Published December 23, 2023
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The Birth of Islamic Law: From the Intervention of the Prophet to the Evolution of Fiqh
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Abstract. The development of Islamic law encompasses a continuum from the Prophet’s intervention to the evolution of fiqh. Fiqh serves as the expression of legal knowledge and accumulated information on legal matters within the Muslim community. This article places emphasis on the significance of fiqh, presenting insights into its utilization during the inception of Islam. Furthermore, it acknowledges that fiqh constitutes a distinct system compared to modern legal frameworks. Sharia is defined as a set of rules established by God for guiding humanity, and the article delves into the relationship between Sharia and fiqh, highlighting fiqh as the pursuit of comprehending and applying these Sharia rules. Additionally, the article elucidates a threefold hermeneutic process, encompassing understanding, interpreting, and the hermeneutic process, and discusses its role in the field of fiqh. Addressing the role of the Prophet (p.b.u.h) and legal interventions, the narrative explores the historical evolution of fiqh and the contributions made by Abū Ḥanīfah. Finally, the challenges encountered in the historical evolution of fiqh are examined, underscoring how traditions, while contributing positively, can also exert negative influences by becoming inflexible and stagnant over time, potentially diminishing the dynamism of fiqh.
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