This document discusses the concept of hukm shari (Islamic law or value) in Islamic jurisprudence. It defines hukm shari as a communication from God concerning the acts of humans, consisting of a demand, option, or enactment. There are two main types of hukm shari: defining law (taklifi), which includes obligatory (wajib/fard), recommended (mandub), prohibited (haram), disliked (makruh), and permissible (mubah) acts; and declaratory law (wadi), which declares legal relationships. The document provides examples of hukm shari from the Quran and hadiths and discusses the Han

1. Hukm Shari (‫الشرعي‬ ‫)الحكم‬
(Law or Value of Shariah)
Mr. Iqbal Saujan
Temp. Assist. Lecturer
Islamic Law & Legislation
Dept. of. Islamic Studies
savjaniqbal@seu.ac.lk

2. Introduction
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✿. Discussing hukm shari, raises the question that, what is Islamic law? The response deals with
Islamic law as a system as well as individual rules.
✿. The study of hukm shari tells us all rules may not create an obligation and some rules are to
facilitate the operation of other rules.
✿Meaning
The Arabic word hukm in its literal sense means a “ban (‫”)المنع‬, ‘command (‫’)أمر‬, and in its
technical sense means a ‘rule (‫’)حكم‬, so the legal rule is called hukm shari.
✿Definition:
The scholars of usul define hukm shari;
“As a locution or communication from the Lawgiver (‫)الشارع‬ concerning the conducts (‫)أفعال‬ of
the mukallaf (person in full possession of his faculties) which consists of a demand (‫)االقتضاء‬, an
option (‫)التخيير‬ or an enactment”
Or it may also be defined as;
“A communication from Allah Almighty related to the acts of the subjects (mukallaf) through a
demand or option or a declaration”.

3. Elements of Hukm Shari
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✿Hukm shari in its literal sense conveys the meaning of a rule of Islamic law. The elements of it
are;
i. The Hakim (Lawgiver), which is Almighty Allah.
ii. The Mahkum fih or the act on which hukam operates.
iii. The Mahkum alay or the subject (legal person) for whose conduct the hukm is
stipulated.
✿Brief explanation
• A demand (‫)االقتضاء‬, is usually communicated in the form of either a command (‫)أمر‬ or a
prohibition (‫)نهى‬.
• When a demand to do or not to do something is established by definitive proof ( ‫دليل‬
‫قاطع‬ ),
it is referred to as wajib (‫واجب‬) or haram (‫حرام‬).
• But according to the Hanafi jurists if the demand is not definitive in its meaning
(dalalah) or authenticity (thubut), it is wajib, but if it is definitive in both respects, it is
fard.

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✿And for the demand to avoid doing something, the Hanafis maintain that if it is based on
definitive proof and authenticity, it is haram, otherwise it is makruh tahrimi.
✿And when a demand leaves the individual with an element of choice it is known as mandub
(recommended).
✿And if the option is available which leaves the individual at liberty either to do or to avoid
doing something, it is called as mubah (permissible).
✿And an enactment is neither a demand nor an option, but an objective exposition of the law
which may be conveyed in the form of a hindrance (mani)

5. Examples of hukm Shari in Quran and Hadith
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✿ Some examples, the Qur'anic command are
“`Fulfill your contracts' (al-Ma'idah, 5:1)”
ِ‫د‬ ْ‫و‬ُ‫ق‬ُ‫ع‬ْ‫ل‬‫ا‬ِ‫ب‬ ‫ا‬ ْ‫و‬ُ‫ف‬ ْ‫و‬َ‫ا‬ ‫ا‬ ْٰۤ‫و‬ُ‫ن‬َ‫م‬ٰ‫ا‬ َ‫ْن‬‫ي‬ِ‫ذ‬َّ‫ل‬‫ا‬ ‫ا‬َ‫ه‬ُّ‫ي‬َ‫ا‬‫ـ‬ٰٰۤ‫ي‬
For a prohibition;
“O you believers, let not some people ridicule others, for it is possible that the latter are
better than the former' (al-Hujurat, 49:11)”
ْ‫م‬ُ‫ه‬ْ‫ن‬ِ‫م‬ ‫ا‬ً‫ْر‬‫ي‬َ‫خ‬ ‫ا‬ ْ‫و‬ُ‫ن‬ ْ‫ُو‬‫ك‬َّ‫ي‬ ْ‫ن‬َ‫ا‬ ‫ى‬ٰٰٓ‫َس‬‫ع‬ ٍ‫م‬ ْ‫و‬َ‫ق‬ ْ‫ن‬ِ‫م‬ ٌ‫م‬ ْ‫و‬َ‫ق‬ ْ‫ر‬َ‫خ‬ْ‫س‬َ‫ي‬ َ
‫ال‬ ‫ا‬ ْ‫و‬ُ‫ن‬َ‫م‬ٰ‫ا‬ َ‫ْن‬‫ي‬ِ‫ذ‬َّ‫ل‬‫ا‬ ‫ا‬َ‫ه‬ُّ‫ي‬َ‫ا‬ٰٰۤ‫ي‬...
For an option;
`If you fear that they [i.e. the spouses] would be unable to observe the limits set by
God, then there would be no sin on them if she gives a consideration for her
freedom.' sura al-Baqarah (2:229)

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✿ In Ahadith’s;
The following Hadith also conveys a hukm in which the individual is given a choice. The Hadith reads;
“If any of you sees something evil, he should set it right by his hand; If he is unable to do so,
then by his tongue; and if he is unable to do even that, then within his heart- but this is the
weakest form of faith.”
To illustrate a hukm which consists of an enactment (wad') the Hadith is which provides that
“The murderer will not inherit” (Jami’ al-Tirmidhi: 2109)

7. Types of Hukm Shari
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✿. Hukm shar'i is divided into the two main varieties of al-hukm al-taklifi
(defining law) and al-hukm alwad'I (declaratory law)
1. Hukm-taklifi (defining law) consists of a demand or an option, which
mainly defines the extent of man's liberty of action.
2. And hukm-wadi (declaratory law) consists of an enactment only,
mainly declares the legal relationship between the cause (sabab) and its
effect (musabbab) or between the condition (shart) and its object
(mashrut).

8. Defining Law (al-hukm al-Taklifi)
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✿Defining law is a locution or communication from the Lawgiver addressed to
the mukallaf which consists of a demand or of an option; it occurs in the five
varieties;
1. wajib,
2. mandub,
3. Haram
4. makruh and
5. mubah

9. 01. The Obligatory (Wajib, Fard)
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✿. Among the majority of ulema, wajib and fard are synonymous and convey a
demand in respect of doing something and omitting it leads to punishment.
But Hanafis have drawn a distinction between wajib and fard.
✿. Fard, when the command to do is a clear and definitive in text e.g. Salah and
hajj, and wajib is if command to do something is in a speculative authority e.g.
Ahad Hadith. For example reciting Surah Fateha in Salah.
✿. A Muslim is bound to do acts in both, the difference as per Hanafi’s is that
who refuses to believe in binding nature of Farz becomes unbeliever and who
refuses in case of Wajid becomes transgressor. But as per Imam Gazali and
Shafi’s, there is no difference between these two.

10. 01. The Obligatory (Wajib, Fard)
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✿. For the majority of ulema, wajib and fard are synonymous and convey a
demand in respect of doing something and omitting it leads to punishment.
But Hanafis have drawn a distinction between wajib and fard.
✿Fard, when the command to do is a clear and definitive in text e.g. Salah and
hajj, and wajib is if command to do something is in a speculative authority e.g.
Ahad Hadith. For example reciting Surah Fateha in Salah.
✿A Muslim is bound to do acts in both, the difference as per Hanafi’s is that who
refuses to believe in binding nature of Farz becomes unbeliever and who
refuses in case of Wajid becomes transgressor. But as per Imam Gazali and
Shafi’s, there is no difference between these two.

11. Kinds of Wajib
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✿. Wajib is sub-divided into at least three varieties.
i. Wajib ('ayni) collective (kafa’i)

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