Why Fiqh Classifications Matter in Shariah and Policy Making

❀ Importance of Classification of Rulings in Fiqh and Public Policy ❀
Written by: Dr. Mushtāq



✿ Human Attitude and the Problem of Underappreciation​


It is a common human tendency to undervalue what comes without effort, or what one does not truly understand. This is particularly evident in how some people dismiss the scholarly classification of Islamic legal rulings (ahkām) by the fuqahāʾ (jurists), considering it unnecessary or even arbitrary.


Such assumptions arise from a lack of scholarly insight and an ignorance of the intellectual rigor behind these classifications.


✿ Why Juristic Classification Matters​


The claim that the classification of rulings into levels (like farḍ, mustaḥabb, mubāḥ, makrūh, ḥarām) is man-made or redundant is superficial. In reality, this hierarchical framework is a necessary scholarly response to the complexities of individual and collective decision-making, particularly in policy formulation.


✿ Policy Science and Hierarchical Objectives​


Modern fields such as:


Welfare Economics
Public Choice Theory


…are built around the idea of weighing individual vs. collective preferences and making policy decisions accordingly.
However, these disciplines struggle to answer critical questions:


  • What should be the basis for determining objectives?
  • How should competing goals be prioritized?
  • On what grounds can one say this policy is more important than another?

Often, these answers are based not on objective truths, but on influential experts’ biases, under the guise of “public will,” leading to elite-driven narratives enforced via media and institutions.


✿ Fiqh: A Structured System of Legal and Moral Prioritization​


Islamic jurisprudence provides a refined, principled answer to these challenges.
The fuqahāʾ established, through careful derivation from Qur’an and Sunnah, a systematic method to classify human actions and obligations into categories:


  • Farḍ (obligatory)
  • Wājib (mandatory)
  • Mustaḥabb (recommended)
  • Mubāḥ (permissible)
  • Makrūh (discouraged)
  • Ḥarām (prohibited)

This classification directly answers:


  • What is important?
  • How important is it?
  • Based on what principles is this importance assessed?

✿ The Relevance of Fiqh in Modern Complex Societies​


Dismissing this intellectual heritage is both naïve and dangerous. The usūl al-fiqh (principles of jurisprudence) offer:


  • A coherent framework for legal and moral reasoning
  • A practical tool for handling real-world complexities

Many who proudly mock classical scholarship for being “too technical” fail to realize that simplicity only exists in theory—once ideas are implemented in real-life governance, complexity is inevitable.


✿ The Risk of Oversimplification​


Modern reformers often want to reduce all moral and legal issues to a few broad categories, but this overlooks the diversity of human contexts.
Without layered understanding, any ideological system becomes unfit for sustained societal use and eventually collapses.


✔ Conclusion​


The juridical classification of Islamic rulings is not just a religious or historical exercise—it is a foundational element for effective public policy and ethical governance even today.


➡ The intellectual legacy of the fuqahāʾ must be understood, preserved, and applied, not dismissed through shallow criticisms or emotional simplifications.
 
Back
Top