COU

RSE OVERVIEW

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

4321

1

CON

TENT

A. CATEGORIES OF HUKM AL-TAKLIFI

B. OBLIGATION

C. RECOMMENDATION

D. DISAPROVAL

E. PROHIBITION

3

6

14

16

19

F. PERMISSIBILITY 19

AL-IBAHAH

SunnahZaidah Lizatihi Li ghayrihi Tahrimi TanzihiSunnah

GhayrMuakkadah

AL-KARAHAHAL-TAHRIMAL-NADB

الحكم التكليفيSunnah

Muakkadah

TYPES OF SU

NN

AH

C. RECOMMENDATION - NADB

RECOM

MEN

DATION

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]

RECOM

MEN

DATION

- EXAMPLES

DEMAND FOR COMMISSION

�لى أجل مسمى �دين إ �ذا تداينتم ب ذ�ين آمنوا إ ها ال ياأي فاكتبوه

“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 thisRELATED EVIDENCE

ق� ذ�ي اؤتم�ن أمانته وليت �ن أم�ن بعضكم بعضا فليؤد ال فإه الله رب

“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.

RECOM

MEN

DATION

- EXAMPLES

ABSENCE OF BLAME FOR OMISSION

يا معشر الشباب، من استطاع منكم الباءة فليتزوجOh 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

TYPES OF SU

NN

AH

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

SUN

NAH M

U’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

SUNNAHMU’AKKADAH

1

2

3

SUN

NAH GHAYR M

U’AKKADAH/N

AWAFIL

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 GHAYRMU’AKKADAH

1

2

3

SUN

NAH ZAW

AID

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

D. PROHIBITION

PROHIBITIO

N

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

THE BINDIN

G TERMS O

F PROHIBITIO

N

PROHIBITION

Negation of

Permissibility

Regulation of

punishment

Word of Prohibiti

on

Demand for

omission or

avoidance

PROHIBITIO

N - EXAM

PLES THE WORD OF PROHIBITION

1. tولحم tوالدم tالميتة tعليكم tمت حرنز�ير� الخ� “Forbidden to you (for food) are: the dead animals, blood, the flesh of pig”

[al-Maidah: 3]

مت عليكم أمهاتكم وبناتكم وأخواتكم .2 حر “Forbidden unto you are your mothers, and your daughters, and your

sisters”[al-Nisa’:23]

با .3 م الر وأحل الله البيع وحر“And Allah has allowed trading and forbidden usury.”

[al-Baqarah: 275]

PROHIBITIO

N - EXAM

PLES THE NEGATION OF PERMISSIBILITY

1. tن كن�tإ tي أرحام�ه�نtف� tالله tا خلقtم tن يكتمنtأ tلهن tوال يح�ل� اآلخ�ر� �الله� واليوم يؤم�ن ب

“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]

سtاء كرها .2 ذ�ينt آمنوا ال يح�لt لكمt أtن تر�ثوا الن هtا ال يtا أي وال تعضلوهن

“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]

ال يحل مال امرىء مسلم إال بطيبة من .3نفسه

“It is unlawful to possess the property of a Muslim without his express consent”

[Reported by al-Dar Qutni]

PROHIBITIO

N - EXAM

PLES THE DEMAND FOR OMISSION OR AVOIDANCE

�يال .1 ه كان فاح�شة وساء سب �ن نى إ وال تقربوا الز “And come not near unto adultery. Surely it is an abomination and an

evil way” [al-Isra’ : 32]

�الحق .2 ب �ال م الله إ �ي حر ت فس ال وال تقتلوا الن “And do not kill any one whom Allah has forbidden, except for a just

cause”[al-Isra’:33]

ر واألنصtاب واألزالم ر�جس من عمل� .3 ما الخمر والميس� �ن إ�بوه يطان� فاجتن الش“O you who believe! Intoxicants, gambling, are an abomination of Shaitan's handiwork.

So avoid (strictly all) that (abomination)” [al-Maidah: 90]

PROHIBITIO

N - EXAM

PLES REGULATION OF PUNISHMENT

1. tم ومtن يقتلt مؤم�نا متعمدا فجزآؤهt جهن�دا ف�يها خال

“And whoever kills a believer intentionally, his recompense is Hell to abide therein”[al-Nisa’: 93]

مtا يأكلونt ف�tي .2 �ن ذ�ينt يأكلونt أموالt اليتامtى ظلما إ �نt ال إ �ه�م نارا وسيصلون سع�يرا بطون

“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]

�ما كسبا نكاال .3 ار�قة فاقطعوا أيد�يهما جزاء ب ار�ق والس والسمن الله� والله عز�يز حك�يم

“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]

TYPES OF HARAM

HARAM LI GHAYRIHI

HARAM LIZATIHI

الحرامTHE 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.

E. DISAPROVAL

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]

DISAPPROVAL – CO

NT’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 (كره) the blaming each other, wastage of wealth and excess/so much of questions, .

ه كر�ه �ن الل م يقول إ ه عليه� وسل �ي صلى الل ب سم�عت النؤال� �ضاعة المال� وكثرة الس لكم ثالثا ق�يل وقال وإ

[reported by al-Bukhari]

2. Practicing divorce as it is described as the most detestable type of permissible thing.

TYPES OF M

AKRUH - HAN

AFITES

MAKRUH TANZIHI

MAKRUHTAHRIMI

المكروهTHE 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

ه عليه� �ي صلى الل ب �ي هريرة عن الن عن أبجل على خ�طبة� م قال ال يخطب الر وسل

أخ�يه�

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

F. PERMISSIBILITY

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

PERMISSIBILITY – CO

NT’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

بات اليوم أح�ل لكم الطي“Made lawful to you this day are At Tayyibât [all kinds of Halal (lawful) foods”

[al-Maidah:5]

2. The negation or sin or blame

كم ساء أو أكننتم ف�ي أنفس� �ه� م�ن خ�طبة� الن ضتم ب وال جناح عليكم ف�يما عر“And there is no sin on you if you make a hint of betrothal

or conceal it in yourself” [al-Baqarah: 235]

HUKMTAKLIFI

WAJIB

MANDUB

HARAMMAKRUH

MUBAH

AL-HUKM AL-TAKLIFI - JUMHUR

HUKM TAKLIFI

WAJIB

FARD

MANDUB

HARAM

MAKRUHTAHRIMI

MAKRUHTANZIHI

MUBAH

AL-HUKM AL-TAKLIFI - HANAFITES

HUKM

AL-TAKLIFI – THE HANAFITES

1

2

3

4

5

6

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

7 Mubah: Permissible