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  • Differences Of Opinion In Fiqh Laws

    Posted by Saba Kayani on March 20, 2021 at 4:35 pm

    Why every school of thought is different? For example as per Imam Abu Hanifa’s school of thought three times divorce in one sitting considered irrevocable & it’s different in other school of thoughts. Same thing with so many other issues like capital punishments. When people have questions they are told that one should follow whatever they think is right however it’s human psychology that they tend to accept whatever is more easier for them. So my question is, Is it allowed in Islam to restructure those laws & make it as one according to specific era of time which people are living in?

    Dr. Irfan Shahzad replied 2 years, 6 months ago 4 Members · 5 Replies
  • 5 Replies
  • Differences Of Opinion In Fiqh Laws

  • Dr. Irfan Shahzad

    Scholar March 21, 2021 at 8:49 am

    Human beings are subject to differences. it is inevitable.

    secondly, there are two types of laws: one is Shariah or divine law, and other is human law or Fiqh based on divine law. Old scholars understood some divine laws differently so their interpretations and results are different. and when they derived further laws from them, they caused more differences. This is only about Law. as far as faith and ethics the two main article of religion are concerned, there are not much differences.

    in the matter of law one has to follow the logic and arguments to decide whose opinion is correct or better.

  • Faisal Haroon

    Moderator March 21, 2021 at 9:36 am

    One has to understand that fiqh is about understanding the laws of God, deriving new laws based on such understandings, but mainly dealing with cases where exceptions take place.

    All schools of thought recognize the law of divorce as clearly stated in the Quran. The differences of opinion are in it’s application, more precisely in how to deal with cases where someone doesn’t follow the law. Such differences in dealing with exceptions are all but natural. Specifically in the case of divorce, the differences don’t even stem from the interpretation of the law, but on the basis of an administrative decision that was made by Umar RA.

    When people are told to follow whatever they think is right, they’re asked to do so on the basis of arguments provided by each side. In the end they have to follow what they find convincing. In that regard the following narration attributed to Prophet Muhammad SAW might be helpful:

    https://sunnah.com/mishkat:2774

    Sharia laws are the laws of God and they can’t be changed or restructured. As far as fiqh is concerned (application of the sharia laws), it will always vary in time and space.

    • Gumiho Ki

      Member September 1, 2021 at 9:15 pm

      Can you give an example of a sharia law and 2 or 3 variants of fiqh (application of that sharia law?)

    • Dr. Irfan Shahzad

      Scholar September 2, 2021 at 9:34 am

      In Quran (2: 185) God says, that the traveler and sick are allowed to keep fast in other days after Ramada. Only two categories: Traveler and Sick are mentioned. We figure out the cause and that is the extra labour or trouble they have to face in this condition, (this is what explicitly mentioned too in the very verse that God intend ease and not hardship for you in the religion). Now we apply on all cases where human being face extra labour or trouble in case they keep fast and advise them to keep them later when they feel at ease.

  • Saba Kayani

    Member March 21, 2021 at 10:35 am

    Makes sense. Thank you!!

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