Brothers and sisters, ya Muslims, WAKE UP!! Realize that all the opinions which are backed by the scholars are correct!

What? All of them?

Yes. all of them.

How does that work? In Islam, we have scholars ('ulama), and we have people who have the knowledge and tools and responsibility to give fatwa (mujtahidoon). For us, the ignorant lay-people, we don't have the tools or knowledge; we are sinful if we try and make fatwa out of ignorance (even if we're right--the way a random guy off the street is still liable to be hauled into jail for doing brain surgery, even if he succeeded).

Islamically, the scholars are the ones who determine what exactly Allah wants from us. They wade neck-deep into books and books of Qur'an, tafseer, ahadith, opinions of companions and tabieen, rulings of previous scholars, consensuses of the ummah, and so on. More importantly, they are the ones who determine which opinions are acceptable.

And it's a tough job. At the end of it, you're saying, "Allah wants this." That's a big statement to make! Don't take it lightly!

So what about the moonfighting issue? What have the scholars said?

According to the scholars, there are multiple correct opinions about when to start Ramadan. Not just one. More than one. And they all have legitimate proofs.

What are some of the opinions that have scholarly backing?

• Local moonsighting is correct.
• International moonsighting is correct.
• Calculating the dates is correct.
• ...

So what does this mean for you and me? What are we supposed to do, if every opinion has some legitimacy?

• Find people of knowledge and Taqwa, and follow them. Let them do the hard work of determining what's the best opinion each year, and follow it. Trust them. They have more knowledge, and they have taqwa of Allah; they won't try and follow their desires.
• Accept that (almost) every opinion has legitimate scholarly backing. This means that, if someone follows an opinion that's not yours (and who are you, anyway?):
• They're not kaafir
• They're not faasiq
• They're not sinners
• Their fast is not invalidated; it's legitimate.
• They're not doing anything haraam
• They should NOT break their fast and make it up
• Follow the majority. If 80% of the massajid in your area follow one opinion, and just two or three masjids follow a different opinion, don't be those two or three masjids.
• Relax! Chill out! Don't get so stressed! Take an opinion and run with it; don't cause stress to yourself, your family, your relatives, your friends. Chill!

And this difference-of-opinion thing? Islamically, with an issue, two people (who have the knowledge and tools and responsibility) make fatwa; the one who's wrong? He gets one rewards, subhanallah! Not sin! Reward! Why? Because he had the tools and knowledge, and he did his best; even if he's wrong, he gets reward! And the one who's right? He gets two rewards!

So RELAX! Enjoy Ramadan! It's a time of ibadah, a time to turn over a new leaf, a time to pick up new good habits and drop some old bad ones.

Muhammad Alshareef. Lecture. AlMaghrib. Rizq Management. University of Toronto, Toronto. June 2006.

Muhammad Alshareef. Lecture. AlMaghrib. Code of Scholars. University of Toronto, Toronto. August 2005.

Asalamu 'alaikum wa rahmatullahi wa barakatahu,

To continue, last post we discussed the details of the sunnah. We explained how the sunnah is comprised of the saying and actions of the Prophet sallalahu alayhi wasalam along with his tacit approvals and that which he left given the need. We also summarized how the sunnah came to explain the Qur'an by detailing rulings which were very general in the Qur'an, by limited what seemed absolute, by affirming what Allah said in the Qur'an, and by bringing rulings which are not directly found in the Qur'an.

This post, I want to quickly touch upon some aspects of the Prophets ijtihaad (reasoned decision) and how he trained his Companions radhiAllah anhum to do as well. We will be discussing this in further detail as we progress in this series, however it is a good time to introduce the concept so we can be ready for it when we talk about it later.

Umm Salamah reported that the Prophet sallalahu alayhi wasalam said:

"I am only a human being, and you bring you disputes to me. Perhaps some of you are more eloquent in their plea than others, and I judge in their favor according to what I hear from them. So, whatever I rule in anyone's favor which belongs to his brother, he should not take any of it, because I have only granted him a piece of Hell" [Sahih Sunan Abi Dawood]

These decisions were made, based on the Prophet's own reasoned decision. This personal reasoning represented great training for the Companions radhiAllah anhum in regards to the application of the Sharee'ah.

Ali ibn abi Talib radhiAllah anhu said:

"Allah's Messenger sent me to Yemen as a judge, so I asked, 'O Messenger of Allah! You are sending me and I am young, and I have no knowledge of giving judgment?' He replied, 'Allah will guide your heart and keep your tongue firm (attached to the truth). When two litigants sit before you, do not decide until you have heard what the other has to say the way you heard the first, for it is more suitable for the correct judgment to become clear to you.'" [Sahih Sunan Abi Dawood]

It is also important to note, that ijtihaad is the process of arriving at a reasoned decision to suit new circumstances.We see from the above examples the manner in which the Prophet sallalahu alayhi wasalam trained his Companions radhiAllah anhum in practicing ijtihaad.

This marks the completion of the first stage. A quick summary: Islamic law in the early periods was based upon two primary sources: Qur'an and Sunnah. The basis of the legislations found in the Qur'an and Sunnah is to bring about human reform, to wipe out the evils and make abundant the good. In order to achieve this goal of human reform, laws were enacted which consisted of four principles:

1. Removal of Difficulties - e.g. The Prophet always chose the easy path, given that the other path was not prohibited.
2. Removal of Religious Obligations - Allah mentions the prohibited things specifically and the permissions generally to make clear the ease. E.g. animals
3. Realization of Public Welfare - Laws were enacted to suit circumstances and as conditions changed so did the laws. E.g. the widows mourning period
4. Realization of Universal Justice - the laws enacted are not for a particular people but for all of mankind. E.g. The Prophet would have cut his own daughters hand off if she stole.

This period marked the beginning of the evolution of fiqh and was the period in which the science of deducing laws from the Qur'an and Sunnah were laid out for the Companions radhiAllah anhum. Next we will begin talking about the second stage, which revolved around the time of the Righteous Caliphs radhiAllah anhum (632 - 661 CE).

Asalamu 'alaikum wa rahmatullahi wa barakatahu,

Continuing in our talks about the science of fiqh, today we will look at the sources of Islamic Law.

As we know the sources of Islamic Law depend on two core sources: al-Qur'an and as-Sunnah. These two sources are the basis of which our religion is based upon. One without the under is not Islam, for verily they both go hand in hand. To understand the Qur'an as a source of Islamic Law is not difficult, thus we will not spend time on analyzing that aspect. However, understanding the Sunnah as a source of Islamic Law is one which requires a bit of analysis.

Truly, the status of the Sunnah is in high ranks within Islam. Unfortunately in our times, this important source of Islamic Law is not giving the importance it deserves. In the times which we live in, the Sunnah of our beloved Rasool sallalahu alayhi wasalam is pushed to the side. Many a people neglect to follow aspects of the sunnah, saying "O its only sunnah". O my beloved brothers and sisters in Islam! Know that the sunnah is a source of guidance and holds great authority in our religion. Without it, we are like those who are lost in the desert without a guide.

The term Sunnah refers to four aspects within the life of the Prophet sallalahu alayhi wasalam:

1. Actions - For example, how the Prophet sallalahu alayhi wasalam prayed.
2. Sayings/Commands - For example, the Prophet's saying: "Deeds are judged by intentions"
3. Tacit Approvals - For example, the Prophet refusing to eat a kind of desert lizard (personal choice) but allowed his companions to eat it.
4. That which he left given the need - For example, normally for every salat their is a call to prayer (adzaan). However, for the Eid salat there is no call to prayer. Even though the need may have been present the Prophet sallalahu alayhi wasalam did not command for the adzaan to be given for Eid salat. Therefore, it is sunnah to leave the adzaan for Eid salat.

The sunnah can be broken down into the above four broad categories and as Muslims, as believers in Allah azza wa jal, we must follow the Prophet sallalahu alayhi wasalam because Allah says:

وَمَا يَنطِقُ عَنِ الْهَوَى إِنْ هُوَ إِلَّا وَحْيٌ يُوحَى

He does not speak from his desires. Verily, it is inspiration which has been revealed. [Suyrah Najm V.3-4]

Allah also says, making very clear the status of the Prophet sallalahu alayhi wasalam:

يَا أَيُّهَا الَّذِينَ آمَنُواْ أَطِيعُواْ اللّهَ وَأَطِيعُواْ الرَّسُولَ وَأُوْلِي الأَمْرِ مِنكُمْ فَإِن تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللّهِ وَالرَّسُولِ إِن كُنتُمْ تُؤْمِنُونَ بِاللّهِ وَالْيَوْمِ الآخِرِ ذَلِكَ خَيْرٌ وَأَحْسَنُ تَأْوِيلاً

O you who believe! Obey Allah and obey the Messenger and those of you (Muslims) who are in authority. (And) if you differ in anything amongst yourselves, refer it to Allah and His Messenger if you believe in Allah and in the Last Day. That is better and more suitable for final determination [Surah Nisa V.59]

Allah makes clear that the believer is one who obeys Allah and obeys the Prophet sallalahu alayhi wasalam. And truly, who would be able to practice Islam without the guidance of the Prophet sallalahu alayhi wasalam?

The sunnah is intended to explain the Qur'an. This can be broken down further into four categories:

1. Sunnah details the summarized - For example, Allah tells us throughout the Qur'an to establish the prayers. We know the value of prayer within our life, we know it to be the second pilliar of Islam. However, if the believers were not required to follow the Prophet sallalahu alayhi wasalam then how would we know how to establish the prayer?
2. Sunnah limits the absolute - We know that the Islamic punishment, under an Islamic system and state, for thievery to have his/her hands cut off. However, the arabic word 'hand' could literally mean from shoulders down, or from the elbows down, or even from the wrist down. However, the sunnah makes clear that the understanding is from the wrists down.
3. Sunnah affirms the Qur'an - For example, drinking alcohol is prohibited in the religion of Islam as per the words of Allah subhanahu wa ta'ala found in the Qur'an. This fact is also affirmed by many ahadeeth of the Prophet sallalahu alayhi waslam.
4. Sunnah brings rulings not found in the Qur'an - For example, Allah says in the Qur'an that He has made lawful for the believers all good and pure things and forbade for them the bad and evil things. Therefore, whatever is generally good and pure, Allah has made lawful for us. However, an exclusion to this is eating the flesh of domesticated donkeys because it is impure as is mentioned in statements of the Prophet sallalahu alayhi wasalam (Sahih Bukhari). Thus, the sunnah brought a ruling not directly stated in the Qur'an

3) The Realization of Public Welfare

It is essential to talk about something known as naskh (abrogation) in the Qur'an. Relating to certain issues, verses have been abrogated by Allah to manifest the human welfare conditions in Islamic legislation. Allah azza wa jal may have prescribed certain laws which were suitable to a people at a time of its enactment. However, its suitibility may later dissapear and thus require abrogation.

For example, in regards to the issue of mourning periods:

Initially, the mourning period for a widow was one year and the husband had to include in his will provisions for maintenence and housing for the year. She was unable to leave the house and was unable to get re-married during that year. However, later the waiting period was reduced to four months and ten days and the bequest was cancelled.

Why did it change?

It was the custom of the Arabs at the time to confine widows and prevent them from getting re-married for indefinite periods of time (unfortunately this practice still occurs in parts of the world). And during this time they were obliged to wear the worst of clothes. If the waiting period had been reduced to four months and ten days and the permission to leave the house was granted from the get go the Arabs would have found it difficult and and hesitated accepting it. But in the perfect wisdom of Allah, He revealed laws knowing the conditions of the people and thus making it easier for them to adapt to the Islamic system of life. Thus, we see that naskh contained in it great consideration for human conditions and their welfare.

Even though abrogation ended with the death of our beloved sallalahu alayhi wasalam, legislative consideration of human welfare still existed afterwards because Islamic laws were enacted for reasons which were often mentioned to the Companions radhiAllah anhum.

For example, Allah says:

يَا أَيُّهَا الَّذِينَ آمَنُواْ كُتِبَ عَلَيْكُمُ الصِّيَامُ كَمَا كُتِبَ عَلَى الَّذِينَ مِن قَبْلِكُمْ لَعَلَّكُمْ تَتَّقُونَ

O you who believe! Observing As-Saum (the fasting) is prescribed for you as it was prescribed for those before you, that you may become Al-Muttaqun [Surah Baqarah V. 18]

The concept of abrogation is also evident in the sunnah of the Prophet sallalahu alayhi wasalam, for example with the prohibition of visiting grave yards. The Prophet sallalahu alayhi wasalam said:

"I had forbidden you from visiting graveyards, however, permission has been given to me to visit the grave of my mother. So, visit them, for they do remind one of the next life" [Sahih Muslim]

4) The Realization of Universal Justice

The laws Allah revealed to mankind are general and they are for all of mankind; no distinction between one group or another. Justice is for everyone and it is the job of a true Muslim to provide justice to all people, no matter who they are or what group they belong to.

Of the most beautiful examples of true Islamic justice is found in the seerah of Rasool Allah sallalalahu alayhi wasalam. A women from a very powerful tribe had stolen jewelry and she confessed when the news was brought to the Prophet sallalahu alayhi wasalam. Her tribesmen wasnted to save her from the punishment and from the shame of having the Islamic punishment applied for stealing, so they asked Usaamah ibn Zayd radhiAllah anhu to intercede on her behalf. Usaamah approached the Prophet sallalahu alayhi wasalam to intercede, however upon hearing the words of Usaamah he got very angry and said:

"Do you dare to intercede in one of Allah's fixed punishements?" Rasool Allah sallalahu alayhi wasalam then gathered the people together and delivered a sermon in which he said: "The people before you were destroyed because they let the nobles fo when they stone, but applied Allah's punishments on the weak. By Allah! if my own daughter Faatimah stole I would cut off her hand" [Sahih Muslim]

SubhanAllah. Look at the justice of our beloved sallalahu alayhi wasalam. We know that he spoke the truth and was not amongst the liars (far away is he from the claims the ignorant make against him) and for him to take that oath is a sign of true Islamic justice, no matter who it is.

Fundamental Fiqh Principles

From the above conditions, scholars have deduced two fundamental fiqh principles:

"If the benefit for which the law was enacted is continuous, then the law is continuous; but if it changed due to a chance in circumstances, the law must also change"

"Precedence is given to the general welfare over the individual welfare, and to the prevention of greater harm over a small one"

However, it is not the place of a layman to decipher if the benefit is still present or if circumstances have changed. This is the place of a scholar and we consult them and take advice from them because surely they are the inheritors of the prophets, we are not.

To conclude this section, Allah revealed verses of the Qur'an taking into consideration four basic principles: to removal of unneccessary difficulties, to reduce the number religious obligations, the realization of public welfare, and the realization of universal justice.

Its important to make clear here that the Prophet sallalalahu alayhi wasalam did not speak from his own desires; meaning, that which he answered was a type of revelation and not just from his whims and desires. This is proven in the statement of Allah:

وَمَا يَنطِقُ عَنِ الْهَوَى إِنْ هُوَ إِلَّا وَحْيٌ يُوحَى

Nor does he speak of (his own) desire. It is only an Inspiration that is inspired [ Surah Najm V.3,4]

The Basis of Legislation

The Qur'an was revealed to reform the human conditions of the Arabian Peninusla and ultimately the entire world. Thus, when Islam came it rejected all the evil which was present in the society and accepted all the good. Hence, we see that when Islam came it removed everything which was harmful to society as a whole; for example: fornication, riba (interest), alcohol, etc.

Allah says:

يَأْمُرُهُم بِالْمَعْرُوفِ وَيَنْهَاهُمْ عَنِ الْمُنكَرِ وَيُحِلُّ لَهُمُ الطَّيِّبَاتِ وَيُحَرِّمُ عَلَيْهِمُ الْخَبَآئِثَ

Who enjoins upon them what is right and forbids them what is wrong and makes lawful for them the good things and prohibits for them the evil [Surah A'raaf V.157]

And so the legislation found in the Qur'an and Sunnah are just enjoining that which is good  and forbidding what is wrong  for entire societies and individuals. This was the reformation that Allah and His Messenger sallalahu alayhi wasalam were calling for and to do this laws had to be enacted.

The basis of Qur'anic revelations lies in four basic principles:

1) The Removal of Difficulty

The system of Islam was revealed for the benefit of man and society. Thus, Allah revealed this system to  remove many of the unneccessary difficulties that plagued the societies then and now.

Allah says:

يُرِيدُ اللّهُ بِكُمُ الْيُسْرَ وَلاَ يُرِيدُ بِكُمُ الْعُسْرَ

Allah intends for you ease and does not intend for you hardship [Surah Baqarah V.185]

وَمَا جَعَلَ عَلَيْكُمْ فِي الدِّينِ مِنْ حَرَجٍ

He has not placed upon you in the religion any difficulty [Surah Hajj V. 78]

2) The Removal of Religious Obligations

Following up from the first point; if Allah wants to make things easy for us, a natural consequence is then a limited amount of religious obligations. Its funny, many us have this notion that there is so much that Allah has forbidden and very little that He has allowed. This is a very false notion once you look into it a bit deeper.  In the Qur'an when Allah prohibits, He prohibits specifically, naming and listing the cases because of how few they are in number. However, in the case of permissions, He gives permission generally because of huge amount of thins which have been made permissible for us.

For example, Allah says:

حُرِّمَتْ عَلَيْكُمُ الْمَيْتَةُ وَالْدَّمُ وَلَحْمُ الْخِنْزِيرِ وَمَا أُهِلَّ لِغَيْرِ اللّهِ بِهِ وَالْمُنْخَنِقَةُ وَالْمَوْقُوذَةُ وَالْمُتَرَدِّيَةُ وَالنَّطِيحَةُ

Prohibited to you are dead animals, blood, the flesh of swine, and that which has been dedicated to other than Allah , and [those animals] killed by strangling or by a violent blow or by a head-long fall or by the goring of horns... [Surah Maa'idah V.3]

The prohibitions are listed. However, in the case of permissions, Allah says:

الْيَوْمَ أُحِلَّ لَكُمُ الطَّيِّبَاتُ وَطَعَامُ الَّذِينَ أُوتُواْ الْكِتَابَ حِلٌّ لَّكُمْ وَطَعَامُكُمْ حِلُّ لَّهُمْ

This day [all] good foods have been made lawful, and the food of those who were given the Scripture is lawful for you and your food is lawful for them... [Surah Maa'idah V.5]

As we mentioned already, laws are general in nature and thus do not contain maany details and specifications. This is to place ease for the people and to remove the difficulty. This principle is shown in the following statement of Allah azza wa jal:

يَا أَيُّهَا الَّذِينَ آمَنُواْ لاَ تَسْأَلُواْ عَنْ أَشْيَاء إِن تُبْدَ لَكُمْ تَسُؤْكُمْ وَإِن تَسْأَلُواْ عَنْهَا حِينَ يُنَزَّلُ الْقُرْآنُ تُبْدَ لَكُمْ عَفَا اللّهُ عَنْهَا وَاللّهُ غَفُورٌ حَلِيمٌ

O you who believe! Ask not about things which, if made plain to you, may cause you trouble. But if you ask about them while the Quran is being revealed, they will be made plain to you. Allah has forgiven that, and Allah is Oft­Forgiving, Most Forbearing [Surah Maa'idah V. 104]

We see that Allah has made certain things plain and general for ease. However, we have people who like to go deeper into the generalities and make things difficult upon themselves. One of these incidents is found in the seerah of the Prophet sallalahu alayhi wasalam when a few companions kept questioning him about whether Hajj was cumpulsory every year. He, sallalahu alayhi wasalam, said:

"If I said yes, it would have have become compulsory. Leave me alone concerning things which I have left upto you, for certainly those before you were destroed because of their many unncessary questions and their arguments and disagreements with their prophets." [Sahih Muslim]

And so we come to know from the above that Allah legislated laws to remove unneccessary difficulties from society and this also meant difficulties in relation to religious duties.

The 3rd and 4th principle will be discussed in part 5.

The Method of Legislation

The Qur'an was revealed to the Prophet sallalahu alayhi wasalam over a period of 23 years. Now, one may think to him/herself: Why wasn't it just sent completely once? There are many benefits to why Allah azza wa jal chose to reveal the Qur'an in a gradual manner, which is a topic for another article, however some of the benefits relating to the evolution of fiqh are:

1. To achieve gradation in the enactment of laws - If all the laws were brought down at once to the Prophet sallalahu alayhi wasalam and the Companions radhiAllah anhum it would have been difficult
2. To make it easily acceptable - If the laws were revealed all at once, the Arab customs would come into a directl clash with that of Islam. Thus, to make it easier upon the people it was revealed over 23 years.
3. To make it easier to learn and understand - They were witness to the revelation of the Qur'an and thus understood the reasons and context under which it was revealed, making it easier to implement properly

Thus, keeping these benefits in tact we see that sections of the Qur'an were generally revealed to solve problems which confronted the Prophet sallalahu alayhi wasalam and the Companions radhiAllah anhum.

There are a number of examples which can be found throughout the Qur'an:

يَسْأَلُونَكَ عَنِ الشَّهْرِ الْحَرَامِ قِتَالٍ فِيهِ قُلْ قِتَالٌ فِيهِ كَبِيرٌ وَصَدٌّ عَن سَبِيلِ اللّهِ وَكُفْرٌ بِهِ وَالْمَسْجِدِ الْحَرَامِ وَإِخْرَاجُ أَهْلِهِ مِنْهُ أَكْبَرُ عِندَ اللّهِ

They ask you about the sacred month - about fighting therein. Say, "Fighting therein is great [sin], but averting [people] from the way of Allah and disbelief in Him and [preventing access to] al-Masjid al-îaram and the expulsion of its people therefrom are greater [evil] in the sight of Allah [Surah Baqarah V.217]

يَسْأَلُونَكَ عَنِ الْخَمْرِ وَالْمَيْسِرِ قُلْ فِيهِمَا إِثْمٌ كَبِيرٌ وَمَنَافِعُ لِلنَّاسِ وَإِثْمُهُمَا أَكْبَرُ مِن نَّفْعِهِمَا وَيَسْأَلُونَكَ مَاذَا يُنفِقُونَ قُلِ الْعَفْوَ كَذَلِكَ يُبيِّنُ اللّهُ لَكُمُ الآيَاتِ لَعَلَّكُمْ تَتَفَكَّرُونَ

They ask you about wine and gambling. Say, "In them is great sin and [yet, some] benefit for people. But their sin is greater than their benefit." And they ask you what they should spend. Say, "The excess [beyond needs]." Thus Allah makes clear to you the verses [of revelation] that you might give thought. [Surah Baqarah V.219]

The same is also true regarding the Sunnah. The Companions radhiAllah anhum would go to the Prophet sallalahu alayhi wasalam with questions and he would answer them.

It is imperative to realize that fiqh has gone through many developments/stages, which traditionally fall into six categories:

1. Foundational Stage - This period is characterized by the Prophethood of Muhammad sallalahu alayhi wasalam which lasted for 23 years (610 - 632 CE)
2. Establishment Stage - This period is characterized by the Righteous Caliphs radhiAllah anhum which lasted for 29 years from the death of the Prophet sallalahu alayhi wasalam (632 CE) to the midle of the 7th century (661 CE)
3. Building Stage - This period is characterized by the founding of the Umayyad dynasty until its decline to the middle of the 8th century
4. Flowering Stage - This period is characterized by the rise of the 'Abbaasid dynasty in the middle of the 8th century to the beginning of its decline around the middle of the 10th century
5. Consolidation Stage - This period is characterized by the decline of the 'Abbaasid dynasty to the murder of the last 'Abbaasid Caliph in the middle of the 13th century
6. Stagnation and Decline Stage - This period is characterized by the sacking of Baghdad in 1258 CE to our present times

This gives us a brief overview of the developments of fiqh. Inshallah we will go through each of these in some detail as we progress.

When we begin to talk about a field of study in the religion of Islam it is very imperative we begin by defining the terms; making clear the terminology which is used throughout that field of study. With that said, I want to focus on Fiqh.

Linguistically, fiqh is defined as the true understanding of what is intended. For example: The true understanding of Anatomy, the true understanding of Plants, or the true understanding of Religion. All of these exemplify the linguistic understanding of fiqh. When applied to Islam, fiqh means the science of deducing Islamic Laws from evidences found in the sources of Islamic Law.

Another term which we must define is sharee'ah. This term, linguistically, means a waterhole or the straight/ordained/clear way. When applied to Islam, sharee'ah means the the totality of Islamic Laws which:

1. Were revealed to the Prophet sallalahu alayhi wasalam
2. Are recorded in the Qur'an
3. Can be deduced from the Prophet's sunnah

From these two definitions of fiqh and sharee'ah, the following may be deduced:

1. Sharee'ah is revealed laws found in the Qur'an and Sunnah while fiqh is a body of laws deduced from the Qur'an and Sunnah to cover situations not directly treated in the sharee'ah.
   
2. Sharee'ah is fixed; it doesn't change over time. Fiqh changes as circumstances change.
3. Sharee'ah is mostly general; laying down the basic principles. Fiqh tends to be specific; how the basic principles of sharee'ah should be applied in different situations.

Source

Philips, Bilal. The Evolution of Fiqh: Islamic Laws & The Madhabs (3rd edition).

The answer is simple. According to the majority of scholars, fard and wajib mean the EXACT same thing. There is no difference. They are interchangable. (Recall that fard means: an action that, if performed, entails reward, and if neglected, entails punishment.)

However--there is one exception. The Hanafi madhab differentiates between the two. They say that denying a fard makes you kafir, while denying a wajib does not. Note that here, we're talking about denying an action, not neglecting it--so if someone says, "no, I don't have to pray, prayer is not obligatory," that's denying a fard, while someone else who says "yes, prayer is obligatory but I don't feel like praying," is sinning (major sin).

In the end, it's like saying "forest" or "trees"--some say fard, and some say wajib, but they're the same thing.

And Allah, Al-Aleem, knows best. We ask Allah to increase us in knowledge that will benefit us and protect us from knowledge that has no benefit, ameen ya rabbi!

Muhammad Alshareef. Lecture. AlMaghrib. Breach of Covenant. University of Toronto, Toronto. May 2005.

Here, we discuss two classifications of faraaid--Sofa Fard, and Bucket-Seat Fard.

Sofa Fard (also known as Fard Muwassa') is a fard which you have a choice of when you can do it. It's like a sofa--you can sit on the left, on the right, in the middle, anywhere you want!

Praying Dhur is a sofa fard--you can pray at the start time, half an hour before the end time, at some point in the middle, etc. anytime before 'Asr. (Another definition of sofa fard is: an action you have time to do, and have time to do another similar action.)

Some examples of sofa fards include:

• Praying any of the 5x daily prayers
• Giving Zakaat-ul-Badl to poor people in Ramadan before 'Eid
• Performing Hajj

Bucket-Seat Fard (also known as Fard Mudayyaq) is an action where you don't have a choice of when you can do it. It's like a bucket--if you need to sit in the bucket (camping, anyone?) then you have to sit in the bucket. You can't choose where--you only fit in one spot.

The fasts of Ramadan are bucket-seat fards--you have to do them IN Ramadan, you can't do them before or after (unless you missed them legitimately).

Some examples of bucket-seat fards include:

• Fasting in Ramadan
• Paying zakaah one year after you cross the nisaab
• Visiting Arafah in Hajj on the 8th of Dhul Hijjah

What other examples of sofa and bucket-seat fards can you think of?

Muhammad Alshareef. Lecture. AlMaghrib. Code of Scholars. University of Toronto, Toronto. August 2005.

Abu Ameenah Bilal Phillips. Usool Al Fiqh: the Methodology of Islamic Law Made Easy. Ltd ed. United Arab Emirates: Preston University, 2003. 16.