1. “Fiqh” is a proper noun, referring to a discipline with a specific subject matter and equally specific principles. The fiqh studied by the jurists – who are the scholars of fiqh according to this definition – in their books, researches, and legal opinions, is not a science where qualitative judgments take precedence over reason or where feelings take precedence over facts
2. Fiqh is “knowledge of the injunctions of the Sharî`ah.” The injunctions of the Sharî`ah are those injunctions that are derived from the revealed texts. This clause excludes judgments based on the dictates of reason like the knowledge that the universe is temporal and that one is half of two. It also excludes verdicts taken from the use of specific terminology.
An injunction of the Sharî`ah is a rule prescribed by the Divine Lawgiver for a certain matter. This injunction might outline a specific type of legal accountability, like that of obligation or prohibition. In this case, it is called a ruling of accountability. It might also be devoid of accountability, like a ruling that something is legally valid or invalid. In this instance, it is known as a set ruling.
3. Fiqh is the knowledge of the injunctions of the Sharî`ah “that deal with outward practice.” This clause shows that the injunctions that fiqh is concerned with are those that pertain to the outward actions of people, both in their worship and their daily interactions with each other. This excludes issues and injunctions pertaining to belief and dogma, as well as those pertaining to spiritual development and reform, for none of these injunctions concern outward actions. Instead, they fall under the domain of Theology and Ethics respectively.
4. The definition mentions that knowledge of the injunctions of Fiqh is “derived from their specific proofs.” This means that the only injunctions that are considered in the science of Fiqh are those that are derived from the well-known sources of Islamic Law. The jurist is the one who derives each and every ruling from its proper piece of evidence. Islamic Law – or Fiqh – is not set down by any national government, but is Divine legislation derived from religious sources.
The “specific proofs” intended are the individual proofs that come from the Qur’ân and Sunnah, like Allah’s words:
Forbidden for you are carrion, blood, and the flesh of swine.
And the words of His Messenger (peace be upon him):
Gold and silk are permissible for the women of my nation but not for the men.
The specific proofs can be contrasted by the general proofs that are the concern of the scholars of Jurisprudence who investigate what types of sources can be used as evidence in Islamic law, such as the Qur’ân and Sunnah, consensus, and juristic analogy.The injunctions dealt with by the Sharî`ah can be broken into three categories:
1. That which relates to Islamic beliefs. This includes the injunctions relating to Allah’s essence and attributes, His Messengers, His books, and the Day of Judgment and all the events that follow, like the reckoning of deeds and recompense. This type of injunction is the domain of Theology.
