Abstract:

The imperative relationship between law and morality has always been emphasized by those who value the essence of law than its technique. Law is at the very least morality and in effect an ethical situation in which public authority is linked with material sanctions. A similar case can be produced vis-à-vis fiqh. Moreover, compared with other legal systems, fiqh has very much internalised morality by establishing a system based on morality since it leans on divine authority, includes otherworldly sanctions as well as worldly ones and encompasses all aspects of life both physical and metaphysical. Thus it can be said that morality and fiqh are two value fields enabling humanity to restore its true identity and completing each other. Needless to say, the necessary relationship between fiqh and morality similarly encompasses or ought to encompass the subject that produces fiqh. This essay will shortly deal with the religious and methodological aspects of this issue under two headings. By religious aspect, we mean one’s faithfulness with one’s covenant with Allah Almighty, servitude, otherworldly worries, and one’s relationship with other human beings throughout the process of faqih’s fiqh activity. As to methodological aspect, we mean the ethical principles that one needs to observe as faqih while continuing to do fiqh activity within a scientific framework.

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