The True Meaning of Fiqh al-Wāqiʿ
Al-ʿAllāmah Ṣāliḥ ibn Fawzān al-Fawzān
The meaning of that is the fiqh of the Religion by knowing the rulings of the Sharīʿah. This is what is required, and this is what is obligatory upon the Muslims to give attention to and know.
[Q]: ‘I need clarification, what is the intended meaning behind ‘Fiqh-al-Wāqiʿ’, (understanding the current state of affairs) because this term is often used. I wish to know what it means linguistically, not in the Sharīʿah sense.’
[A]: “The required an necessary fiqh (understanding) is the fiqh of the Book and the Sunnah, this is the required fiqh. As for the linguistic fiqh (understanding), then it is with regards to the permissible affairs, it is an affair that is required from the people. They must possess the fiqh of the language, meaning knowing the words and their derivatives and letters and so on. This is called fiqh al-Lughah (understanding the language), such as is found in the book, Fiqh al-Lughah of ath-Tha’lābee and other than it. These are from the complete affairs and from learning the language. As for the fiqh (understanding) that is normally used, it is found in the statement of Allāh the Exalted:
“So they may attain fiqh of the Religion.”
[Sūrah al-Tawbah, 9:122]
And there is the statement of the Prophet ﷺ, “Whosoever Allāh intends good for, He gives him fiqh of the Religion.” 2
And Allāh the Exalted said:
“So what is wrong with these people that they fail to understand any word.”
[Sūrah al-Nisāʾ, 4:78]
“However, the hypocrites do not understand.”
[Sūrah al-Munāfiqūn, 63:7]
The meaning of that is the fiqh of the Religion by knowing the rulings of the Sharīʿah. This is what is required, and this is what is obligatory upon the Muslims to give attention to and know. However, the meaning of fiqh al-Wāqiʿ according to these people is not fiqh of the language. The only thing they mean by it is being pre-occupied with political affairs and inciting towards politics,3 and wasting time and importance to it and having zeal for it.”4
Endnotes:
[1] al-Ajwibatul-Mufeedah ’anil-As‘ilatil-Manaahijil-Jadeedah (p. 4-6) The following in an answer to a question posed to Shaykh Ṣāliḥ Ibn Fawzān by Abū ʿAbdullāh Jamāl Ibn Fareehaan al-Ḥārithee, along with additions from the latter.
[2] Related by al-Bukhārī (no. 81) and Muslim (no. 1037)
[3] Translator’s Note: Imām Muḥammad Ibn Ṣāliḥ al-’Uthaymīn said, “So the ‘Fiqhul-al-Wāqiʿ ’ about which it is said that it is the actual ‘Fiqhul-al-Wāqiʿ ’, then what is it based upon? It depends upon the magazines, radio announcements and newspapers. And how abundant is the circulation of all of this in the newspapers, magazines and announcements. Therefore, the ways and means of acquiring information in these days cannot be depended upon. When the intelligent person reflects upon the events that have taken place over the last twenty years, it will become clear to him that all of the events that were supposed to take place did not actually occur. For this reason, we understand that pre-occupying the youth away from understanding the Religion of Allāh the Mighty and Majestic, and taking them to being occupied with understanding the current state of affairs and analyzing the magazines, newspapers and broadcasts and what resembles that…we consider that to be an error in manhaj (methodology).” Refer to the cassette al-Liqaa‘ Abū al-Ḥasan al-Misree ma’al-Shaykhayn Ibn Bāz wa Ibn al-ʿUthaymīn.
[4] It is clear that the required fiqh (understanding) is of various categories. [i] Fiqh, meaning the Book and the Sunnah and deriving rulings from it. [ii] Fiqh of the Arabic language, which is the language of the Book and the Sunnah; grammar, conjugation, composition, derivation and indication. [iii] The fiqh of being closely connected to the affairs of the forms of Revelation, in order to be able to apply the Sharīʿah rule correctly. As for what they call, ‘Fiqhul-al-Wāqiʿ ’, then what is meant by it is pre-occupying the people with political affairs and criticizing the rulers, and inciting fitan (trials, discord) and rebellion and overthrowing security. And it is labeled with this name in order to fool the people. And this is nothing new from the people of ‘Fiqh al-Wāqiʿ ’. Rather, their predecessor and leader, Sayyid Qutb has already used it in his book, Fee Dthilālul-Qurʾān(4/2006) in Sūrah Yūsuf in regards to His statement:
“Put me in charge of the storage of the land. Verily I am fully able to guard it.”
[Sūrah Yūsuf 12:55]
So he said after speaking about this āyah, “Indeed the Islamic fiqh arose in the Muslim society. And it has arisen from the movement in the society by dealing with the day to day Islamic, real life needs…verily the fiqhul-harakah (understanding of the movement) fundamentally opposes fiqhul-awraaq (understanding of papers)…verily the fiqhul-harakah is taken in usage of ‘al-al-Wāqiʿ ” of that which was revealed in the texts upon which the rulings are formed…”
So he said after speaking about this āyah, “Indeed the Islamic fiqh arose in the Muslim society. And it has arisen from the movement in the society by dealing with the day-to-day Islamic, real-life needs…verily the fiqhul-harakah (understanding of the movement) fundamentally opposes fiqhul-awraaq (understanding of papers)…verily the fiqhul-harakah is taken in usage of ‘al-al-Wāqiʿ ” of that which was revealed in the texts upon which the rulings are formed…”
Prepared by Jamāl Ibn Fareehaan al-Ḥārithee
Translated by Maaz Qureshi