Principles of Islamic Jurisprudence by MH kamali

Principles of Islamic Jurisprudence by MH kamali

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Unformatted text preview: the two. This type of hukm occurs in the well-known five categories of wajib (obligatory), mandub (recommended), haram (forbidden), makruh (abominable) and mubah (permissible). Declaratory law is also subdivided into the five categories of sabab (cause), shart (condition), mani' (hindrance), `azimah Principles of Islamic Jurisprudence ~ Kamali 279 (strict law) as opposed to rukhsah (concessionary law), and sahih (valid) as opposed to batil (null and void). [6. Khallaf, `Ilm, p. 101; Qasim, Usul, p. 213.] I. Defining Law (al-hukm al-Taklifi ) We shall discuss the defining law and its various sub-divisions first. As stated above, `defining law' is a locution or communication from the Lawgiver addressed to the mukallaf which consists of a demand or of an option; it occurs in the five varieties of wajib, mandub, haram, makruh and mubah. We shall discuss each of these separately, as follows. I.1 The Obligatory (Wajib, Fard) For the majority of ulema, wajib and fard are synonymous, and both convey an imperative and binding demand of the Lawgiver addressed to the mukallaf in respect of doing something. Acting upon something wajib leads to reward, while omitting it leads to punishment in this world or in the hereafter. The Hanafis have, however, drawn a distinction between wajib and fard. An act is thus obligatory in the first degree, that is, fard, when the command to do it is conveyed in a clear and definitive text of the Qur'an or Sunnah. But if the command to do something is established in a speculative (zanni) authority, such as an Ahad Hadith, the act would be obligatory in the second degree (wajib). The obligatory commands to perform the salah, the hajj, and to obey one's parents are thus classified under fard, as they are each established in a definitive text of the Quran. But the obligation to recite sura al-Fatihah in salah, or to perform salat al-witr, that is, the three units of prayers which conclude the late evening prayers (salat al-'isha'), are on the other hand classified under wajib, as they are both established in the authority of Hadith whose authenticity is not completely free of doubt. A Muslim is bound to do acts which are obligatory either in the first or in the second degree; if he does them, he secures reward and spiritual merit, but if he willfully neglects them, he makes himself liable to punishment. The difference between the two classes of obligations, according to the vast majority of the jurists, including the Hanafis, is that the person who refuses to believe in the binding nature of a command which is established by definitive proof becomes an unbeliever, but not if he disputes the authority of an obligatory command of the second degree, although he becomes a transgressor. Thus to neglect one's obligation to support one's wife, children and poor parents amounts to a sin but not to infidelity. Mabahith, p. 63; Qasim, Usul, p. 216; Abdur Rahim, Jurisprudence, p. 197.] Principles of Islamic Jurisprudence ~ Kamali 280 [7. Abu 'Id, Another consequence of the distinction between fard and wajib is that w...
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This note was uploaded on 04/13/2013 for the course ISLAM 101 taught by Professor Islam during the Spring '13 term at Harvey Mudd College.

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