differences in sharia and fiqh in Islamic law

Islamic Law 

sharia and fiqh in Islamic law

Muslim Creed – In this discussion, we will discuss the differences between Sharia and Fiqh. We start with the definition of Sharia. Imam Abu Muhammad Ali bin Hazm in the book Al-Ihkam Fi Ushulil Ahkam, Beirut: Darul AFAQ, 2001 AD, Hakim III, Page 137:


Different differences in sharia and fiqh in Islamic law

It can be understood from the above definition that referring to Sharia is all the rules given by Allah swt to humans in the fields of faith, amaliah, (physical actions) and behavior. The source of the rules can be obtained from the texts contained in the Qur’an, the hadith of the Prophet, and the Ijma’ of the Companions. The Hadith of the Prophet is divided into three charts. It can be in the form of speech, behavior that is exemplified and carried out by the Prophet, and in the form of Taqrir, namely the condition when there is a word or deed done in front of the Prophet, and he silences it.

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The silence of the Prophet is a form of justification because, in essence, it is impossible for the Prophet to silence the evil in his presence.

These texts are not all, but only apply to texts that are Nash, which means that the text is clearly understood and not multi-interpreted or invites controversy.

According to the book of teaching Islamic law by Dr. Rohidin, S.H, M.ag., Etymologically, Sharia is a path from which a water source exits or a path through which a waterfall passes. Then, he agreed with the Arabs as in-Thariqah al-Mustaqimah or the straight path for all Muslims.

The transfer of meaning is based on the release that living things will definitely need water as a way to maintain the safety and health of the body. In the same way, for understanding the straight path, it contains the meaning of Sharia as a guide for human beings to achieve salvation of soul and body.

Meanwhile, according to the terminology (terms), Sharia is interpreted as the rules or laws of Allah, the law for His servants to follow. This understanding is explained by the Islamic writer Manna ‘al-Qhathan, who calls Sharia as all the provisions of Allah, which are prescribed for His servants, whether with regard to faith, worship, morality and muamalah.

In fact, Sharia is also known as Ad-Din (Religion) and Al-Millah in QS Al Jasiyah verse 18:


Different differences in sharia and fiqh in Islamic law

Meanwhile, according to language, Fiqh means knowledge and understanding. According to Abu Zahrah, in the book of Usul al-Fiqh, he proves the meaning of fiqh to a term that intends to know the sharia law which is amaliah and studied from its arguments in detail.

The author of Al-Amadi also refers to knowledge of Fiqh as knowledge of the Furu’iyyah (Branch) Laws obtained through reasoning and Istidlal (reference).

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As explained by Imam Abul Hasan Al-Amidi in al-Ihkam fi ushulil ahkam, the definition of fiqh, namely:


Different differences in sharia and fiqh in Islamic law

From this explanation, we understand that Fiqh applies to topics related to human deeds or actions, whose understanding of the law is obtained from legal sources through a process of ijtihad. Because fiqh is obtained through the process of ijtihad, fiqh often has differences of opinion between one thought and another.

Based on the terms above, it can be concluded that Fiqh is not sharia law, but Fiqh is an interpretation of Sharia law. “Simply put, Fiqh is there to make it easier for us to practice the concrete rules of the Qur’an.

Because the laws and regulations contained in the Qur’an are still very general. Thus, its development is detailed by the hadith of the Apostle and enriched by the thoughts of scholars. This is where the science of Fiqh provides a discipline of knowledge that translates the basic norms of the Qur’an to make it easier to use in everyday life.

At first glance, sharia and fiqh contain the same principles as guidelines for Muslims. So, what are the differences in fiqh and sharia?

1. The provisions of Sharia are found in the Al-Quran and Hadith books. The Sharia in question is the revelation of Allah and the Sunnah of the Prophet Muhammad as His Messenger. While Fiqh is a human understanding that meets Sharia and is contained in fiqh books or books.

2. Sharia is fundamental and has a wider coverage. In fact, including morals or morals and beliefs or beliefs. while Fiqh is instrumental and its scope is limited to laws that regulate human behavior.

3. Shari’ah is God’s decree and the designation of His Messenger is eternal. Meanwhile, Fiqh is human work and is more likely to experience developments over time.

4. Sharia is only one, while Fiqh is many, because fiqh is a human understanding, as seen in the school of Fiqh.

5. Shari’a denotes the concept of fusion in Islam, while Fiqh denotes the various thoughts advocated in Islam.

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