Fiqh is among the words that have seen many changes in meaning in history. At least three or four transformations have taken place in the meaning of Fiqh.
Terms create culture and define the society’s agenda. A profound remark has been quoted from Confucius, saying he starts reform in his country with the reform of words because as long as words are not reformed, no other reform will be effective.
This is a problem that we have faced in the history of our country when concepts have changed and the society’s agendas then change.
The first meaning cited for the word Fiqh is one from word to term, that is, they have defined it as understanding and knowledge but it has turned into a term meaning profound religious knowledge.
After a few centuries, the meaning of Fiqh turns from the science of religion to the science of religious rulings and non-fundamentals.
When the word Fiqh was cited to mean as a term, it first included all religious sciences. Religious sciences had three sections and Fiqh referred to all of them. This was not the case in words, but also in books and Hadiths. When Fiqh is mentioned in Hadiths, it includes ethics and ideology as well as religious rulings.
The outcomes of this transformation in meaning should be studied. The first outcome was that Furu’at (non-fundamentals) became focal in religious teachings. That is to say, they gain priority. Little by little, beliefs, worldview, and ethics were given a peripheral status and even in religious schools and seminaries became optional and elective.
As a result of this transformation in meaning, two of the three parts of religious teachings that must be together were sidelined.
A major harm that this has created is that people have turned to appearances (of religiosity). Appearances are important but they are not the main criteria (of being religious).
Another harm was that it led to the decline of kindness and compassion in society. One cannot live in a society that is run only based on laws and the Fiqh (as a term). A society also needs beliefs and ethics to promote kindness and compassion.
What Martyr (Seyed Mohammad Baqir) Sadr offers is a reconsideration of the current Fiqh (in order to create the necessary changes).