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Al-Hukm & its categories
1. Definition of al-hukm and its two categories: al-hukm al-taklifi al-hukm al-wad·ie Example of contracts in Islamic finance and banking 2. Definitions of al-hukm, al-hakim, al-mahkum fih dan al-mahkum ¶alaihi Types of al-wajib: Types of al-wajib whether it didn·t has a specific time to perform alwajib al-muwassa·, or not (al-wajib al-mudayyiq), or al-wajib zu alsyabahain) Types of al-wajib whether it has limitation (al-wajib al-muhaddad) or not (ghair al-muhaddad). Al-wajib al-¶ani dan al-wajib al-kifai Explanations about al-wajib, al-mandub, al-haram, al-makruh dan al-mubah.
e.Al-Hukm and its categories The end of fiqh and its root (i. . usul fiqh) is to know the rule of syari·ah (al-hukm alsyar·i). Usul fiqh was seen as enactor of maxims and principle to deduct the syari·ah ruling. Fiqh was seen as deductive process itself by using what was enacted by Usul fiqh.
´The message of Allahµ( ) is His direct saying i. ijma· and other syari·ah proofs to justify the rules. option and legislative (wad·/ ). i. is something emanates from the Prophet (SAW) for lawmaking.e. It was referred back to Allah SWT because of the originality was from Allah revelation to the Prophet. Holy Quran. So sunnah. or by indirect saying i. all messages which were referred back to Him such as sunnah.e. 3: ) .Definition Al-Hukm (rule) from Usuliyyun (Usul fiqh scholars) point of view: The message of Allah which is related to the action of mukallaf in the form of necessity.
. ´necessityµ/ ( ) is the order or the request ( ). and both action are permissible to mukallaf. Other evidences were discloser and revealer to the saying of Allah SWT. either it is the request to do or to quit. either it is the request in the form of compulsory or preferring. ´ Optionµ/( ) : Equalization between doing an action and quitting it without any preference to both of them.Contd ii. Al-Ijma· should be based on the proofs of Holy Quran and sunnah. iii.
or as a hindrance to it. or as a condition towards it.Contd ´al-wad·iµ/( ) : Legislative of something to be as a cause to another thing. .
.e. The hukm syar·i from the text was the carrying out of the contract obligation as a demand to implement. taking interest.Examples: (1 : ) It was syariah rule (hukm syar·i) because it was the saying of Lawgiver which related to the action of mukallaf. (275 : ) The scripture was the syariah rule because it was the saying of Lawgiver which demanded the quitting from practicing the action i.
youngness/juvenility and craziness as a hindrance from any obligation. . : The text was hukm syar·i because it was the saying of the Lawgiver which legislated sleeping.Contd It was the hukm syar·i because it was the saying of Lawgiver which legislated adultery as a cause for the necessity of whipping hundred times to both of male and female adulterers.
and His saying which related to human action but not in the form of necessity. option and legislative (wad·/ ). but according to jurists (fuqaha·) the hukm was the result of the Lawgiver saying. The hukm (rule) in Usuliyyun view was the saying of Lawgiver itself or the text itself.e. what was consisted in the text itself. rule) from Usuliyyun point of view such as His Saying on Himself and His characteristics.e. .Conclusions from the definition given by Usuliyyun The divine texts which were not related to the actions of mukallaf. i. could not be considered as hukm (i.
Example: (275 : ) Usuliyyun: That Lawgiver saying was al-hukm.e. The result of the saying (Athar al-khitab) was the hukm (i. what was mentioned by the text). Jurists: The text was the Lawgiver saying. The hurmah al-riba was the result from that saying. .
Categories of Hukm Syar·i Al-hukm al-taklifi ( ) is something which consists of demand of doing. . or demand of quitting. Al-Hukm al-wad·i ( ) is something which consists of identifying something other as a cause for an effect. or an option between doing and quitting. or hindrance to it. or as a condition toward something else.
distinguish element: Hukm taklifi is a demand either to do or not to do. Hukm wad·i does not consists of that types of demand but consists of what were declared by Lawgiver as a cause. .Distinguish elements between hukm taklifi & hukm wad·i 1st. condition or hindrance to the rule (hukm). or permissibility between doing and not.
Distinguish element: Requested action in hukm taklifi is something could be implement by mukallaf. . either something which could be implement by human. or something which could not be implement. On the other hand.Contd 2nd. hukm wad·i consists of both.
The result of the demand: Prohibition of taking riba. The demand ii. The rule for particular action: Taking riba. . the demanded action under this result Example: The demand: The saying of Lawgiver to avoid riba. The result from the demand iii.Types of Hukm Taklifi Understanding the terminologies: i.
Al-Ibahah ( )// al-ibahah ( ) // almubah ( ) . Al-Karahah ( )// al-Karahah ( ) // almakruh ( ) 5th. Al-Ijab ( )// al-wujub ( )// al-wajib ( ) 2nd. Al-tahrim ( )// al-hurmah( ) // alharam/al-muharram ( / ) 4th. 1st.Types«. Al-nadb ( )// al-nadb ( )// al-mandub ( ) 3rd.
. The consequence of the demand to forbid certain human action is forbiddingness. The consequence of this request is recommendable (al-nadb). The action under this demand is forbidden.Contd Al-Ijab is a demand of Lawgiver to do as a compulsory and obligatory. Al-Tahrim is a demand of Lawgiver to forbid something as a binding and obligatory. The consequence of this demand is binding (al-wujub). The action under this request is recommended (al-mandub). The action under this request is obligatory (wajib). Al-nadb is a demand of Lawgiver to do something as a preference and recommendation.
The consequence of this request is hatefulness/ abominableness (al-karahah). The consequence of the option is optional (al-ibahah). The action under this request is permissible (al-Mubah) . The action under this request is hateful/ abominable (al-makruh).Contd Al-Karahah is a request of Lawgiver to forbid something as a hateful and not a compulsory prohibition . Al-Ibahah is an option given by Lawgiver to the mukallaf between practicing and avoiding the action.
wajib and fard are synonymous. .Wajib & Fard For the majority of ulama. Acting upon something wajib leads to reward. and both convey an imperative and binding demand of the Lawgiver addressed to the Mukallaf in respect of doing something. while omitting it leads to punishment in this world or hereafter.
Al-wajib al-µani dan al-wajib al-kifai . Types of al-wajib whether it has limitation/ quantity (al-wajib al-muhaddad) or not (ghair al-muhaddad). or not (al-wajib al-mudayyaq).Sub-divisions of wajib Types of al-wajib whether it didn¶t has a specific time to perform (al-wajib almuwassa¶).
. E.g.g. Solah. Performing hajj. E. Al-Wajib zu shabahain: is free of any limitation of time but must be done at the limited period in a year. Paying kaffarah Al-Wajib al-Mudayyaq: is contingent on a time limit E. al-wajib al-mudayyaq Al-Wajib al-Muwassa¶: Is absolute wajib which is free of any limitation of time.g.Al-wajib al-muwassa¶. fasting in Ramadhan.
. payment of rent. payment of the price (thaman). the length of standing (qiyam). ghair almuhaddad. Al-Wajib also can be divided to quantified wajib (Wajib Muhaddad) and unquantified wajib (al-wajib ghair muhaddad). mahr. prescribed criminal penalties.al-wajib al-muhaddad. Wajib muhaddad: salat. Wajib ghayr muhaddad: sadaqah. zakat.
Wajib µayni and kifai Wajib µayni: is personal obligation. or on behalf of another person. in principle. It consists of obligations that are addressed to the community as a whole. . It is addressed to every individual himself and cannot. be performed for. Wajib kifai: is collective obligation.
To comply with the demand earns the mukallaf spiritual rewards (thawab) but no punishment if inflicted for failure to perform. Written agreement of debt . E.Mandub (Recommended) Mandub denotes a demand of the Lawgiver which asks the mukallaf to do something which is however.g. not binding on the latter.
which may be founded in definitive or a speculative proof.Haram/ forbidden Haram is a demand of Lawgiver in respect of abandoning something. Makruh tahrimi: .
.Makruh/ abominable Makruh is demand of the Lawgiver which requires the Mukallaf to avoid something but not in strictly prohibitory term.
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