Shari’ah and Fiqh, a Simplified Explanation in Between

What is Shari’ah and how it be distinguished from Fiqh?

Firstly, allow me to reiterate the three well-known definitions of Shari’ah. It was defined as “Totality of God’s Commandments”. In other materials (Muhammad Shalabee, p., 13, 1983), it was defined as “Sum of the Islamic Law which were revealed to the Prophet Mohammed ﷺ, and which recorded in the Qur’an as well as deducible from the Prophet’s divinely-lifestyle.” It also defined as “that which would not be known had there not been a Divine revelation” (Sard-us Shari’at Tawdih, cit., Abdul Razak, p., 1, 1985)

Now, from the given definition, when it said, “totality” it signifies the broadness of this law. From head to foot, from life to death, all are embraced. Further, it doesn’t solely pertain to the purview of its comprehensiveness, but more so in its perfection. 

Notably, the fundamental and legal aspect of this is when He said, (Al Maidah: 5)اَ لۡيَوۡمَ اَكۡمَلۡتُ لَـكُمۡ دِيۡنَكُمۡ وَاَ تۡمَمۡتُ عَلَيۡكُمۡ نِعۡمَتِىۡ وَرَضِيۡتُ لَـكُمُ الۡاِسۡلَامَ دِيۡنًا “This day, I have perfected your religion for you, completed My favor upon you, and have chosen for you Islam as your religion.” 

Accordingly, the Supreme whom this law originated had concluded of what is permissible and impermissible. The law He has Legislated and everything that enclosed therein conveys truth and authenticity. That is Islamic law or Shari’ah; the general context of the law, and a broad concept of law regulating either spiritual or human business affairs. It clenches all human actions.   

Shari’ah has four primary sources, namely: the Qur’an, Hadith, Ijma, and Qiyas. There are other sources of this law found in many references on Islamic jurisprudence. 

The study, analysis and deduction of these sources mainly at the four major sources, is now the field of fiqh.  It is well known as Usul al Fiqh, which defined as “science of Shari’ah values related to the conduct from their respective evidence” (Agnides, cit., Alauya, p., 3, 1999).

So, because Shari’ah law is broad in a sense, when particular issues or cases not specifically delineated by the law itself, then the faqhi (jurist) will resort to interpret the text of the Qur’an in order to arrive at determine quality of Shari’ah value. 

In a sense, the Shari’ah is what we meant the general laws revealed by the Supreme to His last Prophet, while Fiqh is the human interpretation of such revealed laws. Shari’ah represent the ample principles of laws, whereas fiqh is the extraction and appreciations of Shari’ah ruling reclusively out of that principle. Fiqh is the process of unveiling legal or illegal out of what has been given by Him.