ABSTRACT

Spring/Summer 2002} Islamic Law: Its Origin and Elements 31

9 W. D. MUHAMMAD, IMAM W. DEEN MUHAMMAD SPEAKS FROM HARLEM, N.Y. 33 (1985). to al FARUQ!, supra note 4, at 265.

and the methodology used to deduce and ap p ly the law (Islamic jurisprudence ca lied fiqh in Arabic). The Arabic phrase for Islamic law is qanun ul Islamia, which has been described as a calque because it is thought not to be a part of original Islamic vocabulary, but rather was devised in reaction to Western influence. Now, however, qanun u! Islamia is a part of the vocabulary in every Muslim country. 11

Some writers use the terms Islamic /aw_ Shari'ah and/ or fiqh interchangeably.12 This easily could result in confusion for readers seeking to sort out the significance of each concept. In this article, the term Islamic law is used in conformity with modern usage and refers to the entire system of law and jurisprudence. The distinction between Shari'ah and fiqh, however, is an important one and the two terms will not be interchanged. Elaboration on the meaning of each follows in the next two subsections.