Fiqah refers to Islamic Jurisprudence and is the explanation of the Shariah

in the light of the Qur’an and Sunnah. There are four well-known schools of
Jurisprudence, namely; Hanafi; Shafi’i; Hambali and Maliki. Fiqh plays a
very important part in the life of every Muslim. The learned Jurists
(Fuqaha) have derived the important rulings of the Shariah based on the
commands of Qur’an and Sunnah. The importance of Fiqh and the
excellence in understanding the Deen has been mentioned clearly in the
Holy Qur’an and the Hadith.

Shafi'i, Malik, Ahmad, Imam-e-Hanif;

Chaar Baag-e-Imamat pe Laakhon Salam
 Blessed Grave of Imam al-Azam Abu Hanifa Nau'man Ibn Thabit Radi Allahu
Ta'ala Anhu in Baghdad Sharif, Iraq.

Fiqh in the Light of the Qur’an al-Karim

Intellect, acumen and understanding are great blessings of Allah. It is

necessary for a Muslim to be blessed with these if he wishes to understand
the Holy Qur’an, The Hadith, and the secrets and laws that have been
mentioned therein.

Almighty Allah says

‫يعقل ون لق وم آلي ات ذل ك ف ي إن‬

‘Verily, in it are signs for those who understand’ [Surah al-Rome, Verse 24]

In another verse of the Holy Qur’an Allah SubHanuhu wa Ta’ala says

‫يتفك رون لق وم آلي ات ذل ك ف ي إن‬

‘Verily, in it are signs for those who deliberate.’ [Surah al-Rome, Verse 21]

Almighty Allah says

‫يتفك رون لعلھ م للن اس نض ربھا األمث ال وتل ك‬

‘And We present these examples for the people, so that they may
contemplate’ [Surah al-Hashr, Verse 21]

Allah SubHanuhu wa Ta’ala says

‫يفقھ ون لق وم اآلي ات فص لنا ق د‬

‘Undoubtedly, we have explained the signs in detail; for those who
understand.’ [Surah al-An’aam Verse 98]

The above mentioned verses of the Holy Qur’an make it very clear that to
attain Tafaqquh fid Deen, i.e. proper understanding and appreciation of the
Deen; one has to be blessed with intellect and the capability to understand.

Those who have been blessed with the knowledge of Deen and especially
with the knowledge of Fiqh are those who have been bestowed with special
blessings by Allah SubHanuhu wa Ta’ala.

The Holy Qur’an makes it very clear that those with knowledge and those
who are unaware are not alike. Almighty Allah says

‫توي ھل ق ل‬ ‫األلب اب أول و يت ذكر إنم ا يعلم ون ال وال ذين نيعلم و ال ذين يس‬
‘(O Beloved) Say you; Are those who know and those who know not equal?
Surely, it is the wise alone that recognize the guidance.’ [Surah al-Zumar,
Verse 9]

Almighty Allah says:

‫اكث ير خ يرا أوت ي فق د الحكم ة ي ؤت ومن‬

‘And he, who has been blessed with wisdom, has surely been blessed with
great virtue.’ [Surah al-Baqarah, Verse 269]

It must be noted that the Mufasireen (commentators of the Qur’an) have

mentioned that wherever in the Qur’an the mention of Wisdom has come, it
refers to the knowledge of Fiqh. The importance of Fiqh, i.e. understanding
the Deen is also evident from this verse of the Holy Qur’an.

Almighty Allah says

‫وا طائف ة منھم فرق ة ك ل من نف ر فل وال‬ ‫رجع وا إذا ق ومھم ولين ذروا ال دين ف ي ليتفقھ‬
‫ذروني ح لعلھ م إليھ م‬
‘And it is not possible for all the believers to go out (at once); Then why
should a delegation not come forth from every grouping, so that they may
attain the understanding of Religion, thereafter returning to their people,
warning them, in the hope that they may remain guarded. [Surah al-
Tawbah, Verse 122]

Whilst explaining this verse of the Holy Qur’an, Sadrul Afaadil Allama
Sayyid Na’eemud’deen Muradabadi Alaihir raHma wa ar-Ridwan says:

‘It is not necessary for every person to become an Aalim or Faqih.

However, every individual has to attain sufficient knowledge to be able to
differentiate between that which is lawful and unlawful, and to know
what Fard is and what Waajib is. To acquire this amount of knowledge is
Fard-e-‘Ain upon every Muslim, and to acquire more knowledge than this
is Fard-e-Kifaayah. It has been mentioned in the Hadith, that it is Fard
upon every Muslim to acquire knowledge (of Deen).’ [Tafseer Khazain al-
Irfan]
 Blessed Grave of Imam Maalik Ibn Anas Radi Allahu Ta'ala Anhu in Baqi al-
Garqad, Madina al-Munawwarah.

The Excellence of a Faqih in the Light of Hadith

Up to now, we have mentioned the importance of Fiqh in the light of the

Holy Qur’an. This has been further explained and clarified in the Hadith
Sharif.

Hadrat Sayyiduna Ameer Mu’awiyah Radi Allahu Ta’ala Anhu has reported
that the Beloved Prophet (Peace and Blessings of Allah be Upon Him) said:

‫ال دين ف ي يفقھ ه خ يرا ب ه ﷲ ي رد من‬

‘If Allah wills to bestow someone with special virtue; He makes him a Faqih
of the Religion’.

Sahih Bukhari, Volume 1, Chapter 13, Page 137, Hadith 71

Sahih Muslim, Volume 6, Chapter 34, Page 396, Hadith 2439
Mishkat al-Masabih, Volume 1, Page 43, Hadith 200

Hadrat Abu Hurairah Radi Allahu Ta’ala Anhu reported that Rasoolullah
SallAllaho Alaihi wa Aalihi wa Sallam said:

‫فقھ وا إذا اإلس الم ف ي خي ارھم الجاھلي ة ف ي خي ارھم‬

‘Those who were good in the days of ignorance are also good in Islam, if
they have understanding of the Deen.’

Sahih Bukhari, Volume 12, Chapter 8, Page 20, Hadith 3353

Sahih Muslim, Volume 15, Chapter 44, Page 450, Hadith 6311
Mishkat al-Masabih, Volume 1, Page 43, Hadith 201

In this Hadith, Rasoolullah SallAllaho Alaihi wa Aalihi wa Sallam

mentioned that people are bestowed with being better, on the basis of Fiqh,
i.e. on the basis of their understanding of their Deen. This also proves that
according to Rasoolullah SallAllaho Alaihi wa Aalihi wa Sallam, one of the
best qualities in a person is for him to have knowledge of Fiqh.

Once the Holy Prophet (Peace and Blessings of Allah be Upon Him) made
the following Dua for Hadrat Abdullah ibn ‘Abbas Radi Allahu Ta’ala Anhu
by saying:

‫ال دين ف ي فقھ ه اللھ م‬

‘O Allah! Make him a Faqih of the Religion.’

Sahih Bukhari, Volume 1, Chapter 10, Page 260, Hadith 143

Sahih Muslim, Volume 16, Chapter 45, Page 195, Hadith 6523
Mishkat al-Masabih, Volume 3, Page 340, Hadith 6139

Hadrat Ibn ‘Abbas Radi Allahu Ta’ala Anhu says that Rasoolullah
SallAllaho Alaihi wa Aalihi wa Sallam said

‫عاب د أل ف من الش يطان عل ى أش د واحد فقي ه‬

‘One Faqih is more superior over shaitaan, than a thousand worshippers.’

Sunan Tirmidhi, Volume 10, Chapter 19, Page 203, Hadith 2897
Sunan Ibn Majah, Volume 1, Chapter 39, Page 267, Hadith 227
Mishkat al-Masabih, Volume 1, Page 47, Hadith 217

From this Hadith it is evident that a single Faqih (Jurist) is more powerful
over shaitaan, than a thousand devout worshippers. The reason for this is
that due to the knowledge which Almighty Allah has bestowed upon him,
and due to his understanding of the Deen, he is able to recognise and avoid
the traps and the trickery of shaitaan. In reality, he becomes the one who
assist others to be protected from the trickery and deception of shaitaan.
Blessed Grave of Imam Muhammad ibn Idris al-Shafi'i Radi Allahu Ta'ala Anhu in
al-Fustat, Egypt.

In Ilm al-Hadith, there are two things that are fundamental. The first being,
the authenticity of the chain of transmission, and its narration; and the
second being its meaning and understanding it. The Muhaditheen of the
Ummah memorised and preserved the words and chain of transmission of
the Hadith, whereas the distinguished Fuqaha carried the responsibility of
understanding its true meaning and wisdom. It should also be noted that
the distinguished Fuqaha also have complete expertise and proficiency in
the subject of Hadith. One incident pointing to the importance and
excellence of the Fuqaha is as follows:

Khateeb Baghdadi Alaihir raHma wa ar-Ridwan mentions that a Group of

Muhaditheen were present, when a woman who used to bathe deceased
females came forth and asked a question, ‘Can a female who is
menstruating give Ghusl to a female who has passed away or not?’

Imam Yahya bin Mu’een, Abu Hatheema, Zuhair bin Harb, and Khalf bin
Saalim etc. who are regarded amongst distinguished Muhaditheen were
present there. Each one of them began to look at the other, and none of
them was able to give an answer immediately. At that time, Imam Abu
Thaur who with the exception of being a Muhadith; was also a Mujtahid
and a Faqih, passed by. The lady approached him and queried regarding the
said issue. He said ‘Yes, a female who is menstruating is permitted to give
Ghusl to a deceased female.’ The reason being that once Rasoolullah
SallAllaho Alaihi wa Aalihi wa Sallam said to Hadrat A’isha Radi Allahu
Ta’ala Anha:

‫ي دك ف ي لي س حيض تك‬
‘Your menstruation is not in your hand’.

It is also mentioned in the Hadith that whilst in the condition of Haidh,

Hadrat A’isha Radi Allahu Ta’ala Anha used to sprinkle water in the hair of
the Prophet (Peace and Blessings of Allah be Upon Him) and she would
comb a path in his hair. So, if in such a condition, water can be poured onto
the head of a living person, why then can a deceased not be given Ghusl?’

When the distinguished Muhaditheen heard this Fatwa of Imam Abu Thaur
they began to discuss the chain of transmission of the Hadith he had
mentioned, mentioning who its narrators were and how it was narrated.
When the woman heard this, she said ‘Where were you all this while?’ In
other words, she tried to say that if that were the case, why then did they
not give the answer’. [Tareekh-e-Baghdad, Volume 6, Page 67]
 Blessed Grave of Imam Ahmad Ibn Muhammad Ibn Hanbal Radi Allahu Ta'ala
Anhu

--
Compiled from the Book
‘Imam-e-Azam Abu Hanifa’ by
Allama Sayyid Shah Turab al-Haq Qadiri