Hukm is communication of Allah (Qur'an, sunnat, and other sources of Law such as ijma and qiyaas) relating to actions of
of hukm shara’i
Hukm shara’i can be classified in three categories: injunctive, hukm takliifi; stipulatory, hukm wadhai; and optional, hukm takhyiiri. Hukm taklifi is primary whereas the other two are seconday to it. Hukm taklifi ordains an action, al iqtidhau and takes the following forms: wajib, manduub, haram, makruuh, mubaah,
and aziimat & rukhsah.
is considered the most important hukm taklifi. The definition of the obligatory, waajib, varies in different schools. The Shafi’i and Hanbali schools consider waajib
the same as faradh. In the Hanafi school the faradh is stronger than the waajib.
Waajib can be restricted, muqayyad, or
open-ended, mutlaq. There are several types of restrictions: restriction by time,
muqayyad bi al zaman; restriction by amount or quantity of performance,
muqayyad bi al taqdir; restriction by specification of the required performance
or action, muqayyad bi ta'ayin al matluub; and restriction by specification
of the person required to perform the action, muqayyad bi al mutaalab bihi.
must be performed at a specified time whereas others have latitude in time. Delaying an act that has a wide latitude of time
is not blameworthy as long as it is performed before the expiry of the extended time period; it is however recommended to
perform acts early. Expiry of the assigned time for the act does not nullify its obligation. It still has to be performed.
amount of expected performance is not specified, any amount of work will suffice to discharge the obligation.
may be general like good treatment of parents, birr al walidayn, without specifying
specific actions, in that case any good act discharges the responsibility.
obligations, fardh ‘aini, cannot be delegated. Performance of a collective obligation, fardh kifai, by any
member of the community absolves the rest from sin. However only those with the necessary competence can perform the collective
obligations. The rest are not obliged even if they are members of the community.
Recommended, manduub, is a type of hukm
taklifi that is also called sunnat or masnuun, nafilat, mustahabb, tatawu'u, ihsaan,
The manduub has got the following levels of excellence: confirmed, sunnat muakkadat; not confirmed, sunnat ghayr muakkadat. The sunnat muakkadat is what the Prophet used to carry out continuously and left it only on rare occasions.
can be manduub when considered in isolation like marriage. However it can be waajib if considered generically for example the whole community cannot choose not
Prohibited/unlawful, haraam, is a type of hukm taklifi. It is defined as omission of the waajib or commission of the haraam. It can be
intrinsically prohibited or extraneously prohibited. The intrinsically prohibited acts, muharram li dhaatihi, are prohibited on their own merit. The extraneously prohibited acts, muharram li ghayrihi, are prohibited for a reason extrinsic to the action. Some jurists consider an extraneously
prohibited valid but accompanied by ithm. Others consider such an act as invalid.
the prohibited can either be kufr; a major sin, kabir al ithm; or a minor sin, saghir al ithm. Repetition of a minor
sin turns it into a major sin.
position for all human acts is permission, al asl fi al umuur al ibaahat, and prohibition,
al hurumat is the exception. Thus textual evidence is required to prove prohibition but is not required to prove permission.
The situation is reversed in sexual matters in which the original position is haram,
al asl fi al abdhaai al hurmat. Permission is the exception and requires textual
can make something haraam. Haraam is prohibited because it is impure and harmful.
An act that leads to haraam is also haraam.
An act that aggravates disease is haram. An act that cures disease is waajib. For inconclusive matters what leads to bad or evil is makruh
and what leads to good is manduub. A general principle is that the halaal is clear and the haraam is clear and between the two are inconclusive
A disapproved/offensive/reprehensible, makruuh, is an act that is discouraged by the Law giver without
compulsion. It is better to avoid the makruuh. The makruuh is of two types: makruuh tahriiman and makruuh tanziihan. The former is based on definitive evidence, daliil qat'i,
and is closer to haraam. The latter is based on probable evidence, daliil dhanni. The makruuh is an introduction to the haraam and must therefore be avoided. An act that is makruuh for a
specific individual or situation can be haraam if generic.
Rewards and punishments for various acts
of acts can best be understood from the consequences of doing them or not doing them:
(action not done)
Manduub, mustahabb, or masnuun
Aziimat & rukhsat
Aziimat is also called strict application or application of general rules. Rukhsat
is also called dispensation, relaxation, exemption, or application of the rules to specific situations..
‘Aziimat is a general obligation, al azimat
huwa hukm takliifi li al umuum. Rukhsat is an exemption due to a necessity,
dharurat. ‘Aziimat is general,
kulliyat, whereas rukhsat is an exception,
istithnau. Rukhsat is when what is normally
forbidden is allowed or when an obligation is omitted.
Rukhsat can take the following three shapes: permitting the forbidden, ibaahat al muharram, under necessity, dharurat; permitting leaving the obligatory, ibahat tark al waajib; and making exceptions to a general ruling, istithnau
'an al qaidat al aamat.
ruling on rukhsat is either mubaah or
wajib. In the former the human is free to enjoy the exemption or not. Under the
latter the human is obliged to make use of the dispensation even if he feels he need not do so such as eating dead human flesh
when faced with starvation.
are always given for individuals and the not the whole community. For example an individual may be exempted from enjoining
good, amr al ma'aruf, or forbidding evil, nahy
al munkar, but no such exemption can be made for the whole ummat.
it is better to be on the safe side by avoiding taking exemptions unless on very sure and valid grounds, ihtiaat tajannub al rukhas.
Validity, sihhat & Legal defectiveness,
butlan: Acts that are not valid under the law can be classified as null and
void, baatil, or irregular, faasid.
An act is baatil when a pillar, rukn,
is defective. It is faasid when a condition, shart,
baatil is the same as faasid. In mu'amalaat, an act deemed faasid can have
some legal effect and is not baatil. It can become valid when the cause of the irregularity is removed. This is because
the legal implications are from the consequences of the act and not the act itself.
baatil is what is prohibited because of its essence, al baatil ma nuhiya ‘anhu
li dhaatihi. The faasid is what is prohibited because of one of its attributes,
al faasid ma nuhiya ‘anhu li wasfi fiihi.