How Fiqh developed and evolved

Did you know that earlier scholars of Fiqh defined Fiqh differently to those that came later? This article can be called ‘A history of Fiqh’, as it explains how Fiqh developed and evolved over the generations. Added to that an introduction to the Imams of Fiqh is also outlined as they pay a vital role in the evolution of Fiqh.

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In the name of Allah, most merciful, most compassionate.

Firstly, the defitions of Fiqh, in terms of language and its technical meaning will be discussed.

Fiqh in terms of language: To have knowledge of something and understanding – whether it is apparent or hidden – such that you are able to understand the objective/purpose of the speaker from his speech. Examples of this are found in The Noble Quran – 

أَيْنَمَا تَكُونُوا۟ يُدْرِككُّمُ ٱلْمَوْتُ وَلَوْ كُنتُمْ فِى بُرُوجٍۢ مُّشَيَّدَةٍۢ ۗ وَإِن تُصِبْهُمْ حَسَنَةٌۭ يَقُولُوا۟ هَـٰذِهِۦ مِنْ عِندِ ٱللَّهِ ۖ وَإِن تُصِبْهُمْ سَيِّئَةٌۭ يَقُولُوا۟ هَـٰذِهِۦ مِنْ عِندِكَ ۚ قُلْ كُلٌّۭ مِّنْ عِندِ ٱللَّهِ ۖ فَمَالِ هَـٰٓؤُلَآءِ ٱلْقَوْمِ لَا يَكَادُونَ يَفْقَهُونَ حَدِيثًۭا [٧٨]

Wherever you will be, Death will overtake you, even though you are in fortified castles.” If some good comes to them, they say, “This is from Allah.” But if some evil visits them, they say, “This is from you.” Say, “All is from Allah.” So, what is wrong with these people, they do not seem to understand anything? [4:78]

Also the statement of Allah, giving an account of the nation of Shaiub [Allah bless him] 

قَالُوا۟ يَـٰشُعَيْبُ مَا نَفْقَهُ كَثِيرًۭا مِّمَّا تَقُولُ وَإِنَّا لَنَرَىٰكَ فِينَا ضَعِيفًۭا ۖ وَلَوْلَا رَهْطُكَ لَرَجَمْنَـٰكَ ۖ وَمَآ أَنتَ عَلَيْنَا بِعَزِيزٍۢ ٩١]

They said, “O Shu‘aib, we do not understand much of what you say, and, in fact, we see you are weak among us. But for your clan, we would have stoned you. And to us, you are not a man of respect.”

Some of the scholars say the definition of Fiqh in language is: to have intricate knowledge of something. Meaning what is the purpose and hidden meanings of the statement, just like Allah said: 

وَهُوَ ٱلَّذِىٓ أَنشَأَكُم مِّن نَّفْسٍۢ وَٰحِدَةٍۢ فَمُسْتَقَرٌّۭ وَمُسْتَوْدَعٌۭ ۗ قَدْ فَصَّلْنَا ٱلْـَٔايَـٰتِ لِقَوْمٍۢ يَفْقَهُونَ ٩٨

He is the One who created you from one person, then, you have a place to dwell and a place to sojourn. We have elaborated the signs for the people who understand. [6:98] 

Technical definition of Fiqh

The definition of fiqh according to the scholars of Usul are based upon 3 stages: 

Stage 1: This is a general usage of the word Fiqh upon all the rulings [Ahkam] that which the Islamoc law has come with. There is also another usage: The word Fiqh is synonymous to the word ‘Shari’ [Islamic Law], it is recognition of everything that has come from Allah, whether it is attached to beliefs [Aqeedah] or character [Akhlaq] or the actions of the limbs and that which is attached to worship [Ibadah] and human interactions [Mu’amalat]. 

With this meaning, Imam Abu Hanifah, defines Fiqh and states: ‘It is the recognition of the soul, that which is for it and that which is against it. This is why he has called his book regarding Aqaid: ‘Fiqh al-Akbar’. 

Stage 2: In this stage the understanding of fiqh changed, hence it became more specific. So removed from it was the knowledge of Aqeedah, and this [Aqidah] became a separate brance of knowledge which was called Ilm at-Tawheed. In this stage fiqh was recognised as being knowledge of rulings of the branches of Islamic Law, which has been derived from its evidences which is detailed. 

The meaning of the branches is that which is besides the origin which is Aqeedah, because that is the origin of Shariah, and the thing which everything is built upon. 

With this new technical meaning of the word fiqh, the rulings of the following have been taken out. What has remained is the taking of the practical rulings of Shariah, which are connected to the actions of the limbs, such as worship human interactions, in the same way that the branches of shariah which are to do with the heart have been taken, such as the prohibition of obstentation, arrogance, envy, self admiration. Also the permissibility of humility and the love of goodness and similar aspects. 

Stage 3: This is the level in which the views of the scholars have remained upon until today, and that is fiqh is: ‘Knowledge of the practical rulings of shariah which has been derived from its detailed evidence. 

So upon this are those branches of the rulings of shariah which are connected to the actions of the heart such as tasawuf and akhlaq, have been taken out.

More content to be added Insha Allah

– Extracted from Maraqi al-Falah