CSSMuslim Law

Q. No. 6. Differentiate between following terms/concepts: (5 each) (a) Fiqh and Shariah (b) Ijtihad and Taqleed (c) Wajib and Fard (d) Hukm-e-taklifi and Hukum-e-wadi 2019

(a) Fiqh and Shariah: Fiqh refers to the human interpretation and understanding of the Islamic legal tradition. It is the application of Shariah principles to specific situations and is often based on the legal opinions of Islamic scholars. Shariah, on the other hand, refers to the divine law as revealed in the Quran and the Sunnah of the Prophet Muhammad. It is considered to be the ultimate source of Islamic law and provides the foundational principles upon which fiqh is based.

(b) Ijtihad and Taqleed: Ijtihad refers to the process of independent legal reasoning by Islamic scholars to derive legal rulings from the sources of Islamic law. It requires a deep understanding of Islamic legal principles and is considered to be an important tool for the development of Islamic law. Taqleed, on the other hand, refers to the practice of following the legal opinions of established Islamic scholars without engaging in independent reasoning. It is considered to be a valid practice for those who do not have the necessary knowledge or expertise to engage in ijtihad.

(c) Wajib and Fard: Wajib and Fard both refer to obligations in Islamic law, but Wajib is a broader term than Fard. Wajib refers to actions that are recommended or necessary, but not mandatory. Fard, on the other hand, refers to actions that are mandatory and failure to perform them is considered a sin.

(d) Hukm-e-taklifi and Hukum-e-wadi: Hukm-e-taklifi refers to legal rulings that are based on divine commandments and are applicable in all situations. It includes both obligations and prohibitions in Islamic law. Hukum-e-wadi, on the other hand, refers to legal rulings that are based on customary practices and are applicable only in specific contexts. It includes rulings related to matters such as contracts, property rights, and commercial transactions.

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