Classification of Hukum Taklifi

1. Classification of Hukum Taklifi
Mr. Iqbal Saujan
Temp. Assist. Lecturer
Islamic Law & Legislation
Dept. of. Islamic Studies
savjaniqbal@seu.ac.lk

2. Classification of Islamic Law
Usul al-Fiqh: Principles of Jurisprudence
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Islamic Law
(Hukm Shar’ie)
Hukm Taklifi
Obligatory
(Wajib)
Recommended
(Sunnah)
Prohibited
(Haram)
Undesirable
(Makruh)
Permissible
(Mubah)
Hukm Wad’ie
Sabab, Syraat,
Mani
Sihhah, Fasad,
Butlan
‘Azimah,
Rukhsah

3. Continue….
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✿. According to the Majority of Scholars (Jumhur), Hukm taklifi has been divided into five:
1. Ijab (declaring an act obligatory)
2. Nadb (recommendation)
3. Tahrim (declaring an act forbidden)
4. Karahah (disapproval)
5. Ibahah (permissibility)
✿. The jurists of Hanafi School have divided hukm taklifi into seven:
1. Fard (Obligatory duty)
2. Ijab (Imperative duty)
3. Nadb
4. Tahrim
5. Karaha al-tahrim
6. Karahah al-tanzih
7. Ibahah

4. Fard (an act obligatory in
the first degree)
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✿. Definition:
When a demand to do a thing is established in definitive proof (dalil
qat`i). It is an act obligatory in the first degree.
✿. Legal Effect:
To believe from the core of ones heart in the binding nature of such demand
and to act upon it by the body is necessary. A person who refuses to believe
in the binding nature of a command which is established in definitive proof
becomes an infidel (al-Kafir) and one who neglects to act upon it without
any just and legal excuse becomes a transgressor (fasiq).

5. 01. Obligatory Act (Wajib)
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✿. Literally: An act the performance of which is obligatory for the subject
✿.Technically: Refers to an absolute command which is supported by decisive
proof, disobedience to it without any legal excuse is a sin and its denial amount
to disbelief.
✿.Wajib or obligatory is clear and binding command from Allah or his messenger
directed to the people to do something. If you follow it and act upon something
that is wajib, you get blessing from Allah, but if you don’t do it, or omit to do it
will lead to punishment.
✿.Ibn al-Subki (1972); “If the divine communication absolutely demands the
performance of an act, it is called Ijab”
✿.Hassan & Husayn Hamid (1972); “it means that the Lawgiver absolutely
demands to perform, is called wajib”

6. The Classification of the Wajib
Usul al-Fiqh: Principles of Jurisprudence
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Wajib
Time
Wajib Mutlaq (Unrestricted by
Time)
Wajib Muqayyad (restricted by
Time)
Extent or
amount of
Act
Wajib muhaddad (Determinate
obligatory act)
Wajib ghayr muhaddad
(indeterminate Obligatory Act
Subjects
Wajib ‘ayni (the universal
obligatory act
Wajib Kifa’I (The communal
obligatory act
Object
Wajib Muayyan (the Specified
obligatory act
Wajib Mukkayyar (the
unspecified obligatory)

7. 1. Wajib Mutlaq & Wajib Muqayyad
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Wajib Mutlaq (Obligatory Act
independent of Time)
Wajib Muqayyad (Obligatory Act
limited by time )
❖ Wajib Mutlaq is an act whose performance has
been demanded by the lawgiver, but he has
not fixed a definite time for its performance.
❖ Example: The payment of expiation (kaffarah)
❖ The rule for wajib Mutlaq is that the subject
may perform the act whenever he likes. For
example, if a person took an oath to do
something and then he broke his oath, he may
pay the kaffarah, for which he is liable,
anytime he wishes to do so
❖ Wajib muqayyad is an obligatory act
demanded by the lawgiver from the subject
for which a time period is also determined
having a beginning and an end.
❖ Example: The Five daily prayers, Fasting
during Ramadan, and Hajj

8. 2. Wajib muhaddad & Wajib ghayr muhaddad
Usul al-Fiqh: Principles of Jurisprudence
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Wajib muhaddad
(Determinate obligatory Act)
Wajib ghayr muhaddad
(Indeterminate obligatory Act)
❖ Wajib muhaddad is an act whose amount or
extent has been determined by the lawgiver.
❖ Example: The five daily prayers and the
amount of zakat.
❖ The rule for this type of wajib is that it
becomes due as a liability as soon as its cause
is found.
❖ A demand for its performance or payment is
valid without waiting for a judicial verdict or
on the willingness of the subject to perform
the act.
❖ The subject is not absolved from the liability
to perform or pay unless he does so in the
way determined by the lawgiver and in the
amount fixed by Him.
❖ Wajib ghayr muhaddad is an act whose
amount or extent has not been fixed by the
lawgiver.
❖ Example: Spending in the way of Allah,
Feeding the needy or hospitality for guests.
❖ These things depend upon the need and
capacity of the individual.
❖ The rule for this kind of wajib is that it does
not become a liability unless it is imposed by
a judicial decision or through willingness.

9. 3. Wajib ‘ayni & Wajib Kifa’I
Usul al-Fiqh: Principles of Jurisprudence
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Wajib ‘ayni (the universal
obligatory act
Wajib Kifa’I (The communal
obligatory act
❖ Wajib ‘ayni is a demand by the lawgiver form
each subject, each subject with legal capacity
for the act, to perform the act
❖ Example: Prayers, Fasting, hajj and Zakat.
❖ The rule for this type of obligation is that it is
to be performed by each person from whom it
is demanded.
❖ The individual is not absolved of the liability
even if some other persons have performed
the act.
❖ Wajib Kifa’I is a whose performance is
required from the whole community and not
from each individual.
❖ Example: Answering the salam, rendering
testimony, Burying the deceased
❖ The rule for the wajib kifa’I is that if it is
performed by some individuals in the
community, the rest are no longer liable for it,
as the required act stands performed.
❖ The communal obligation may turn into a
universal obligation. Example: if there is only
one doctor in the community, it will be his
personal obligation to look after a patient.

10. 4. Wajib Muayyan & Wajib Mukkayyar
Usul al-Fiqh: Principles of Jurisprudence
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Wajib Muayyan (the Specified
obligatory act
Wajib Mukkayyar (the unspecified
obligatory)
❖ Wajib muayyan is an act that is required by
the lawgiver specifically; there is no choice in
it with respect to the act to be performed.
❖ Example: Prayer, fasting
❖ The rule is that the subject is not free of the
liability without specific performance.
❖ Wajib mukkayyar is required by the lawgiver
not as a specific act, but as one out of several
determined acts.
❖ Example: kaffarah (expiation) for breaking
the oath; feeding ten needy persons, or
clothing them, or the freeing a slave.
❖ If the subject is not able to perform one act, he
may perform the other. Each of these three
acts, however, are required by way of a choice,
the subject is absolved of liability.

11. References
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1. Nyazee, I.A.K., (2006). Islamic Jurisprudence (Usul al-Fiqh). Adam Publishers &
Distributors: New Delhi - India.
2. Quadri, A.A., (2007). Islamic Jurisprudence in the modern world. Adam Publication &
Distributors: New Delhi- India.
3. Kamali, M.H. Principles of Islamic Jurisprudence. (Cambridge: The Islamic Texts Society,
2003) 3rd edition [ISBN 9780946621828].

12. Usul al-Fiqh: Principles of Jurisprudence
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Thank You