Divisions of Fiqh Flashcards
how many types of fiqh are there? what are they?
2 types. Fiqh al Ibadan and Fiqh al muamalat
how many types of fiqh al muamalat are there?
5 Fiqh al munakahat Fiqh al jinayah Fiqh daulah Fiqh al siyar Fiqh al miirath
what rulings for fiqh al Ibadah talk about?
Rulings related to:
- prayer
- Haj
- fasting
- almsgiving (zakat)
what does fiqh al Ibadah govern?
relationship between individual and allah
what does fiqh al mualamat govern?
relationship between individual and individual
relationship between individual and creations of allah
Root word of munakahat
nikah
purpose of nikah?
to protect linage
what is required for Nikah?
husband wife wali aqad witness
what does Jinayah literally mean?
taking fruits from the tree
How are crimes classified?
- By punishment
- By intention
- By violation of rights
what types of punishments are there?
- Qisas and Diyat
- Hudud
- Taazirat
what does Qisas mean?
An eye for an eye
what is diyat?
blood money
What does hudud mean?
limit/ restriction
in hudud who makes the punishments?
hudud is a crime against Allah thus allah fixes the punishments
what are the 7 hudud crimes?
- adultery
- highway robbery
- false accusations
- consuming intoxications
- theft
- apostasy
- rebellion against a lawful ruler
what are the standards of hudud punishments?
- overturned by the slightest doubts (shubahat)
- must fill requirements of certainty (yaqeen)
- requires 4 male eye witnesses
what does taazir mean literally?
to punish
what does taazir mean theoretically?
when the punishment for an offence is at the discretion of a judge.
when is Taazir applied?
when the punishment hasn’t been mentioned in the Quran and/or sunnah
can a judge forgive a taazir offence
yes
what does fiqh ad daulah refer to?
nationalism (politics)
according to dr Yusuf what is required for a daulah (5)
- land
- people
- head of state
- law
- sovereignty
how is ad daulah different form western law
governing of a state is guided by religion unlike the west
according to Dr. Wahbah, what is ahkam al dawliyyah?
- relationships between islamic countries and other countries interns of peace, war and treaties
- status and rights of non muslims in islamic countries
what is fiqh al siyar ?
international law
which fiqh discusses jihad?
fiqh al siyar