Bismillah walhamdolilah wasalatu wasalam ‘ala Rasool Allah

When we begin to talk about a field of study in the religion of Islam it is very imperative we begin by defining the terms; making clear the terminology which is used throughout that field of study. With that said, I want to focus on Fiqh.

Linguistically, fiqh is defined as the true understanding of what is intended. For example: The true understanding of Anatomy, the true understanding of Plants, or the true understanding of Religion. All of these exemplify the linguistic understanding of fiqh. When applied to Islam, fiqh means the science of deducing Islamic Laws from evidences found in the sources of Islamic Law.

Another term which we must define is sharee’ah. This term, linguistically, means a waterhole or the straight/ordained/clear way. When applied to Islam, sharee’ah means the the totality of Islamic Laws which:

  1. Were revealed to the Prophet sallalahu alayhi wasalam
  2. Are recorded in the Qur’an
  3. Can be deduced from the Prophet’s sunnah

From these two definitions of fiqh and sharee’ah, the following may be deduced:

  1. Sharee’ah is revealed laws found in the Qur’an and Sunnah while fiqh is a body of laws deduced from the Qur’an and Sunnah to cover situations not directly treated in the _sharee’ah.

_ 2. Sharee’ah is fixed; it doesn’t change over time. Fiqh changes as circumstances change. 3. Sharee’ah is mostly general; laying down the basic principles. Fiqh tends to be specific; how the basic principles of sharee’ah should be applied in different situations.

Source

Philips, Bilal. The Evolution of Fiqh: Islamic Laws & The Madhabs (3rd edition).