Vaccination For Children Should Be Made Mandatory

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FIQH (JURISPRUDENCE)

Words denote two types of meanings. First type is the literal meaning given in the

dictionary. In Arabic, this meaning is expressed by the word “lugatan.” The second type

is the technical meaning i.e. a meaning coined by experts of a field. This in Arabic is

expressed by the word “Istilahan.” (Fatawa Shami, p. 37, vol.1)

Literally (lugatan), the Arabic word “fiqh” means to have profoundi knowledge of

something. Knowledge about affairs and proceedings can be shallow that scratches the surface

information only. On the other hand profound knowledge explores the deep information.

The word fiqh in the Quran and Hadith:

“Why should not a company from every group of them go forth to gain
profound understanding (tafaqquh) in religion and to warn their people
when they return to them, so that they may beware.” (9:122)

Qatadah in commentary of this verse said, “It is about when the messenger of Allah sent

an army; Allah commanded them to go into battle, while another group remained with the

Messenger of Allah to gain instructions of the religion. The second group returns to its

own people to call them (to Allah) and warn them against Allah’s punishment inflicted

upon those who were before them.” (Tafsir Ibn Kathir (English), p. 545, vol. 4,)

The word “fiqh” in hadith:

The Holy Prophet has told us: “whoever from my nation learns forty
ahadith; Allah will raise him as a faqih (an Alim--A man of ‘ilm or
knowledge).”
In technical sense (Istilahan) the word “Fiqh” is defined as “The profound

deduction of the Shari’ah values relating to conduct from their respective particular

evidences.”

Al-ilmu bil-Ahkamil-shar’iyah al-far’iyah Al-muktasabi min adillatiha al-


Tafsiliyah (Raddul Muhtar, p. 38, vol. 1).

By the use of the term “Shariyah values” it is intended to leave values of Creed and Faith

(i’tiqadi). Sometimes hukm is divided from another aspect. Hukm Far’i (Values relating to

human action) and hukm Asli (Values relating to theories and principles). (Raddul Muhtar, p. 39

vol. 1) The word “Conduct” excludes points relating to Principles (asliyah) e.g. Ijma’

(consensus) and Qiyas (logical Reasoning). “Particular Evidences” points out toward the

four major evidences of Shariyah i.e. The Quran, The Sunnah, The Ijma’ and The Qiyas.

The first part of the stated definition “Shariyah values relating to conduct”

instructs that fiqh only discusses the Shariyah Values relating to Acts and deeds leaving

out Values of Belief. The second part “Respective Particular evidences” acknowledges

that every Shariyah value will have its evidence from the four major sources. (Subhun-

Nur, p. 9, vol.1)
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