Hukm Taklifi
Lecture #2
Hukm Taklifi
it is explained in two perspectives.
1. Usuli (specialist of Usul al-fiqh)
“The demand of the lawgiver requiring the subject to perform or omit an act or to have a
choice between commission and omission”.
2. Faqih (specialist in Fiqh)
“the legal attribute of the acts of the subject after the demand of the law giver requiring its
commission or omission or to His granting choice between commission and omission”
Hukm Takilifi near majority of Jurist:
Hukm Taklifi near Hanafis
Evidence
Definitive Probable
Non-
Binding
Fard Binding
Terms
Terms
Haram Wajib Mandub
Karah al Karahat al
Tahrimi Tanzih
Wajib
• The term Wajib means an act, the performance of which is obligatory for
the subject.
• In technical sense, it is an act whose commission is demanded by the
lawgiver in certain and binding terms.
Classification of Wajib
Ta’jil
Mutlaq
Ada
1st
Wajib I’adah
Muwassa
Muwaqqat Qada
2nd Mudayyaq
Dhu Shibhayn
Classification based on time available:
• Independent of time: • Limited by time:
Act whose performance has been Obligatory act, whose time period is
demanded by the Lawgiver, but He determined by the Lawgiver having
has not fixed a definite time for its a beginning and an end
performance. It is also known as wajib muqayyad.
It is also known as wajib mutlaq.
Obligatory act limited by time:
First division
1. Ta’jil:
also known as early performance. Like early payment of sadaqat al fitr.
2. Ada
Also known as timely performance, that is the time that the Lawgiver has fixed for it. In
case the act hasnot been performed properly and is repeated within time, its called I’adah
(repetition).
3. Qada
It is the performance of an obligatory act after the time fixed for it by the lawgiver.
Obligatory act limited by time:
Second division
1. Wajib Muwassa (obligatory act with extra time)
It is an act for which the time given by the Lawgiver is enough for this act and others like it.it is also
known as Zarf near Hanafis.
2. Wajib Mudayyaq (act with sufficient time for single performance):
It is an act for which the time granted by the Lawgiver is just enough for its performance and for no
other.
3. Wajib dhu Shibhayn (act with extra act from one aspect and sufficient from
other):
Act that can be performed once ina time period, yet it permits other acts.
Classification based on extent of required act:
• Determined obligatory act: • Indeterminate obligatory act:
• It is an act whose amount or extent • Act whose amount or extent has
has been determined by the been fixed by the Lawgiver.
Lawgiver.
Classification based on subjects who is
required to perform the act
Universal obligatory act Communal obligatory act
• it is demanded by the Lawgiver from • Act whose performance is required
each subject, or each subject with from the whole community and not
legal capacity for the act to perform. from each individual.
• The individual is not absolved of the • If performed by some individual in
liability even if some other person the community, the rest are no
have performed the act. longer liable for it.
Classification based on the identification of
the object of the required act
Specified obligatory act Unspecified obligatory act
• It is an act that is required by the • Act that is required by the
Lawgiver specifically, there is no Lawgiver not as a specific act, but
choice in it with respect to the act as one out of several determined
to be performed. acts.
• Subject is not free from its • When one is performed, the
liability without specific subject is absolved of liability.
performance.
Mandub (Recommended Acts)
• It is “a demand by the Lawgiver
Sunnah
for the commission of an act Mu’akkadah
without making it binding and
without assigning any blame for Mandub
Sunnah Ghayr
Mu’akkadah
its omission.”
Sunnah
Zawa’id
Types of Mandub
1. Sunnah Mu’akkadah:
It is recommended act that was persistently performed by Prophet (PBUH). He didn’t
give up its performance , except in some occasions.
it is neither fard nor wajib, but is very close to wajib.
Neglecting Sunnah Mu’akkadah can be sinful some time.
Types of Mandub
Sunnah Ghayr Mu’akkadah Sunnah Zawaid
• The recommended act that is not • This term is used for act of Prophet
emphatic is called Sunnah ghayr (PBUH) pertaining to daily tasks as a
mu’akkadah. human being.
• It was an act that wasn't performed • Person following it with intent to
persistently by Prophet (PBUH). follow Prophet (PBUH), out of love ,
• One who performs it entitled to reward, will be rewarded.
but one who doesn’t is not subject to • One who doesn’t follow will not be
blame. blameworthy.
Mubah (Permitted Act)
• The act is one in which the Lawgiver has granted a choice of commission
and omission, without blame or praise for commission or omission.
• It is also called halal.
• Anything that is not expressly prohibited or considered abominable by the
shariah is permissible.
Haram (Prohibited Act)
• Act whose omission is required by the
Lawgiver in binding and certain terms.
• The source is definitive.
• If the source is probable but with
binding words, then it will fall under the
category of abominable acts, also known
as makruh karahah al tahrim.
• Rule is imputation of kufr for the person
who denies its legal validity.
Types of Haram
1. Prohibited for itself.
That was declared prohibitory for
itself ab initio, and right from the
start, and not for an external
category.
Rule is, it is not permissible ab initio
and if the subject commits such an
act, there will be no beneficial legal
effects or the gains desired.
Types of Haram
• 2. Prohibited for an external factor
Act that is prohibited due to an
external factor.
It was not prohibited ab initio.
Hanafi placed this category in fasid
not batil.
Makruh (Disapproved act)
• The act that is not approved by the Lawgiver is makruh act.
• Hanafis divided it into two types:
1. Reprehensible
Closer to the category of haram.
Omission has be demanded by the Lawgiver through probable evidence.
2. Disapproved
•Omission is demanded in non binding terms by the Lawgiver.
•Omission is better than commission.
