Editing Fiqh (section)

=== Methodologies of jurisprudence ===
{{main|Principles of Islamic jurisprudence}}

The [[modus operandi]] of the Muslim jurist is known as ''[[usul al-fiqh]]'' ("principles of jurisprudence").

There are different approaches to the methodology used in jurisprudence to derive Islamic rulings from the primary sources of ''[[sharia]]'' (Islamic law). The main methodologies are those of the [[Sunni]], [[Shi'a]] and [[Ibadi]] denominations. While both Sunni and [[Shi'ite]] (Shia) are divided into smaller sub-schools, the differences among the Shi'ite schools is considerably greater. Ibadites only follow a single school without divisions.

While using court decisions as legal precedents and [[case law]] are central to Western law, the importance of the institution of fatawa (non-binding answers by Islamic legal scholars to legal questions) has been called "central to the development" of Islamic jurisprudence.<ref name=MAEGIFLEP2006:32>[[#MAEGIFLEP2006|El-Gamal, ''Islamic Finance'', 2006]]: p. 32</ref> This is in part because of a "vacuum" in the other source of Islamic law, ''qada`'' (legal rulings by state appointed Islamic judges) after the fall of the last [[caliphate]] the Ottoman Empire.<ref name=MAEGIFLEP2006:30-1/> While the practice in Islam dates back to the time of Muhammad, according to at least one source (Muhammad El-Gamal), it is "modeled after the [[Roman Empire|Roman]] system of ''[[responsa]]''," and gives the questioner "decisive primary-mover advantage in choosing the question and its wording."<ref name=MAEGIFLEP2006:30-1/>

Each school (''[[madhhab]]'') reflects a unique ''[[urf]]'' or culture (a cultural practice that was influenced by traditions), that the classical jurists themselves lived in, when rulings were made. Some suggest that the discipline of ''[[isnad]]'', which developed to validate ''hadith'' made it relatively easy to record and validate also the rulings of jurists. This, in turn, made them far easier to imitate (''[[taqlid]]'') than to challenge in new contexts. The argument is, the schools have been more or less frozen for centuries, and reflect a culture that simply no longer exists. Traditional scholars hold that religion is there to regulate human behavior and nurture people's moral side and since human nature has not fundamentally changed since the beginning of Islam a call to modernize the religion is essentially one to relax all laws and institutions.

Early ''[[shariah]]'' had a much more flexible character, and some modern Muslim scholars believe that it should be renewed, and that the classical jurists should lose special status. This would require formulating a new fiqh suitable for the modern world, e.g. as proposed by advocates of the [[Islamization of knowledge]], which would deal with the modern context. This modernization is opposed by most conservative ''[[ulema]]''. Traditional scholars hold that the laws are contextual and consider circumstance such as time, place and culture, the principles they are based upon are universal such as justice, equality and respect. Many Muslim scholars argue that even though technology may have advanced, the fundamentals of human life have not.