Fiqh? |
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Islamic jurisprudence, Fiqh (in Arabic and Persian: فقه) is made up of the rulings of Islamic jurists to direct the lives of the Muslim faithful. There are four Sunni schools or maddhab of fiqh.
The four schools of Sunni Islam are each named after a classical jurist. The Sunni schools (and where they are commonly found) are the Shafi'i (Indonesia and Malaysia), Hanafi (Turkey, the Balkans, Central Asia, Indian subcontinent, Egypt, China), Maliki (North Africa and West Africa), and Hanbali (Arabia).
These four schools share most of their rulings, but differ on the particular hadiths they accept as authentically given by Muhammad and the weight they give to analogy or reason (qiyas) in deciding difficulties.
The Jaferi school (Iran, Iraq, and parts of Afghanistan) is more associated with Shia Islam. The fatwas, or time and space bound rulings of early jurists, are taken rather more seriously in this school, due to the more hierarchical structure of Shia Islam, which is ruled by the imams. But they are also more flexible, in that every jurist has considerable power to alter a decision according to his opinion.
Each school reflects a unique al-urf or culture, that the classical jurists themselves lived in, when rulings were made. Some suggest that the discipline of isnah which developed to validate hadith made it relatively easy to record and validate also the rulings of jurists, making them far easier to imitate (taqlid) than to challenge in new contexts. The effect is, the schools have been more or less frozen for centuries, and reflect a culture that simply no longer exists.
Early shariah had a much more flexible character, and many modern Muslim scholars believe that it should be renewed, and that the classical jurists should lose special status. This would require formulating a new fiqh suitable for the modern world, e.g. as proposed by advocates of the Islamization of knowledge, and would deal with the modern context. This modernization is opposed by most conservative ulema.