![COURSEOVERVIEW
CONCEPT & ORIGIN
DEFINITION
ORIGIN &
DEVELOPMENT
SCHOOLS &
APPROACHES
SHAFI’I &HIS
RISALAH
AL-HUKM
AL-SHARI’I
AL-HAKIM
AL-HUKM
MAHKUM FIHI
MAHKUM ‘ALAYHI
SOURCES OF
SHARIAH
PRIMARY
[TEXTUAL]
SECONDARY
[NON-TEXTUAL]
IJTIHAD
HISTORICAL
SKETCH
REFORM
1](https://image.slidesharecdn.com/7c-160531175156/85/Introduction-to-Usul-Fiqh-al-hukm-al-taklifi-2-1-320.jpg)
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Introduction to Usul Fiqh : al hukm al-taklifi 2
- 1. COURSEOVERVIEW CONCEPT & ORIGIN DEFINITION ORIGIN & DEVELOPMENT SCHOOLS & APPROACHES SHAFI’I &HIS RISALAH AL-HUKM AL-SHARI’I AL-HAKIM AL-HUKM MAHKUM FIHI MAHKUM ‘ALAYHI SOURCES OF SHARIAH PRIMARY [TEXTUAL] SECONDARY [NON-TEXTUAL] IJTIHAD HISTORICAL SKETCH REFORM 1
- 2. CONTENT A. CATEGORIES OF HUKM AL-TAKLIFI B. OBLIGATION C. RECOMMENDATION D. DISAPROVAL E. PROHIBITION 3 6 14 16 19 F. PERMISSIBILITY 19
- 3. AL-IBAHAH Sunnah Zaidah Lizatihi Li ghayrihi Tahrimi TanzihiSunnah Ghayr Muakkadah AL-KARAHAHAL-TAHRIMAL-NADB التكليفيالحكم Sunnah Muakkadah TYPESOFSUNNAH
- 4. C. RECOMMENDATION - NADB
- 5. RECOMMENDATION MEANING A demand by the Lawgiver for the commission of an act without making it binding and without assigning any blame for its omission BINDING NATURE The non binding nature of the demand can be inferred from the syntax or related evidence like the absence of blame and penalty for non- performance : Example: 1. The related evidence [click] 2. The absence of blame and penalty for omission [click]
- 6. RECOMMENDATION-EXAMPLES DEMAND FOR COMMISSION ُّم ٍل َج َ أ ى َ لِإ ٍنْي َدِب مُنتَاي َد َ ت ا َ ذِإ ْ واُن َآم َين ِذ َّ ال اَهُّي َ ياأُوُوُت ْ ات َ ا ف ىً َمَس “O you who believe! When you contract a debt for a fixed period, write it down” [al-Baqarah: 282] The demand for recording of the debt is a recommendation and is non-binding because of an associated evidence that indicates this RELATED EVIDENCE ُ ت ْ اؤ ي ِذ َّ ال ِد َ ؤُي ْ ل َ ا ً ضاْعَب م ُ كُضْعَب َنِم َ أ ْنِإ َ اََََّّ َاّل َِِّتَي ْ لََ َُُت َ َا َم َ أ َنِِمُُ “Then if one of you entrust the other, let the one who is entrusted discharge his trust (faithfully), and let him be afraid of Allah, his Lord” [al-Baqarah: 283] This indicates to the creditor that he may trust the debtor without writing down the debt.
- 7. RECOMMENDATION-EXAMPLES ABSENCE OF BLAME FOR OMISSION فليتزوج الباءة منكم استطاع من ،الشباب معشر يا Oh Youths, if you got the ability to marry someone, do marry In this hadith there is no evidence that marriage is wajib, but evidence found from the above hadith that marriage is sunnat
- 8. TYPESOFSUNNAH SUNNAH MU’AKKADAH SUNNAH GHAYR MU’AKKADAH SUNNAH ZAWAID Recommended act that was persistently performed by the Prophet The acts of the Prophet pertaining to ordinary daily tasks as a human being His dress, food, drinkFour raka’ah before ‘Asr and ‘Isha Two rak’ah before and after Zuhr Recommended act that WAS NOT performed persistently by the Prophet
- 9. SUNNAHMU’AKKADAH A recommended act that was persistently performed by the Prophet and he did not give it up except on some occasions Sunnah Muakkadah can be complementing the wajib such as azan and the congregational prayer. Giving up such acts is liable to some blame, loosing ‘adalah (moral probity) although this does not reach the level of penalty Sunnah Mu’akkadah which does not complement the wajib such as two rak’ah before and after Zuhr, does not make a person looses his ‘adalah SUNNAH MU’AKKA DAH 1 2 3
- 10. SUNNAHGHAYRMU’AKKADAH/NAWAFIL It is an act that was not performed persistently by the Prophet, that is he performed it several times and did not do so at other times Example: Four raka’ah before ‘Asr and ‘Isha’ and giving sadaqah to the poor The rule for this type of act is that the performer will be rewarded and there is no blame for non performance SUNNAH GHAYR MU’AKKA DAH 1 2 3
- 11. SUNNAHZAWAID This term is used by some jurists for the acts of the Prophet pertaining to ordinary daily tasks as a human being Example: his dress, food, drink and his dealings with his family members Such act if adopted seeking to follow the Prophet’s example out of love for him is to be rewarded. The person who does not adopt them is not blameworthy in any way SUNNAH ZAWAID 1 2 3
- 12. D. PROHIBITION
- 13. PROHIBITION MEANING A demand by the Lawgiver for the omission of an act expressed in certain and binding terms where for doing so there is grave penalty, while omitting it entails a reward DENIAL The imputation of kufr is applicable for its denial HANAFITES Against the Jumhur, the Hanafite hold that if the evidence is denifite (qat’i) than, it is regarded as haram, but if the the evidence is probable (zanni), than the hukm is makruh karahat al-tahrim or makruh tahrimi
- 15. PROHIBITION-EXAMPLES THE WORD OF PROHIBITION 1. ْت َمِر ُحُم ُ كْي َ لَع ُ ةَتْي َ ْ اْلُم َّد ْ الََْح َ لََُمِيرِز ْ ن ِخ ْ ال “Forbidden to you (for food) are: the dead animals, blood, the flesh of pig” [al-Maidah: 3] 2. ْت َمِر ُحْم ُ كْي َ لَعْم ُ ك ُ اتَه َّم ُ أْم ُ ك ُ اتَنََََّْم ُ ك ُ اتَو َ خ َ أََ “Forbidden unto you are your mothers, and your daughters, and your sisters” [al-Nisa’:23] 3. اََِّالر َمَّر َحََ َعْيَو ْ ال ُاّل َّل َح َ أََ “And Allah has allowed trading and forbidden usury.” [al-Baqarah: 275]
- 16. PROHIBITION-EXAMPLES THE NEGATION OF PERMISSIBILITY 1. َ لََُّل ِحَيَّنُه َ لن َ أَن ِْمُت ْ كَيا َمَِ َ ل َ خُاّليِفَّنِهِام َحَْ َ أنِإَّن ُ تَّنِم ْ ؤُيِاّلِبِمْوَي ْ الََِر ِاآلخ “and it is not lawful for them that they should conceal what Allah has created in their wombs, if they believe in Allah and the last day” [al-Baqarah: 228] 2. اَياَهُّي َ أَين ِذ َّ ال ْ واُن َآم َ لُّل ِحَيْم ُ ك َ لن َ أ ْ وا ُ ثِر َ تِالنا َمَس ً هاْر َ ت َ لَََّن ُوه ُ لُضْع َ ت “O you who believe! It is forbidden for you to inherit women against their will. Nor should ye treat them with harshness” [al-Nisa’: 19] 3. َُفمَس من بطيوةإلممَسلم ىامر مال يحلل “It is unlawful to possess the property of a Muslim without his express consent” [Reported by al-Dar Qutni]
- 17. PROHIBITION-EXAMPLES THE DEMAND FOR OMISSION OR AVOIDANCE 1. َ لََ ْ واََُّر ْق َ تى َ نِالزََُُِّإَان َ ك ً ة َ ش ِاح َ اا َسَََس ً ياِِب “And come not near unto adultery. Surely it is an abomination and an evil way” [al-Isra’ : 32] 2. َ لََ ْ وا ُ لُت ْق َ تَس ْفَّالني ِت َّ الَمَّر َحُاّل َّ لِإِِ َالحِب “And do not kill any one whom Allah has forbidden, except for a just cause” [al-Isra’:33] 3. ْنِم ٌس ْجَِ ُم َ لْز َ األََ ُابََص َ األََ ُر ِمَسْي َ ْ اْلََ ُر ِْم َ خ ْ الا َِمََِّإُوُوِنَت ْاج َ ا ِان َ طْي َّالش ِل َِمَع “O you who believe! Intoxicants, gambling, are an abomination of Shaitan's handiwork. So avoid (strictly all) that (abomination)” [al-Maidah: 90]
- 18. PROHIBITION-EXAMPLES REGULATION OF PUNISHMENT 1. ن َمََْلُت ْقَي ً ناِم ْ ؤ ُم ً داِِمَعَت ُّمُ ُ آؤَز َج َ اَجُمَّنَه ً داِال َ خاَيهِا “And whoever kills a believer intentionally, his recompense is Hell to abide therein” [al-Nisa’: 93] 2. َّنِإَين ِذ َّ ال َنو ُ ل ُ ك ْ أَيَالَو ْم َ أى َامَتَي ْ ال ً ِما ْ ل ُ ظا َِمََِّإ ُ ل ُ ك ْ أَي َنويِفْمِهِون ُ طُب ً اَا َ َ َنْو َ لْصَي َسََ ً اريِع َس “Those who swallow the property of the orphans unjustly, surely they only swallow fire into their bellies and they shall enter burning fire” [al-Nisa’:10] 3. َمَس َ ت ا َِمِب اَز َج ا َِمُهَي ِدْي َ أ ْ واُع َ ط ْ اق َ ا ُ ة َ قَِا َّالمَسََ ُقَِا َّالمَسََِك َح ٌززِزَع ُاّلََ ِاّل َنِم ً ال َ ك َ َاَوٌيم “And (as for) the man who steals and the woman who steals, cut off their hands as a punishment for what they have earned, an exemplary punishment from Allah; and Allah is Mighty, Wise. ” [al-Maidah: 38]
- 19. TYPESOFHARAM HARAM LI GHAYRIHI HARAM LIZATIHI امرالح THE PROHIBITED Prohibited for itself such as unlawful sexual intercourse, theft and selling of pork. The rule of this category is that the act or the prohibited items are not permissible ab initio except in the case of duress, and if the subject commits such an act, there will be no beneficial legal effects. Thus theft cannot be a reason for ownership. Prohibited for an external factor. The act is not prohibited initially and is legal in itself but an external factor intervenes and leads to its prohibition like fasting on the ‘Id day. Examples: Meeting in seclusion (khalwah) between male and female, growing grapes or wheat for the purpose of making wine and a someone praying in a stolen sarong or cloth.
- 20. E. DISAPROVAL
- 21. DISAPPROVAL MEANING A demand by the Lawgiver for the omission of an act in a non-absolute manner LEGAL EFFECT Its commission though blameworthy, is not sinful but its avoidance is rewarded AL-SHATIBI’S OPINION Al-Shatibi, however, maintains that indulgence in disapproved act by way of habit turns those abominable to haram. [Make a habit of indulging in disapproved act]
- 22. DISAPPROVAL–CONT’D EXPRESSION OF DISAPPROVAL The form of expressions conveying disapproval is either clear terms of karahiyyah EXAMPLES 1. The hadiths prescribing that Allah has made abominable ( رررت) the blaming each other, wastage of wealth and excess/so much of questions, . َي َم َّ ل َسََ ُِْي َ لَع ُ َّ اّل ى َّ لَص َّي ِبَّالن ُتْعِِم َس ً ث َ ا َ ث ْم ُ ك َ ل َ ِر َ ت َ َّ اّل َّنِإ ُلو ُق َ ةَاعَضِإََ َال َ قََ َيلِق ا ِال َ ؤ ُّالمَس َ ةَر ْ ث َ تََ ِال َ ْ اْل [reported by al-Bukhari] 2. Practicing divorce as it is described as the most detestable type of permissible thing.
- 23. TYPESOFMAKRUH-HANAFITES MAKRUH TANZIHI MAKRUH TAHRIMI َاْلكر THE DISAPPROVED An act which is demanded by the lawgiver to refrain in an absolute manner through probable evidence Closer to haram Commission is sinful and deserves punishment Example: asking a woman’s marriage against the betrothal of another man َةَرْيَرُه يِبَأ ْنَع ُ َّاّلل ىََّلص ِيِبَّنال ْنَعِهْيَلَع ُلُجَّرال ُبُطَْخي ََل َلاَق َمَّل ََسوِةَبْطِخ ىَلَع ِهيِخَأ An act which is demanded by the lawgiver to refrain in a non- absolute manner Example: performing ablution with left over water of an animal or eating any type of smelly food i.e durian, petai, jering, genuak or etc. Commission is not sinful
- 25. PERMISSIBILITY MEANING An option given by the Lawgiver between performing and omitting an act without any demand or forcible prevention, also a know as halal or ja’iz LEGAL EFFECT Its commission and omission temporarily on individual level is neutral
- 26. PERMISSIBILITY–CONT’D EXPRESSION OF PERMISSIBILITY The ruling of ibahah can be known through the syntax or the form of expression used in the text of communication such as: 1. Clear wording of halal ُاتَبِيَّالط ُمُكَل َّلِح ُ أ َمْوَيْال “Made lawful to you this day are AtTayyibât [all kinds of Halal (lawful) foods” [al-Maidah:5] 2. The negation or sin or blame َسِالن ِةَبْطِخ ْنِم ِهِب مُتْضَّرَع َاميِف ْمُكْيَلَع َحَانُج ََلَوْمُكِسُُفَأ يِف ْمُتَننَْْأ ْوَأ اء “And there is no sin on you if you make a hint of betrothal or conceal it in yourself” [al-Baqarah: 235]
- 28. HUKM TAKLIFI WAJIB FARD MAND UB HARA M MAKR UH TAHRI MI MAKR UH TANZI HI MUBA H AL-HUKM AL-TAKLIFI - HANAFITES
- 29. HUKMAL-TAKLIFI–THEHANAFITES Fard, Obligatory: Obligation arises from a evidence or source that is definitive with respect to its implication Wajib, Obligatory: Obligation arises from a source that is probable with respect to its implication and authenticity Mandub, Recommended: The difference between recommendation and the two kinds of obligations above it should be recalled is based on the binding or absolute nature of the command Haram, Prohibited: Obligation of omission which arises from a definitive evidence expressed in binding terms Makruh Karahah al-Tahrim, : Obligation of omission which arises from a probable evidence. It is close to prohibition Makruh Karahah al-Tanzih, Disapproval: Obligation of omission expressed in non binding terms Mubah: Permissible