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A faqīh (pl.: fuqahāʾ, Arabic: فقيه; pl.: ‏فقهاء‎) is an Islamic jurist, an expert in fiqh, or Islamic jurisprudence and Islamic law.

Definition

Islamic jurisprudence or fiqh is the human understanding of Sharia, which is believed by Muslims to represent divine law as revealed in the Quran and sunnah (the practices of the Islamic prophet Muhammad).^[1]^[2] Sharia is expanded and developed by interpretation (ijtihad) of the Quran and sunnah by Islamic jurists (ulama)^[2] and implemented by the rulings (fatwas) of jurists on questions presented to them.

Fiqh deals with the observance of rituals, morals and social legislation in Islam. In the modern era there are four prominent schools (madhhab) of fiqh within Sunni practice and two (or three) within Shia practice.^[3]

The historian Ibn Khaldun describes fiqh as "knowledge of the rules of God which concern the actions of persons who own themselves bound to obey the law respecting what is required (wajib), sinful (haram), recommended (mandub), disapproved (makruh) or neutral (mubah)".^[4] This definition is consistent amongst the jurists.

Methods of derivation

Methods of derivation are laid out in the books of usul al-fiqh (principles of fiqh), and the types of evidence which are deemed valid for deriving rulings from are many in number. Four of them are agreed upon by the vast majority of jurists. They are:

The Quran
Sunnah
Ijma' or consensus
Qiyas or analogy

These four types of evidence are seen as acceptable by the vast majority of jurists from both the schools of Sunni jurists (the Hanafi, Maliki, Shafi'i, and Hanbali and sometimes the Zahiriyah), as well as Shia jurists. However, Zahiriyah or Literalists do not see qiyas as valid.

While Twelver Shia see edicts of the Twelve Imams as holding the same weight as the Quran and sunnah, this is not accepted by Sunni jurists.

Conditions for being a faqih

A faqih is one who has fulfilled the conditions for ijtihad either in their entirety or piecemeal. In the Sunni view it is generally held that there are no or very few jurists that have reached the level of Mujtahid Mutlaq (see below) in our day and age. In the Twelver Shia view, each of the Marja' have reached this level.

The faqih who fulfills all conditions of ijtihad is sometimes referred to as a Mujtahid Mutlaq or Unrestricted Jurist-Scholar, while one who has not reached that level generally will have mastered the methodology (usul) used by one or more of the prominent madhhab and will be able to apply this methodology to arrive at the traditional legal rulings of his/her respective madhhab. According to the Sunni Muslim website Living Islam, "There is no mujtahid mutlaq today nor even a claimant to that title."^[5]

Below the level of Mujtahid Mutlaq is the Mujtahid Muqayyad or Restricted Jurist-Scholar. A Mujtahid Muqayyad must pass rulings according to the confines of his particular madhhab (school of jurisprudence), or particular area of specialization.^[6] This is according to the view that ijtihad or the ability of legal deduction can be achieved in specified areas, and does not require a holistic grasp of the Shariah and its entailing laws and legal theory.

Iran

According to Article 5 of the Constitution of the Islamic Republic of Iran, in the present time of the Major Occultation, the head of state that must administer the Ummah is required to be a faqih.^[7] He has to be god-fearing.

Notes

References

^ Fiqh Archived 26 April 2015 at the Wayback Machine Encyclopædia Britannica
^ ^a ^b Vogel, Frank E. (2000). Islamic Law and the Legal System of Saudí: Studies of Saudi Arabia. Brill. pp. 4–5. ISBN 9004110623. Archived from the original on 22 February 2023. Retrieved 5 October 2020.
^ Glasse, Cyril, The New Encyclopedia of Islam, Altamira, 2001, p.141
^ Levy (1957). Page 150.
^ Haddad, GF. "What is the definition of a mujtahid mutlaq, and are there any today". livingislam.org. Archived from the original on 18 January 2018. Retrieved 9 September 2015.
^ The Sunni Path (15th ed.). Hakikat Kitapevi. p. 33. Retrieved 9 September 2015.
^ "Constitution of the Islamic Republic of Iran". Archived from the original on 5 March 2021. Retrieved 21 May 2023.

Levy, Reuben (1957). The Social Structure of Islam. UK: Cambridge University Press. ISBN 978-0-521-09182-4.

External links

Who is a Faqih - balagh.com

[1] Fiqh Archived 26 April 2015 at the Wayback Machine Encyclopædia Britannica

[vogel-2] Vogel, Frank E. (2000). Islamic Law and the Legal System of Saudí: Studies of Saudi Arabia. Brill. pp. 4–5. ISBN 9004110623. Archived from the original on 22 February 2023. Retrieved 5 October 2020.

[3] Glasse, Cyril, The New Encyclopedia of Islam, Altamira, 2001, p.141

[4] Levy (1957). Page 150.

[Haddad-5] Haddad, GF. "What is the definition of a mujtahid mutlaq, and are there any today". livingislam.org. Archived from the original on 18 January 2018. Retrieved 9 September 2015.

[6] The Sunni Path (15th ed.). Hakikat Kitapevi. p. 33. Retrieved 9 September 2015.

[7] "Constitution of the Islamic Republic of Iran". Archived from the original on 5 March 2021. Retrieved 21 May 2023.

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+{{Short description|Expert in Islamic jurisprudence}}
-{{redirect|Fuqaha|the village in Libya|Fuqaha, Libya}}
+{{Redirect|Fuqaha|the village in Libya|Fuqaha, Libya}}
-{{redirect|Faqih|places in Iran|Faqih, Iran (disambiguation){{!}}Faqih, Iran}}
+{{Redirect|Faqih|places in Iran|Faqih, Iran (disambiguation){{!}}Faqih, Iran}}
-{{redirect|Fakih|the 2010 [[Miss USA]]|Rima Fakih}}
+{{Redirect|Fakih|the 2010 [[Miss USA]]|Rima Fakih}}
-{{Refimprove|date=August 2016}}
+{{More citations needed|date=August 2016}}
+{{Use dmy dates|date=April 2017}}
+{{Italics title}}
 {{Usul al-fiqh}}
-A '''faqīh''' (plural ''fuqahā'', {{lang-ar|[[wikt:فقيه|فقيه]], pl. فقهاء}}) is an ''Islamic jurist'', an expert in [[fiqh]], or [[Islam]]ic [[jurisprudence]] and [[Islamic Law]].
+A '''''faqīh''''' ({{plural form}}: ''fuqahāʾ'', {{langx|ar|[[wikt:فقيه|فقيه]]}}; {{plural form}}: &rlm;{{lang|ar|فقهاء}}&lrm;) is an [[Islam]]ic jurist, an expert in ''[[fiqh]]'', or Islamic [[jurisprudence]] and [[Islamic law]].
-==Definition==
-{{main article|fiqh}}
+== Definition ==
-[[Islam]]ic [[jurisprudence]]<ref>[http://www.britannica.com/EBchecked/topic/207723/fiqh Fiqh] Encyclopædia Britannica</ref> or fiqh is the human understanding of the [[Sharia]] (believed by Muslims to represent divine law as revealed in the [[Quran]] and the ''[[Sunnah]]'' (the teachings and practices of the Islamic prophet [[Muhammad]]))<ref name=vogel>{{cite book|last=Vogel|first=Frank E.|title=Islamic Law and the Legal System of Saudí: Studies of Saudi Arabia|date=2000|publisher=Brill|pages=4–5|url=https://books.google.com/?id=-PfDuvnHMGoC&printsec=frontcover&dq=vogel+islamic+law#v=onepage&q=vogel%20islamic%20law&f=false|isbn=9004110623}}</ref> —sharia expanded and developed by interpretation (''[[ijtihad]]'') of the Quran and ''Sunnah'' by Islamic jurists (''[[Ulema]]'')<ref name=vogel/> and implemented by the rulings (''[[Fatwa]]'') of jurists on questions presented to them.
+{{main article|Fiqh}}
+[[File:Sunni Streams of Doctrine.png|thumb|Main schools of thought within Sunni Islam, and other prominent streams.]]
-''Fiqh'' deals with the observance of rituals, morals and social legislation in Islam. In the modern era there are four prominent schools (''[[madh'hab]]'') of ''fiqh'' within [[Sunni]] practice and two (or three) within [[Shi'a]] practice.<ref>Glasse, Cyril, ''The New Encyclopedia of Islam'', Altamira, 2001, p.141</ref>
+[[Islam]]ic [[jurisprudence]] or ''fiqh'' is the human understanding of [[Sharia]], which is believed by Muslims to represent divine law as revealed in the [[Quran]] and ''[[sunnah]]'' (the practices of the Islamic prophet [[Muhammad]]).<ref>[http://www.britannica.com/EBchecked/topic/207723/fiqh Fiqh] {{Webarchive|url=https://web.archive.org/web/20150426123044/http://www.britannica.com/EBchecked/topic/207723/fiqh |date=26 April 2015 }} [[Encyclopædia Britannica]]</ref><ref name=vogel>{{cite book|last=Vogel|first=Frank E.|title=Islamic Law and the Legal System of Saudí: Studies of Saudi Arabia|date=2000|publisher=Brill|pages=4–5|url=https://books.google.com/books?id=-PfDuvnHMGoC&q=vogel+islamic+law|isbn=9004110623|access-date=5 October 2020|archive-date=22 February 2023|archive-url=https://web.archive.org/web/20230222050209/https://books.google.com/books?id=-PfDuvnHMGoC&q=vogel+islamic+law|url-status=live}}</ref> Sharia is expanded and developed by interpretation (''[[ijtihad]]'') of the Quran and ''sunnah'' by Islamic jurists (''[[ulama]]'')<ref name=vogel/> and implemented by the rulings (''[[fatwa|fatwas]]'') of jurists on questions presented to them.
-The historian [[Ibn Khaldun]] describes ''fiqh'' as "knowledge of the rules of God which concern the actions of persons who own themselves bound to obey the law respecting what is required (''[[wajib]]''), sinful (''[[haraam]]''), recommended (''[[mustahab|mandūb]]''), disapproved (''[[makrūh]]'') or neutral (''[[mubah]]'')".<ref>Levy (1957). Page 150.</ref> This definition is consistent amongst the jurists.
+''Fiqh'' deals with the observance of rituals, morals and social legislation in Islam. In the modern era there are four prominent schools (''[[madhhab]]'') of ''fiqh'' within [[Sunni]] practice and two (or three) within [[Shia]] practice.<ref>Glasse, Cyril, ''The New Encyclopedia of Islam'', Altamira, 2001, p.141</ref>
-Another definition of ''Fiqh'' is "Knowledge of legislative rulings, pertaining to the actions of man, as derived from their detailed evidences."<ref name=Kulseth-440>{{cite book|last1=Kulseth|first1=P. M.|title=Redeemed: The Saga of Eyja's Family in Iceland and the Muslim World|date=2010|publisher=Xlibris Corporation|page=440|url=https://books.google.com/books?id=PqkZp1ElMmcC&pg=PA440&dq=fiqh+Knowledge+of+legislative+rulings,+pertaining+to+the+actions+of+man,+as+derived+from+their+detailed+evidences&hl=en&sa=X&ved=0CB0Q6AEwAGoVChMIiP3lg9XqxwIVTwWSCh21vwQf#v=onepage&q=fiqh%20Knowledge%20of%20legislative%20rulings%2C%20pertaining%20to%20the%20actions%20of%20man%2C%20as%20derived%20from%20their%20detailed%20evidences&f=false|accessdate=9 September 2015}}</ref>{{Self-published inline|certain=yes|date=December 2017}}
+The historian [[Ibn Khaldun]] describes ''fiqh'' as "knowledge of the rules of God which concern the actions of persons who own themselves bound to obey the law respecting what is required (''[[wajib]]''), sinful (''[[haram]]''), recommended (''[[mustahabb|mandub]]''), disapproved (''[[makruh]]'') or neutral (''[[mubah]]'')".<ref>Levy (1957). Page 150.</ref> This definition is consistent amongst the jurists.
-*"Legislative rulings..." here excludes rulings that are purely theoretical in nature, such as those found in the science of ''Usul Al Fiqh'', as well as those theological in nature, generally discussed in the books of [[Aqidah]] or [[Kalam]].
-*"derived from their detailed evidences" here connotes two things:
-#that there is a method of derivation; and,
-#that the source for such derivation are the various evidences considered valid Islamically.{{citation needed|date=September 2015}}
-==Methods of derivation==
+== Methods of derivation ==
-Methods of derivation are laid out in the books of ''Usul Al Fiqh'' (principles of fiqh), and those evidences which are deemed valid for deriving rulings from are many in number. Four of them are agreed upon by the vast Majority of Jurists, they are:
+Methods of derivation are laid out in the books of ''usul al-fiqh'' (principles of fiqh), and the types of evidence which are deemed valid for deriving rulings from are many in number. Four of them are agreed upon by the vast majority of jurists. They are:
-* The [[Qur'an]]
+* The [[Quran]]
-* The [[Hadith|Sunnah]]
+* ''[[Hadith|Sunnah]]''
-* [[Ijma']] or Consensus
+* ''[[Ijma']]'' or consensus
-* [[Qiyas]] or Analogy
+* ''[[Qiyas]]'' or analogy
-These four types of evidence are seen as acceptable by the vast majority of Jurists from both the schools of [[Sunni Islam|Sunni]] Jurists (the [[Hanafi]], [[Maliki]], [[Shafi'i]], and [[Hanbali]] and sometimes the [[Zahiriyah]]), as well as [[Shi'a Islam|Shi'a]] Jurists.  However, [[Zahiriyah]] or Literalists do not see [[Qiyas]] as valid.
+These four types of evidence are seen as acceptable by the vast majority of jurists from both the schools of [[Sunni Islam|Sunni]] jurists (the [[Hanafi]], [[Maliki]], [[Shafi'i]], and [[Hanbali]] and sometimes the [[Zahiriyah]]), as well as [[Shia Islam|Shia]] jurists. However, [[Zahiriyah]] or Literalists do not see ''[[qiyas]]'' as valid.
-While Twelver Shia see edicts of the [[Twelvers|Twelve]] Imams as holding the same weight as the Quran and Sunnah, this is unacceptable by Sunni Jurists.
+While Twelver Shia see edicts of the [[Twelvers|Twelve]] Imams as holding the same weight as the Quran and ''sunnah'', this is not accepted by Sunni jurists.
-==Conditions for being a faqīh==
+== Conditions for being a ''faqih'' ==
-The faqīh is one who has fulfilled the conditions for [[Ijtihad]] either in their entirety or in piecemeal.  In the Sunni point of view it is generally held that there are either no (or very few) Jurists or Fuqaha that have reached the level of Mujtahid Mutlaq in our day and age. In the [[Twelver]] (Ithna Asheri) Shia view, each of their [[Marja']] have reached this level.
+A ''faqih'' is one who has fulfilled the conditions for ''[[ijtihad]]'' either in their entirety or piecemeal. In the Sunni view it is generally held that there are no or very few jurists that have reached the level of Mujtahid Mutlaq (see below) in our day and age. In the [[Twelver]] Shia view, each of the [[Marja']] have reached this level.
-The faqīh who fulfills all conditions of Ijtihad is sometimes referred to as a ''Mujtahid Mutlaq'' or Unrestricted Jurist-Scholar, while he who has not reached that level generally will master of the methodology (''Usul'') used by one or more of the prominent ''madhhab'' and then able to apply this methodology to arrive at the traditional legal rulings of his/her respective madhhab. According to the Sunni Muslim website Living Islam, "There is no mujtahid mutlaq today nor even a claimant to that title."<ref name=Haddad>{{cite web|last1=Haddad|first1=GF|title=What is the definition of a mujtahid mutlaq, and are there any today.|url=http://www.livingislam.org/fiqhi/fiqha_e60.html|website=livingislam.org|accessdate=9 September 2015}}</ref>
+The ''faqih'' who fulfills all conditions of ''ijtihad'' is sometimes referred to as a Mujtahid Mutlaq or Unrestricted Jurist-Scholar, while one who has not reached that level generally will have mastered the methodology (''usul'') used by one or more of the prominent ''madhhab'' and will be able to apply this methodology to arrive at the traditional legal rulings of his/her respective madhhab. According to the Sunni Muslim website Living Islam, "There is no mujtahid mutlaq today nor even a claimant to that title."<ref name=Haddad>{{cite web|last1=Haddad|first1=GF|title=What is the definition of a mujtahid mutlaq, and are there any today.|url=http://www.livingislam.org/fiqhi/fiqha_e60.html|website=livingislam.org|access-date=9 September 2015|archive-date=18 January 2018|archive-url=https://web.archive.org/web/20180118132431/http://www.livingislam.org/fiqhi/fiqha_e60.html|url-status=live}}</ref>
-Below the level of Mujtahid Mutlaq is the ''Mujtahid Muqayyad'' or a Restricted Jurist-Scholar.  A ''Mujtahid Muqayyad'' must pass rulings according to the confines of his particular [[madhhab]] (school of jurisprudence), or particular area of specialization.<ref>{{cite book|title=The Sunni Path|publisher=Hakikat Kitapevi.|page=33|edition=15th|url=https://books.google.com/books?id=0RsuasOoNH0C&pg=PA33&dq=%27%27%27Mujtahid+Muqayyad%27%27%27&hl=en&sa=X&ved=0CB0Q6AEwAGoVChMI2Jr359nqxwIV0X-SCh3DFwEP#v=onepage&q=%27%27%27Mujtahid%20Muqayyad%27%27%27&f=false|accessdate=9 September 2015}}</ref> This is according to the view that Ijtihad or the ability of legal deduction can be achieved in specified areas, and does not require a holistic grasp of the [[Shariah]] and its entailing Laws and legal theory.
+Below the level of Mujtahid Mutlaq is the Mujtahid Muqayyad or Restricted Jurist-Scholar.  A Mujtahid Muqayyad must pass rulings according to the confines of his particular ''[[madhhab]]'' (school of jurisprudence), or particular area of specialization.<ref>{{cite book|title=The Sunni Path|publisher=Hakikat Kitapevi.|page=33|edition=15th|url=https://books.google.com/books?id=0RsuasOoNH0C&q=%27%27%27Mujtahid+Muqayyad%27%27%27&pg=PA33|access-date=9 September 2015}}</ref> This is according to the view that ''ijtihad'' or the ability of legal deduction can be achieved in specified areas, and does not require a holistic grasp of the [[Shariah]] and its entailing laws and legal theory.
-==See also==
+== Iran ==
+According to Article 5 of the [[Constitution of the Islamic Republic of Iran]], in the present time of the [[Major Occultation]], the [[head of state]] that must administer the ''[[Ummah]]'' is required to be a ''faqih''.<ref>{{cite web | url=https://en.wikisource.org/wiki/Constitution_of_the_Islamic_Republic_of_Iran#Article_5 | title=Constitution of the Islamic Republic of Iran | access-date=21 May 2023 | archive-date=5 March 2021 | archive-url=https://web.archive.org/web/20210305102724/https://en.wikisource.org/wiki/Constitution_of_the_Islamic_Republic_of_Iran#Article_5 | url-status=live }}</ref> He has to be [[Fear of God#Islam|god-fearing]].
+== See also ==
 * [[List of Islamic studies scholars]]
-* [[Ayatollah|Grand Ayatollahs]] - Fuqaha throughout history
+* [[Ayatollah|Grand Ayatollahs]]
 * [[Sanatul Fuqaha]]
-==References==
+== Notes ==
+{{notelist}}
+== References ==
 {{reflist}}
-*{{Cite book |ref=harv |last=Levy |first=Reuben |title=The Social Structure of Islam |location=UK |publisher=Cambridge University Press |year=1957 |isbn=978-0-521-09182-4 |url-access=registration |url=https://archive.org/details/socialstructureo0000levy }}
+* {{Cite book |last=Levy |first=Reuben |title=The Social Structure of Islam |location=UK |publisher=Cambridge University Press |year=1957 |isbn=978-0-521-09182-4 |url-access=registration |url=https://archive.org/details/socialstructureo0000levy }}
-==External links==
+== External links ==
 * [https://web.archive.org/web/20060926083948/http://www.balagh.com/english/articles/WHO%20IS%20A%20FAQIH.htm ''Who is a Faqih'' - balagh.com]
+{{Authority control}}
-{{Use dmy dates|date=April 2017}}
 {{DEFAULTSORT:Faqīh}}
 [[Category:Arabic words and phrases in Sharia]]
 [[Category:Islamic legal occupations]]
-[[Category:Arabic honorific titles]]
+[[Category:Arabic-language honorifics]]
+[[Category:Constitutions of Iran]]
 [[Category:Islamic jurisprudence]]
+[[Category:Islamic courts and tribunals]]