6.

Elaborate on the classifications of Hukum Taklifi and hukum Wadhie based on the views of the
fuqaha with examples from the holy Quran and Sunnah of the Prophet SAW.

In Islamic jurisprudence, hukum taklifi and hukum wadhie are two classifications based on the
nature of the legal ruling (hukum) associated with a particular action or matter. These classifications are
derived from the interpretations of Islamic scholars (fuqaha) and are essential for understanding the
obligations and recommendations in Islam.

1. Hukum Taklifi (A speech / communication from Allah concerning the conduct of mukallaf through a
demand or an option):

a. Wajib (Obligatory): Actions that are required in Islam and must be performed. Failure to do so
may result in sin or punishment.
Example: The five daily prayers (Salat) are wajib upon every adult Muslim.

b. Mandub (Recommended): Actions that are encouraged and recommended, but not obligatory.
Performing them is rewarded, but neglecting them is not sinful.
Example: Offering voluntary prayers (Sunnah or Nafl) beyond the obligatory ones is
mustahabb.

c. Haram (Forbidden): Actions that are strictly prohibited in Islam, and engaging in them is sinful.
They may incur punishment or divine displeasure.
Example: Consuming alcohol and engaging in riba (usury) are haram in Islam.

d. Mubah (Permissible): Actions that are neither obligatory nor forbidden. These are neutral
actions and can be engaged in without any legal consequence.
Example: Eating most types of food, provided they are halal, is considered mubah.

e. Makruh (Discouraged): Actions that are not sinful but discouraged in Islam. Engaging in them
may lessen one's reward, and avoiding them may lead to a reward.
Example: Eating garlic or onions before attending the mosque, which may cause unpleasant
odors, is considered makruh.

2. Hukum Wadhie (Communication from Allah which is related to the acts of the subjects in a manner
that is declaratory. This is accommodate the rules that cannot be classified under the obligation creating
rules):

a. Sabab (Cause): It has been identified by Allah as a necessity for the presence of the hukm in
which its absence makes the hukm absent as well. The act may be within or beyond the
capacity of the mukallaf.
Example for sabab which is not dependent on the act of the subject : “Establish regular prayers
at the sun’s decline” (al-isra’: 78). In this verse, the decline of the sun has been declared to be
the cause (sabab) of offering the noon prayer.
Example for sabab which is depended on the act of the subject and within its power to bring it
about : “As for the thief -male or female- cut off the hands of both. This is a recompense for
what they have done, and an exemplary punishment from Allah… (al-maidah : 38).
 In this verse, the act of stealing has been declared to be the cause of offering the punishment
for it.

b. Shart (Condition): It has been defined as a thing upon which depends the existence of another
thing and it is not a component part of it. It is a quality which is addition to the essence of the
object of condition. It absence does not mean the non-existence of the other thing and its
presence does not entails its existence.
Example: An ablution is a shart (condition) for a valid prayer. Its absence entails the prayer to
become void based on hadith “there is no solat for those who have no ablution”.
However, it does not necessarily mean that the xistence of ablution (shart), he has to pray (the
existence of solat)
i. Al-Shart Al-Shar’I : where a condition is laid down or stipulated by the Lawgiver (al-
Quran and as-Sunnah). Eg; the presence of two male witnesses in a contract (‘aqd) of
marriage is a condition (al-Baqarah : 282)
ii. Al-Shart Al-Ja’li : a condition which is stipulated by the Mukallaf. Eg; condition
stipulated by a husband in ta’liq pronouncement

c. Maani’ (Impediment): It is a barrier between an injunction and the requirement of its cause. It
indicates that its existence invalidates sabab or hukm.
Example: the distinction between the religion of the deceased and that of his heirs is an
impediment(killing) for the inheritance. If the deceased is a Muslim, and his relatives who are
his legal heirs are non-Muslims, they cannot inherit from his property. It shows that
inheritance is a hukm, and kinship is its sabab, and the distinction of religion is an impediment
to the effect of inheritance.

d. Sahih (Valid) and Batil (Void): The classification is made based on compliance with essential
requirements (arkan) and conditions (shart) of al-Ahkam. When all these are fulfilled, the act is
valid. If these are not fulfilled, the act is void.
Example: The prayer will be valid according to the completed requirements and condition of
the prayer or it will be void if its not completed.

e. ‘Azimah (Initial Rules) and Rukhsah (Exemptions):

- ‘Azimah is the hukm that Allah had intended in the first place without any softening for
any reason.
Example: solat five times per day is an obligation for every mukallaf even if they are sick or
disabled, without any excuses to avoid from perform solat.
- Rukhsah is ease of facility. Technically, rukhsah is the law that embodies the exception in
order to lift/alleviate the difficulties.
Example: individuals who have difficulty standing for the entire solat due to illness or
physical limitations can pray while sitting, and if still can’t then lying on your side or on
your back

Types of rukhsah according to al- Shafie

 Rukhsah wajibah
  Rukhsah mandubah
 Rukhsah mubahah
 Rukhsah khilaf al-awla

CLASSIFICATION OF WAJIB

1. Based on the time available for performance

i. Wajib Mutlaq : performance has been demanded by Allah, but He has not
fixed the definite time for its performance
Eg : the payment of expiation (kafarat) and the payment of nazar for fasting
sometimes in the future
- The subject may perform the act whenever he likes, but if he can do so he
may pay kafarah whenever he likes.
ii. Wajib Muqayyad : the performance have a beginning and an end

First division :-
 Ta’jil : if permitted by Allah, amounts to perform in time. eg, the early
payment of the zakat al fitr

 Ada’ : the time that Allah has fixed for it, without there being shortfail
in such performance. eg, the daily prayers
- If the act not properly perform and is repeated within the time and is
properly, it is called I’adah (repetition). eg, a person praying with
tayammum and finds water, then perform ablution and prays again
within time.
 Qada’ : the jurist agree that one who misses the determined time is
obliged to offer the act of qada’ and if they delay was without the
valid excuse, he is liable for blame.
- the excuse only to the one who forgot or one who misses the act
because he was asleep not for those who intentionally misses it. eg,
offering subuh prayer after the sun has risen.

Second division :-
 Muwassa’ : obligatory act with extra time to perform itself and others.
eg, five time daily prayers
 Mudayyaq : obligatory act with time sufficient for a single
performance (only itself and for no others). eg, fasts during Ramadhan
 Zu shibhayn : obligatory act with extra time from one aspect and
sufficient time from another. eg, performing Hajj. It can be performed
once in a year in known months. But it permits the subject to perform
act like tawaf a number of time during this period. Its means you can
add sunnah tawaf in it.
 Wajib muwassa is not valid without niyyah because the acts
has to be identified (sbb boleh buat byk act dlm masa yg
ditentukan)
  Wajib muqayyad is valid with a general niyyah or even the
niyyah for another act of the same kind. The niyyah will be
redirected towards the act for which the time is just sufficient

2. Based on the extent of required act

i. Wajib muhaddad : A duties which have been assign with a specified amount
ii. Wajib ghayr muhaddad : A duties which have not been assign with a specified
amount

3. Based on the subjects who are required to perform

i. Wajib ‘ayni : a demand by the Law giver from each subject, or each subject
with legal capacity for the act (obligation personally for each individual). eg,
prayer, fasting, hajj, zakat
ii. Wajib kifa’I : an act whose performance is required from the whole
community and not from each individual. eg, jihad, answering salam

CLASSIFICATION OF MAKRUH

 According to Hanafi :-
 Makruh tanzihan
 Makruh tahriman

CLASSIFICATION OF MANDUB

1. Sunnah mu’akkadah : the emphatic recommended act that was persistently performed by the
Prophet saw
i. Sunnah mu’akkadah that complements and completes wajib. Performing it is rewarded
and blame for giving it up. If it is totally omitted, lose his ‘adalah (moral probity). eg:
azan
ii. Sunnah mu’akkadah that does not complements and completes wajib. Performing it is
rewarded and blame for giving it up but does not lose his ‘adalah if it is total omitted.
eg: 2 rakaat before fajr prayer or after zuhr, maghrib an isya’

2. Sunnah ghayr mu’akkadah : non - emphatic recommended act that was not persistently
performed by the Prophet saw. Performing it is rewarded and omitting it entails no blame or
penalty. eg: 4 rakaat before asar and isha and giving sadaqah to poor.

3. Sunnah zawa’id : the acts of our Prophet, which had no relation to his preaching or message.
They are rather his actions that he did as human being. eg: his dress, food and drink,…

CLASSIFICATION OF HARAM

1. Haram li-dhatihi : prohibited for itself

 The act that is prohibited for itself and there is no external factor(factor luaran)
intervened(campur tangan) and led to prohibition. Eg; unlawful sexual intercourse, theft,
consumption of liquor
 The rule for this category is not permissible and if the subject commits such an act,
there will be no beneficial legal effects or the gains desired.
2. Haram li-ghayrihi : prohibited for an external factor
The act that is prohibited due to an external factor was not prohibited initially, and was legal
itself, but an external factor intervened and led to prohibition. Eg; fasting in Eid Fitr, sale that
involve riba
 The rule for this type is the act is valid itself, if it is possible to remove the obstructing
factor then the act may be declared valid