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Essay / Islamic Law - Questions and Answers - 1687
1. What is the difference between Sharia and Fiqh? The difference between Sharia 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. It is derived from the Quran. Principles of Islamic Jurisprudence 14. The Quran is the word of God given to Muslims by the Prophet. Identifier. It follows that the Shari'ah "is the ideal model of the life of the individual and the Law which binds the Muslim people into a single community". Ideals and realities of Islam in 94. Sharī'ah is Islamic law. Identifier. at 93. While the Sharī'ah is the law, fiqh or Islamic jurisprudence, explains the Sharī'ah, the Qur'an and other secondary sources of Islamic law. NJ Coulson, A History of Muslim Law 83. However, some ulama go so far as to say that all other sources are explanatory of the Quran. Principles of Islamic Jurisprudence 14. Fiqh is the jurisprudence allowing us to understand the Shari'ah. Coulson, supra, p. 83. Fiqh provides guidance to Muslims on Islamic law. Identifier. Fiqh regulates in great detail questions of ritual practices of faith, a composite science of law and morality. Coulson, supra, p. 83. The teachings of fiqh are explained by the fuqahā, who are the “guardians of Islamic conscience”. Id. In short, the differences between Sharī'ah and fiqh can be illustrated by examining their functions. The 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 Muslim Brotherhood's motto proclaims: "The Koran is our constitution." (AL-QUR’ĀN U DUSTURUNA). Is this a realistic statement based on your understanding of the concept of Sharia law? 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. In fact, less than a tenth of the Quran concerns law. Identifier. Looking closer, the Quran is a religious document and guides Muslims on matters of "belief, morality, the five pillars of faith" and many other topics. Identifier. Strictly based on the above observation, the Quran cannot be considered as a constitution..