ABSTRACT
Fiqh is the body of literature based on Islamic legal experts’ understanding of the Shariah. Since the Shariah texts contain expressions that are subject to different interpretations, the jurists have come up with different opinions regarding a vast number of legal cases. The first implication of this is that fiqh only represents the collection of cases over which there was disagreement, not cases that are a subject of unanimity. The major principles of Shari'ah such as justice, freedom, righteousness, requirement to conduct prayer and give alms, etc., do not fall within the domain of fiqh. Considering that fiqh is an extension of the Shariah texts of the Quran and Sunnah, the principles of the Shariah that pertain to Islamic finance resurface as prevalent themes in fiqh literature. The jurists have extended its application in their fiqh discourse to cover various aspects of trade and commerce.
