There is often a traditional misconception about Islamic law being wholly divine and immutable. This usually arises from a non-distinction between the sources and methods of Islamic law. Distinguishing between syari’ah and fiqh is very significant for a proper understanding of the nature of Islamic law. Althought either of the terms syari’ah and fiqh is often referred to as Islamic law, they are not technically synonymous.
Literally, syari’ah mean “path to be followed” or “right path” while fiqh mean “understanding”. The former refers principally to the sources while the latter refers principally to the methods of Islamic law. In the strict legal sense syari’ah refers to the corpus of the revealed law as contained in the Quran and in the authentic traditions (Sunnah) of the Prophet Muhammad. It differs in this sense from fiqh because it (syari’ah) refers here to the primary sourches of the law, which is textually immutable. Fiqh on the other hand refers to methods of the law, that is, the understanding derived from, and the aplication of the syari’ah, which may change according to time and circumstances.
Literally, syari’ah mean “path to be followed” or “right path” while fiqh mean “understanding”. The former refers principally to the sources while the latter refers principally to the methods of Islamic law. In the strict legal sense syari’ah refers to the corpus of the revealed law as contained in the Quran and in the authentic traditions (Sunnah) of the Prophet Muhammad. It differs in this sense from fiqh because it (syari’ah) refers here to the primary sourches of the law, which is textually immutable. Fiqh on the other hand refers to methods of the law, that is, the understanding derived from, and the aplication of the syari’ah, which may change according to time and circumstances.
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