•USHUL FIQH 2 •HUKM SHAR’I (THE ISLAMIC LAW) •CONTENT

HUKM SHAR’I (THE ISLAMIC LAW)

1.  The meaning of Hukm

2.  Classification of Hukm:

A.  Hukm Taklifi (Obligations and Duties)

1.  Wajib (Obligatory Act)

2.  Sunat (Recommended Act)

3.  Haram (Prohibited Act)

4.  Makruh (Disapproved Act)

5.  Mubah (Permitted Act)

6.  Azimah (Initial Rules) and Rukhsah (Exemption)

B.  Hukm Wad’i (Declaratory Rules)

1.  Sabab (Cause)

2.  Syarth (Condition)

3.  Mani’ (Obstacle)

4. Shihhah and Buthlan (Validity and nullity)

•1.  The meaning of Hukm

Hukm

= A command

> A rule

> A communication from Allah, the Exalted, related to the acts of the subjects through a demand or option or through a declaration.

• • • •2.  Classification of Hukm

A.  Hukm Taklifi (Obligations and Duties): The obligation-creating rule

B.Hukm Wad’i (Declaratory Rules): A rule that facilitates the operation of the obligation-creating rule or it explains the relationship between different obligation-creating rules.

• •
A. Hukm Taklifi
(The obligation-creating rule)
1.  Wajib (Obligatory Act)

Wajib: An act whose commission is demanded by the Lawgiver in certain and binding terms.

The classifications of Wajib:

1.Wajib mutlaq (Obligatory act independent of time) like the payment of expiation (kaffarat) in nadzr, and wajib muqayyad/muwaqqat (Obligatory act limited by time) like dhuhur prayer and hajj. 2.Wajib muhaddad (Determinate obligatory act) like the five daily prayers and the amount of zakat and wajib ghair muhaddad (indeterminate obligatory act) like spending in the way of Allah and feeding the needy. 3.Wajib ‘aini (The universal obligatory act) like prayers, fasting and zakat and wajib kifa’i (The communal obligatory act) like answering the salam and prayer for mayyit. 4.Wajib mu’ayyan (The specified obligatory act) like prayer and fasting and wajib mukhayyar (The unspecified obligatory act) like the kaffarah (expiation) for breaking the oath: feeding ten needy persons, or clothing them, or the freeing of a slave. •2.  Sunat (Recommended Act)

Sunat/Mandub: A demand by the Lawgiver for the commission of an act without making it binding and without assigning any blame for its omission.

The types of sunat:

1.Sunat muakkadah (The emphatic recommended act) like praying two rakaat before Subuh prayer, or after Dhuhur, Maghrib and Isya’. 2.Sunat ghair muakkadah (Non-emphatic recommended act) like giving sadaqah to the poor. •3.  Haram (Prohibited Act)

Haram: An act whose omission is required by the Lawgiver in binding and certain terms.

The types of Haram:

1.Haram lidhatih (Prohibited for itself) like unlawful sexual intercourse and theft. 2.Haram lighairih (Prohibited for an external factor) like fasting in ‘Id day and the sale that involves riba. •4.  Makruh (Disapproved Act)

Makruh: An act whose omission is demanded by the Lawgiver in non-binding terms whatever the type of evidence.

The types of Makruh:

1.Makruh tahrim: An act whose omission has been demanded by the Lawgiver in certains, through a probable evidence. Like making a proposal for marriage where the proposal of another is awaiting respons and making an offer for sale where the offer of another is pending. 2.Makruh Tanzih: An act whose omission is demanded by the Lawgiver in non-binding terms whatever the type of evidence from which it arises. Like sale at the time of the Friday congregational prayer. •
5.  Mubah (Permitted Act)

Mubah/halal: An act in which the Lawgiver has granted a choice of commission or omission, without blame or praise for commission or omission. Like eating, drinking and watching TV.


6.  Azimah (Initial Rules) and Rukhsah (Exemption)

Azimah: An obligation imposed initially as a general rule. Like performing prayer as ordered by Allah.

Rukhsah: An exemption from the general rule. Like tayammum and not fasting in Ramadhan because of journey.

B.Hukm Wad’i (Declaratory Rules)
1. Sabab (Cause)

Sabab (The Cause of the hukm): The cause on the basis of which a primary rule or hukm taklifi is invoked or is established.

Examples: The setting of the sun is a cause for the obligation of Maghrib prayer. The beginning of Ramadhan is a cause for the obligation of fasting. A journey is a cause for the permissibility of not fasting.

•2.  Syarath (Condition)

Syarath (A necessary condition for a hukm): A sign or an indication on which the existence of another thing depends.

Examples: Ablution is a condition for prayer. The presence of witnesses is a condition for the marriage contract.


3.  Mani’ (Obstacle)

Mani’ (Obstacle): A factor whose existence indicates the negation of a hukm or its sabab.

Examples: The negation of the hukm of retaliation when the accused is the father of the victim.

•4. Shihhah and Buthlan
(Validity and nullity)

Shihhah: The act that is fulfilled its rukn (basic necessary) and syarath (condition). Like performing prayer by fulfilling its rukn and syarth.

Buthlan: The act that is not fulfilled its rukn (basic necessary) or syarath (condition). Like performing prayer without reading al-Fatihah or without doing the ablution.