Nitham - Ch 7 - 14 - Submission 05

HUKM SHAR’AI

Definition: Speech of the legislator related to the actions of the servants.

HUKM SHAR’AI

Qat’iy uthuboot (Conclusively Proven)

dhanniy uthuboot(Inconclusively Proven)

Ex: Quran, Hadith Mutawatir

Ex: Non Mutawatir Hadith

Qat’iy udalalah

dhanniy udalalah

(Definitive meaning)

(Indefinite meaning)

Conclusive Hukm: Qat’iy uthuboot (Conclusively Proven)

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Qat’iy udalalah Definitive Meaning

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dhanniy udalalah Indefinite Meaning

Inconclusive Hukm: Qat’iy uthuboot (Conclusively Proven)

Qat’iy udalalah Definitive Meaning dhanniy uthuboot(Inconclusively Proven)

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OR dhanniy udalalah Indefinite Meaning

Mujtahid:

(i)

A qualified person who deduces the Hukm on any issue by understanding the speech of the legislator. This process of deducing the hukm by a mujtahid is called ijtehaad

(ii)

Ijtehaad is not allowed for any conclusive hukm. It is applied only for a hukm that is inconclusive and can be understood in different ways.

(iii)

When a mujtahid deduces a hukm then according to his understanding of the shar’ai text the deduced hukm is “most likely correct”. He is therefore not allowed to follow any other opinion.

Muqallid: The person who is not a mujtahid and follows someone’s ijtehaad. A Muqallid can be either a muttabi or Ammi.

Muttabi: A person who follows an ijtehaad after understanding the evidences (daleel) behind the hukm but he himself hasn’t performed the ijtehaad. Ammi: A person who follows an ijtehaad without understanding the daleel behind the hukm. If a muqallid follows a mujtahid on one issue then he is not allowed to follow any other ijtehaad on the same issue. He is allowed to follow other ijtehaad on any other issue.

TYPES OF AHKAM SHAR’IAH 1) Fard (Compulsory): If the Hukm to perform an action is decisive. The person who performs a fard is praised and is rewarded and the one who neglects it is punished.

2) Haraam (Prohibited): If the Hukm to abstain from an action is decisive. The person who commits a haraam is ounished and the one who abstains from it is praised and rewarded.

3) Mandoob (Recommended): If the Hukm to perform an action is indecisive. The person who performs a mandoob action is praised and rewarded and the one who does not perform it is not punished.

4) Makruh (Undesirable or disliked): If the Hukm to abstain from an action is indecisive. The person who does not perform a makruh action is praised and rewarded but the person who performs a makruh action is not punished.

5) Mubah (Permissible): If the shar’ai text implies that the person has a choice between performing an action or abstaining from it then such an action is Mubah.

SUNNAH

Sunnah: The recommended actions narrated from the prophet SAW (nafilah) which are distinct from fard (Compulsory) Wrong understanding: Quran is from ALLAH SWT and the Sunnah is from the Prophet SAW. Correct understanding: Both the Quran and the Sunnah are from ALLAH SWT.

The commands in actions of worship (ibadat) are categorised as being either fard (Compulsory) or Sunnah/nafilah (recommended). The commands in actions other than acts of worship (ibadat) are categorised as being fard, mandoob, or mubah. Other Mening of Sunnah: Shar’ai evidences from Rasool Allah SAW other than the Quran. These include his speech, actions, and consent.

EMULATING THE ACTIONS OF THE MESENGER (SAW) Actions of the Messenger SAW

Part of HIS (SAW) human nature

other actions

Ex: standing, sitting etc (MUBAAH)

Proven Specifically for Him (SAW)Actions not personal to Him (SAW) Ex: Continuous fasting or having More than 4 wives

Fard

Mandoob

Mubah

(Haraam for anyone else)

Indicates the intention of Qurbah(Getting closer to ALLAH SWT)

If the intention of qurbah (getting closer to ALLAH SWT) is evident then the action is mandoob and if the intention of qurbah is not evident then it is mubaah.