What is the difference between Sharia and fiqh (from a Muslim who studies it)?

People often confuse Sharia and Fiqh. For example, most believe that the Fiqh of women not being allowed in mosques or having to pray in a separate room is Sharia (the divine rule that Allah has set). This blurred line between Fiqh and Sharia/Shari’ah has caused people to leave and make fun of how “barbaric” Islam is believing that Fiqh is the command of Allah. It has caused conflicts between Muslims that has resulted in bloody deaths because one person prays differently from the other. It has caused many Muslim thinkers to be accused of heresy and of being disbelievers because they don’t follow that specific school of thought. The blurred line between Fiqh and Shar’iah has also created a resistance of re-evaulting the application of Islamic law. But, what actually, is Fiqh?

Background

When Muhammad (p.b.u.h) died in 632 AH (after hijrah), his sahabah (companions who are those that lived and learned from the prophet) were emotionally devastated and confused about what to do next. They did not know who would lead them or explain what God expected from them. As the centuries passed and the Muslim empires spread at high speed throughout the known world, the role of who will decide how to guide the believers in belief and practice was given to the Ulama (scholars) in the Sunni tradition and the family of the prophet in the Shia tradition.

Before the split, one of the earliest Fahqi (jurist) was Hasan Al-Basri (d.106 AH) who was raised in the household of the prophet’s widows, since his mother was a maid. He lived in Medina and learned through those closest to the prophet (Ali bin Abi Thalib and Anas bin Malik). He was who Muslims turned to because of his piety and knowledge for explanations about what Muslims should do for new issues that Muhammad could no longer help them with, like living with the newly diverse community of Nestorian Christians, Jews, and Persian Zoroastrians. He looked for his answers in the Quran and what he remembered being told about the prophet’s principles & ruling. Like when a man asked him if he should act on the fact he swore he will cut off the slave’s hand that ran away (Source: Misquoting Muhammad: The Challenge and Choices of Interpreting the Prophet’s Legacy by Jonathan A. C. Brown). Hasan al-basir remembered that the prophet’s companion told him that Muhammad encouraged charity, forbid mutilating prisoners, and has made a clear statement that the mutilation of a slave will result in his companions inflicting the same thing on the master.

As the Muslim community got even larger and times changed, newer questions continued to arise:

• Do you need to make an intention before washing up (making wudu) to pray?
• What does that say about the validity of your prayer (would God really reject it for something so small)?
• Are certain hadiths trustworthy or fabricated? Who and how does one decide?
• Can women be political leaders or teachers? Can women recite the Qur’an out loud in front of men?
• How do Muslims living as minorities practice their faith? Can they be engaged in politics or vote?
• Should there be a Muslim constitution like the United States?

The role of answering these questions was given to people like Hasan Al-Basri, called Faqhi (jurists), who used the shariah (using the Qur’an and sunnah of the prophet as their base) to give their educated options which is called Fiqh.

Definition

Fiqh is a huge collection of juridical opinions that were given by various jurist from multiple schools of thought, in regards to the application of Shar’iah to their real-life situations after the death of the prophet (p.b.u.h). Fiqh is the human understanding of the sharia and implemented by the rulings (fatwa) of jurists. What this essentially means is that, whereas sharia is considered immutable and infallible, Fiqh is considered fallible and changeable. Which is why we have so many different opinions and it is acceptable.

In summary, the significant difference between Fiqh and Shariah are:

• Shariah is broad and general. Fiqh focuses on narrow and specific issues.
• Shariah cannot be changed. But Fiqh can change based on new information
• Shariah comes from the Quran and Sunnah. Fiqh comes from the Shariah.