1. What is the difference between shari'a and fiqh? The difference between Sharī'ah and fiqh is best illustrated by their function in Islamic law. Shari'ah is the law according to the way God wants Muslims to live. Ideals and realities of Islam 94. Derived from the Koran. Principles of Islamic Jurisprudence 14. The Quran is the spoken word of God given to Muslims by the prophet. Id. It follows that the Sharī'ah "is the ideal model of life of the individual and the Law that unites the Muslim people into a single community". Ideals and realities of Islam at 94. Sharī'ah is Islamic law. Id. in 93.While the Sharī'ah is the law, fiqh, or Islamic jurisprudence, explains the Sharī'ah, the Quran, and other secondary sources of Islamic law. NJ Coulson, A History of Islamic Law 83. However, some ulema go so far as to say that all other sources are explanatory of the Quran. Principles of Islamic Jurisprudence 14. Fiqh is the jurisprudence in which Sharī'ah is understood. Coulson, above, p. 83. Fiqh provides guidance to Muslims on Islamic law. Id. Fiqh regulates in great detail matters relating to the ritual practices of faith, the composite science of law and morality. Coulson, above, p. 83. The teachings of fiqh are explained by the fuqahā, who are the “guardians of the Islamic conscience”. Id. In short, the differences between Sharī'ah and fiqh can be illustrated by looking at their functions. Sharī'ah is the source of Islamic law and derives from the Quran, while fiqh is Islamic jurisprudence and provides guidance on Islamic law.2. The motto of the Muslim Brotherhood proclaims: “The Koran is our constitution.” (AL-QUR'ĀN U DUSTURUNA). Is this a realistic statement based on your understanding of the concept of Shari'ah? Why or why not? In the strictest sense, the statement “The Quran is our constitution” is inaccurate. The Quran is not a “legal document or a constitutional document”. Principles of Islamic Jurisprudence 19. Less than 1/10 of the Koran, in fact, concerns the law. Id. Upon closer inspection, the Quran is a religious document and directs Muslims on matters of “belief, morality, the five pillars of faith” and numerous other topics. Id. Strictly based on the above observations, the Quran cannot be considered a constitution.
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