# What is fiqh, and is it the same as Shari'ah?

*Why Maliki fiqh? First, what fiqh is and how it relates to Shari'ah*

- URL: https://muftiabulayth.org/r/uixtl3pqp-q/s/1/
- Date: 2019-03-22 · Kind: question · Transcript tier: machine · Recording: Why did I Choose Maliki Fiqh? -Mufti Abu Layth (0:00–2:35)
- Status: general teaching
- Watch from the start of the segment: https://www.youtube.com/watch?v=UiXtl3PQP-Q&t=0s
- Recording page: https://muftiabulayth.org/r/uixtl3pqp-q/

**Topics:** Legal theory and method; Schools of law and following them

**Question as asked:** Why did you choose Maliki fiqh?

**Summary (not a quotation; machine-made, unchecked):** Fiqh is our understanding of what is expected of us towards God and towards people. It overlaps with Shari'ah, which people usually keep for the legal side, and it has different ways of deriving rulings.

**Checked position (checked by two independent reviews, not by the channel):** Mufti Abu Layth says fiqh is our understanding of what is expected of us towards God and towards people, partly synonymous with Shari'ah, a word people tend to reserve for the legal side.

**Evidence, his words at 1:11:** “it's our understanding of what is kind of expected from us okay towards God or towards people” (https://www.youtube.com/watch?v=UiXtl3PQP-Q&t=71s)

## Longer summary

Mufti Abu Layth takes the question of why he chose Maliki fiqh and begins, for viewers who are less expert, with what fiqh is. He jokes about how the word is pronounced, noting that some Arabs today say it differently, while traditionally it is fiqh with a kasra. He defines fiqh as our understanding of what is expected of us towards God and towards people. He says it is partly synonymous with Shari'ah, which people tend to reserve for the legal side, whereas the other term is broader and includes worship and non-legal matters, describing the relationship between the two as one of general and particular [?]. He adds that within fiqh there are different ways of interpreting and extracting Islamic law, which leads into the schools.

## Sources and names cited

- fiqh
- Shari'ah
- Maliki school

## Transcript (machine tier, 0:00–2:35)

[0:00] right so why did you choose Maliki [ __ ] why did I choose Maliki [ __ ] Maliki [ __ ] people let's start off with this while people are tuning in Maliki fit okay so first of all for for our less expertise sorry for our less expert viewers fifth simple fact not in case you're thinking war on earth is move this up table

[0:32] Autobot what the fake is fit some of the Arabs read it as [ __ ] but the Hutt's I disagree with their pronunciation they actually do say that you're gonna hear some of the folk AHA like some of the scholars they like really big beards and everything and in between there let's go you know the [ __ ] the football you'll be like oh ma che no no need for that language mate I only asked an Islamic question no need for that

[1:11] but they actually pronounce it [ __ ] some of the the Arabs today today as in in this day and age so not but in traditional thick it's called thick with a kisara okay not with a dama dama sorry so the [ __ ] right what is fit so v is basically our understanding of Islam sorry let me rephrase that it's our understanding of what is kind of

[1:47] expected from us okay towards God or towards people so that is called [ __ ] some it is partially synonymous with Sharia so Sharia people tend to reserved only for the legal aspects and that is more generic so it includes the legal as and non-legal like worship and other things as well so firk is you know this is a MooMoo

[2:22] sauce that's the relationship that's going on between sherry alpha so thick and then within fact you have different ways of looking at things that interpreting extracting Islamic law how do we understand rulings and everybody you know they've got their own take on it and then people kind of disappeared and these four major schools of law remained I say four because I'm being kind to the humble ease did let's make that the humble ease the the little finger there you go the humbly right there that's that's

## Cite

Mufti Abu Layth Archive, segment UiXtl3PQP-Q/s/1. https://muftiabulayth.org/r/uixtl3pqp-q/s/1/

Not a fatwa: these answers were given to specific people at specific times. Ask a qualified scholar about your own situation.
