in the context of Ijtihad

Ijtihad (/ˌɪtəˈhɑːd/ IJ-tə-HAHD; Arabic: اجتهاد ijtihād [ʔidʒ.tihaːd], lit.'physical effort' or 'mental effort') is an Islamic legal term referring to independent reasoning by an expert in Islamic law, or the thorough exertion of a jurist's mental faculty in finding a solution to a legal question. It is contrasted with taqlid (imitation, conformity to legal precedent). According to classical Sunni theory, ijtihad requires expertise in the Arabic language, theology, revealed texts, and principles of jurisprudence (usul al-fiqh), and is not employed where authentic and authoritative texts (Qur'an and hadith) are considered unambiguous with regard to the question, or where there is an existing scholarly consensus (ijma). Ijtihad is considered to be a religious duty for those qualified to perform it. An Islamic scholar who is qualified to perform ijtihad is called a "mujtahid".

For the first five centuries of Islam, the practice of ijtihad continued in theory and practice among Sunni Muslims. It then first became subject to dispute in the 12th century. By the 14th century, development of classic Islamic jurisprudence or fiqh prompted leading Sunni jurists to state that the main legal questions in Islam had been addressed, and to call for the scope of ijtihad to be restricted. In the modern era, this gave rise to a perception amongst Orientalist scholars and sections of the Muslim public that the so-called "gate of ijtihad" was closed at the start of the classical era. While recent scholarship established that the practice of Ijtihad had never ceased in Islamic history, the extent and mechanisms of legal change in the post-formative period remain a subject of debate. Differences amongst the Fuqaha (jurists) prevented Sunni Muslims from reaching any consensus (Ijma) on the issues of continuity of Ijtihad and existence of Mujtahids. Thus, Ijtihad remained a key aspect of Islamic jurisprudence throughout the centuries. Ijtihad was practiced throughout the Early modern period and claims for ijtihad and its superiority over taqlid were voiced unremittingly.

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Fiqh in the context of Christianity in Bosnia and Herzegovina

The most widely professed religion in Bosnia and Herzegovina is Islam and the second biggest religion is Christianity. Nearly all the Muslims of Bosnia are followers of the Sunni denomination of Islam; the majority of Sunnis follow the Hanafi legal school of thought (fiqh) and Maturidi theological school of thought (kalām). Bosniaks are generally associated with Islam, Croats of Bosnia and Herzegovina with the Catholic Church, and Bosnian Serbs with the Serbian Orthodox Church. The State Constitution of Bosnia and Herzegovina (BiH) and the entity Constitutions of the Federation of Bosnia and Herzegovina and the Republika Srpska provide for freedom of religion, and the Government generally respects this right in ethnically integrated areas or in areas where government officials are of the majority religion; the state-level Law on Religious Freedom also provides comprehensive rights to religious communities. However, local authorities sometimes restricted the right to worship of adherents of religious groups in areas where such persons are in the minority.

Government protection of religious freedom declined, especially during the campaign period prior to the October 2006 national elections, due to selective legal enforcement and the indifference of some government officials. At the end of the period covered by this report, the Government was implementing the State Law on Religious Freedom to protect the rights of religious communities and create a government registry allowing them to establish legal status.

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