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Fiqh

The law of Islam. Also spelled fikh.

The term fikh or fiqh simply means Islamic law.

However, as endemic to much of Islamic law, the terms suffers from a lack of a consistent academic description.

To some, like J. Schacht, the term is spelled fikh and is stated to mean the science of Islamic law:

"... the science of the Sharia, the sacred law of Islam."

In Outlines of Muhammadan Law, the author adds that, in regards to fiqh:

"... the term Islamic law is used synonymously with (fiqh)."

In Law in the Middle East, the authors write that:

"The scientific study and elucidation of the shari'a is called fiqh."

Finally, the Oxford Dictionary of Islam:

"Fiqh: conceptually, the human attempt to understand divine law (shariah).
"Whereas shariah is immutable and infallible, fiqh is fallible and changeable."

In Islamic law, lawyers, albeit religious lawyers, are called fakih or, plural, fukaha.

REFERENCES:

  • Esposito, John, Editor, The Oxford Dictionary of Islam (Oxford: Oxford University Press, 2003), page 87.
  • Fyzee, Asaf, Outlines of Muhammadan Law (Delhi: Oxford University Press, 1974).
  • Khadduri, M. and Liebesny, H., Law in the Middle East (Washington: Middle East Institute, 1955), page 86.
  • Schacht, Joseph, An Introduction to Islamic Law (Oxford: Clarendon Press, 1964), page 1,  and 298.

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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