Professional Documents
Culture Documents
Reform AL-HUKM
Origin &
Secondary Development
Sources
Mahkum Fihi
[Non-Textual]
Shafi’i & al-
Risalah
Mahkum Alayhi
The Schools of
Usul al-Fiqh
MABAHITH AL HUKM AL-SHAR’I
INTRODUCTION TO
HUKM SHAR’I
THE DEFINITION / MEANING
IMPORTANT POINTS FROM THE DEFINITION
TYPES OF HUKM AL-SHAR’I:
a. HUKM TAKLIFI
[The Obligation-creating Hukm]
b. HUKM WAD’I
[The Declaratory Hukm]
THE MEANING
Derived from the root word of [ ]which literally means
command and technically means rule.
”“
A communication from Allah, relating to the acts of those
persons who are subject of law, by way of demanding them
to do or not to do ( iqtida’) or giving them a choice for its
performance (option or takyir) or declaring a thing to be the
cause or condition or impediment or azimah and rukhsah,
or valid, invalid or void (declaration or Wadie)
IMPORTANT POINTS FROM THE DEFINITION
A communication from Allah
The hukm is a communication from Allah, not a mere command. A
communication from somebody else cannot be treated as a “hukm”.
The word wad’ie means to place, put down or lay down. In the
defination, it stands for the declaration of a thing by the lawgiver
to be a cause (sabab) or a condition (shart) or impediment
(mani’), azimah &rukhsah, and valid, invalid and void.
Example:
()
O you who believe! Fulfill (your) obligations.
[al-Maidah: 1]
IMPORTANT POINTS – CONT’D
A non-binding demand for commission of an act: Nadb
(Recommendation)
Example:
()
It is a communication from the Messenger of Allah which demands a
commission of offering 2 rakaat before Maghrib.
Example:
()
And come not near to the unlawful sexual intercourse. Verily, it is a Fahishah [i.e.
anything that transgresses its limits (a great sin)], and an evil way. [al-Isra’: 32]
()
It is a communication from the Messenger of Allah which demands an
omission of eating while resting on something.
ههه
Allah forbids children disrespecting your mothers (parent), and forbids from burying
your daughters alive, and forbids taking and giving something that you are not
eligible to, and Allah also discourages (makruh) you from three things; talking
nonsense, asking so many questions and wasting your property.
*
IMPORTANT POINTS – CONT’D
The hukm may grant an option or a choice to the
subject
()
Then when the (Jumu'ah) Salat (prayer) is finished, disperse through the
land, and seek the Bounty of Allah (by working, etc.) [al-Jumu’ah: 10]
Example:
Possession of a minimum amount of wealth (nisab): the cause (sabab) for
the obligation of paying zakah.
Having retained the wealth for a hijri year (hawl): a condition (shart) for
the hukm – obligation.
a. Hukm Taklifi
[The obligation-creating hukm]
b. Hukm Wad’i
[The declaratory hukm]
HUKM TAKLIFI - THE OBLIGATION-CREATING HUKM
The obligation-creating rule can be viewed in Islamic Law from two
different perspectives:
every one of you who is present (at his home) during that month
should spend it in fasting.
There are two types of sabab:
a. Within the control of the mukallaf such as the birth or
committing theft,
b. Beyond his power such as sighting the moon obligates fasting.
Shart (condition):
The pre-requisite whose absence necessitates the absence of the
Hukm taklifi but its presence does not obligate the hukm, such as
wudu’ (ablution) for the prayers.
HUKM WAD’I - THE DECLARATORY HUKM (cont’d)
Mani' (obstacle):
A condition or set of facts that prevent the Hukm from being applied
even if the cause is found and the condition is met.
E.g.: Difference of religion is the Mani‘ for inheritance and debt
negates the obligation of zakat.
Sahihah (validity), fasid (vititation) and butlan (nullity)
An act that is obligatory, recommended or permissible may be
required to be performed in a certain manner by the lawgiver. If the
act is performed properly it is deemed as valid (sahih) otherwise it
is null and void (batil).
Hanafi
Ibadat …same result
Mu’amalat…different result
'Azimah and Rukhsah (Initial rules and exemptions/concession)
] 43[
] 101[
THE DIFFERENCES
Hukm Taklifi Hukm Wad’i
()
Cut off (from the wrist joint) the (right) hand of the thief, male or
female, as a recompense for that which they committed, a
punishment by way of example from Allah
[al-Maidah: 38]
The hukm is the obligation (hukm taklifi) to cut off the hand, the
cause (hukm wad’i) for it is theft. Both occur in the same text.