Re: Understanding Fiq'ha : Concept, validity, reasoning
I will try my best with my best of knowledge
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i) What is the legal status of Fiqah, according to quran and sunnah ?
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To start with Fiqah as a complete study was derived from Quran and Sunnah.
Now stating that Islam is rigid is wrong and theyare various examples but at this point of time, i will avoid it.
1) Quran is something which cannot be changed.
2) Sunnah its already there and this cannot be changed. What i mean by sunnah is what has happened during the time Prophet was alive, and i ignore sunnah which has been an influence of culture. So at this point Quran and sunnah, will remain the same and no change in it.
3) Qiyas: It is derived from analogy of any quran and sunnah, for that particular time or period only. Example praying in space was a big issue, as this issue wasnt there during the time of Prophet but the derivation had to be from Quran and Sunnah.
4) Ijma consensus of the scholars on a particular but again derived from Quran and Sunnah.
Now the other type can be ijtihad, which has to be passed by a Mujtahid , and should be well learned jurispudence of Islam but derived from Quran and Sunnah. The best eg. is of Abu Hanifa coz at that time Islam spread like wildfire and entered new cultures and he was being answered all sought of questions.
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***ii) Who declared them ( each one of them ) a 'school of thought in Islam' ? Whether these noble scholars declared it as such or their followers did it ?*
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The scholars have no where been a part of declaring there own madhab but yes the followers have declared. No where in the history you can find any scholar asserting to follow his madhab.
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***iii) How binding are they ? Whether Adherense to one of them is Allowed ? reccomended ? If yes then why ?*
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This is a sensitive issue few scholars have a definite stand who say follow it though it goes against the authentic sunnah. Few scholars, believe follow the madhab existing in your country/place you are living in but if it goes against the Quran and Sunnah then reject the view of the madhab you are following as you have a much stronger evidence.
I feel strict adherence to any madhab is left to any individual who follows it, but thinking rationally about it is what is been taught about in the Quran.
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***iv) Is this set of schools of thoughts, fiqah (4 or 5 ) mutually exhaustive ? or there can be an addition. Like follower of any scholar declare the interpretation as 'fiqah'. For instance Shah wali Allah, Mufti Taqi Usmani, Ghamidi, Dr. Israar or Dr.Zakir Naik etc can we treat their work/research and interpretation of Islam as a Fiqah ? If not they why ?*
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Again brother i have explained in your first point the 4 ways to regard it as the Fiqah of Islam let it be any scholar. But yes first identify the authenticity of any respected scholar and then try to search if any of the scholars legal rulings are against the Word of Allaah.
Then if its only a derivation from the Sunnah of the Prophet again try to search is this against the Word of Allaah if it contradicts then just throw the legal ruling to the wall.
The qiyas and ijma are more of rational thinking and knowledge. Because this needs knowledge of Quran, sunnah and the period or time a legal ruling is being passed.
Allaah knows the best, everything good above is from Allaah and prophet, and anything wrong is from satan and I.
and let those explain who have studied and can explain it better. Thanks
