4. Classification of Islamic Law presentation.pptx

Law

1. Classification of Rule of Islamic LAW Classification: Obligatory Act Recommended act Disliked Act Prohibited Act Permissible. Obligatory Act: An act whose commission is demanded by the lawgiver in strict and binding sense. The binding and certain nature of the demand can be inferred from the syntax of the statement in which the demand is expressed. It includes many acts like offering the prayer, payment of Zakat.

2. Classification of Rule of Islamic LAW Classification: Obligatory Act Recommended act Disliked Act Prohibited Act Permissible. Obligatory Act: An act whose commission is demanded by the lawgiver in strict and binding sense. The binding and certain nature of the demand can be inferred from the syntax of the statement in which the demand is expressed. It includes many acts like offering the prayer, payment of Zakat.

3. Classification of Rule of Islamic LAW Rule for the Wajib: Reward for performance. Punishment for Omission Imputation of kufr for denial. (only in case of Fard and not in case of Wajib if both are differentiated.) No imputation of Kufr for a person who denies the Wajib. Fard is the demand derived from definitive evidence. Wajib is derived from probable evidence. If someone does not recite Quran in prayer, his prayer is void as it has definitive demand from Quran that Quran must be recited in the prayer. But if only Surah Fatiha has not been recited that does not invalidate the prayer as this rule has been derived from a saying of the Holy Prophet which is based on report of a single person or that is Khabr Wahid.

4. Classification of Rule of Islamic LAW Classification of Wajib on the basis of time: Primarily Wajib is divided into 2 types: Wajib Mutlaq Wajib Muqayyad or Muwaqqat Wajib Mutlaq Its performance has been demanded by the lawgiver in binding terms but he has not fixed a time for its performance. Rule for this obligatory act is that he can perform it whenever he wants. Expiation (Kaffarah) is an example of this type of obligatory act. If someone breaks an oath he is bound to pay the Kaffarah but there is no restriction with respect to time, he can pay whenever he desires.

5. Classification of Rule of Islamic LAW Classification of Wajib on the basis of time: Wajib Muqayyad or Muwaqqat (Obligatory act limited by time). “it is an obligatory act demanded by the lawgiver from the subject for which a time period is also determined, having a beginning and an end”. Examples include Five daily prayers, Hajj and Fasting during Ramzan. It is further divided into two types, i.e. performance of act within time and time available for performance, We will discuss both sub divisions.

6. Classification of Rule of Islamic LAW performance of act within time It is further divided into following categories: Tajil. It is an obligatory act which is required to be performed as soon as possible. E.g. Sadqat ul Fitr before Eid prayer. ADA: Obligatory act required to be performed on time. E.g. Prayer Iadah: If obligatory act has not been properly performed and the person repeats it to perform properly. E.g. prayer performed with Tayamum can be repeated if clean water becomes available within time. Qaza: Performance of Obligatory act after the fixed time. It is acceptable if subject has lawful excuse. As per majority jurists if someone forgets or misses the act on time because of sleep. This rule does not accommodate those who intentionally miss the fixed time.

7. Classification of Rule of Islamic LAW Time available for performance: Wajib has three types as per this sub division: 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. The time for the act is called Zarf by the Hanfi Jurists. Example is of Zuhr Prayer. The subject is permitted to perform the required act in any part of this period. If the subject wants to perform this obligatory act then vital role is played by intention (Niyat) as there is possibility that if a subject does not perform in early time and then he is unable to perform in the later time because of some lawful excuse. In such a situation intention will be a determining factor for reward or punishment. Wajib Muddayaq : It is an obligatory act for which sufficient time has been provided by the lawgiver for single performance. E.g. Fasts of Ramzan, Maghrib Prayer etc. Wajib Dhu Shibayn : Obligatory act having extra time with one aspect while sufficient time with another aspect. An example is Hajj as it has extra time as well as sufficient time.

8. Classification of Rule of Islamic LAW Classification of Obligatory act based on the extent of required act: There are two types: Wajib Muhaddad (Determinate): It is an act whose amount or extent has been determined by the Lawgiver. An example can be given of five daily prayers or Amount of Zakat. The rule for this kind of act is that it becomes due as liability as soon as its cause is found. There is no need for some order or judicial verdict to be performed. The subject is not absolved from the liability unless he performs it as required by the lawgiver. Wajib ghayr Muhaddad (Indeterminate) It is an act whose amount or extent has not been fixed by the lawgiver. An example is spending in the way of Allah, feeding the needy or hospitality of guests. Rule for such obligatory act is that it depends upon the willingness of the subject or some times it becomes liability by order of the court. Can Wajib Muhaddad be converted into Ghayr Muhaddad and vice versa?

9. Classification of Rule of Islamic LAW Classification of Obligatory act based on the subjects who are required to perform the act: It has following two types: Wajib ayni (Universal obligatory act): it is demand by the lawgiver from each subject and each subject with legal capacity to perform the act is under obligation to perform individually e.g. Hajj, Zakat, Prayers and Fasting. The rule for such act is that the subject is not absolved from the liability even if rest of the complete world has performed it. Subject is bound to do individual performance. Wajib Kifai (Communal obligatory act): it is an act whose performance is required from the whole community and not from the each individual. Examples include jihad, offering Janaza Prayer, Treatment of patients etc. The rule for this obligatory act is that if it is performed by some individuals of the society then rest are not under obligation to perform it. But if it is not performed by anyone then whole community is liable for blame. Can Wajib Ayni change into Wajib Kifai and vice Versa?

10. Classification of Rule of Islamic LAW Classification of Obligatory act based on the object of required act: This obligatory act is divided into following two types: Wajib Muayyan (Specified obligatory Act) It is an obligatory act whose specific performance is required. There is no choice with respect to the nature or way of performance. It has to be performed as it has been demanded by the lawgiver. The examples are Fasting etc. Wajib Mukhayyar (Obligatory Act with an option as to its performance): This type of act is not required to be specifically performed but one act is required out of several determined acts. Example is Kafarrah for breaking an oath is either to Feed ten needy persons or Providing them clothes or Free a slave. Subject has been given choice that if he is unable to perform one act he can perform the other. When one act is performed out of many then subject is absolved from the liability.

11. Classification of Rule of Islamic LAW Mandub (Recommended Act): Meaning and its types: It can be defined as the “demand by the lawgiver for the commission of an act without making it binding and without assigning any blame for its omission”. Sometimes non binding nature of the demand is inferred from the syntax and sometimes it is inferred from other independent sources. Types: Mandub has 3 types: Sunnah Muakkadah Sunnah Ghayr Muakkadah Sunnah Zawaid

12. Classification of Rule of Islamic LAW Mandub (Recommended Act): Sunnah Muakkadah (the emphatic recommended act): it is a recommended act that was persistently performed by the prophet and he did not give up the persistent performance except on some occasions. It has further two types: Sunnah Muakkadah that complements Wajib: it is of higher importance and it goes near to obligatory act. Example is of Azan. Rule for such Sunnah is that though it does not reach to the level of Punishment but the person who gives up this Sunnah is liable to some blame. If an individual completely gives it up, he is liable to loose his moral probity, which may in turn result in the rejection of his testimony. If a complete town gives up this Sunnah then that town exposes itself to civil and military action. The reason is that these acts are part of fundamental practice (sha’air) of Islam. It is also principle of Islamic Law that an act essential for completing an obligatory act becomes an obligation in itself.

13. Classification of Rule of Islamic LAW Mandub (Recommended Act): Sunnah Muakkadah (the emphatic recommended act): II. Sunnah Muakkadah that does not complement Wajib: It is also very important Sunnah and supposed to be followed in ordinary circumstance. Examples include two Rakas before Fajr Prayer or after Zuhr, Maghrib or Isha prayer. There is reward for its performance but no punishment for non performance. The person who gives it up is liable to some blame but he is not liable to loose his moral probity. If a town gives it up, they are not supposed to be subject of civil or military action as it does not form part of fundamentals of Islam.

14. Classification of Rule of Islamic LAW Sunnah Ghayr Muakkadah (Non-emphatic recommended act) It is an act which was not persistently performed by the Holy Prophet. Holy Prophet performed it several times and did not perform on many occasions. The example of this Sunnah is Four Rakas before Asr and Isha Prayer. The rule for this type of act is that there is reward for performance but there is no blame or punishment on non performance. Sunnah Zawaid: This term is used by some jurists for the acts of the prophet pertaining to ordinary daily tasks as human being like his dress, food and drink, as well as his dealings with his family members. The rule for such act is that one who adopts them seeking to follow the prophet’s example, out of love for him, is to be rewarded. The person who does not adopt them is not blameworthy in any way.

15. Classification of Rule of Islamic LAW Prohibited Act it is the act whose omission is required in certain and binding terms and there is punishment on performance. As per majority of the jurists it is of one type whether it is based on definitive or probable evidence. But as per Hanfi jurists if rule of prohibition is based on definitive evidence then it will be considered prohibited and if it is based on probable evidence the it will fall in disliked act which is nearer to Haram. Rule for prohibited act is : Reward for omission Punishment on performance Imputation of kufr in case of denial. (as per Hanfi jurists imputation of kufr will only be applicable if rule has been derived from definitive evidence). The demand for the prohibited act can be inferred directly from the text or syntax of evidence. Examples of prohibited act include Eating of carrion. Infanticide. Marriage with mothers or step mothers False evidence The Misappropriation of another’s wealth. Murder Unlawful sexual intercourse.

16. Classification of Rule of Islamic LAW Prohibited Act Evidences of Prohibited Act: Forbidden for you is dead meat. (Quran 5:3) Do not kill your children on plea of want. (Quran 6:151) Prohibited to you are your mothers. (Quran 4:23) And marry not women whom your father married. (Quran 4:22) And shun the word that is false (perjury). (Quran 22:30) And do not eat up your property among yourselves for vanities. (Quran 2:188) If a man kills a believer intentionally, his recompense is Hell to abide therein. (Quran 4:93) Do not go near to unlawful sexual intercourse, for it is a shameful deed. (Quran 17:32) The communication in all above texts is in binding sense and this is clear either from the word prohibition or from the negation of permissibility or from the demand for the avoidance of the act.

17. Classification of Rule of Islamic LAW Types of Haram or Prohibited Act: It is divided into two types: Haram li- dhatihi (Prohibited for itself) Haram li- ghayrihi (Prohibited for an external factor) Haram li- dhatihi (Prohibited for itself): It is a prohibited act which is declared prohibited ab initio and right from the start. There is no role of external factor in this category. Examples of this category are unlawful sexual intercourse, theft, selling or eating of carrion. The rule for this category is that it is not permissible ab initio and if the subject commits such an act, there will be no beneficial legal effects or gains desired. Thus, unlawful sexual intercourse cannot lead to establishing of paternity or claims of inheritance. Theft cannot be a reason for claim of ownership nor selling of carrion can lead to ownership.

18. Classification of Rule of Islamic LAW Types of Haram or Prohibited Act: Haram li- ghayrihi (Prohibited for an external factor): It is a prohibited act that was not initially prohibited and was lawful originally but an external factor intervened and led it to its prohibition. Its examples is transaction of sale with interest, sale is legal in itself but a condition imposed in it that charges interest leads to its prohibition. The rule for this type of prohibition is that the act is valid in itself , if it is possible to remove the obstructing factor then the act may be declared valid. The effect of such external factor is that it does not make the transactions void but fasid (irregular) and such transactions can be validated by removing the illegal external factor.

19. Classification of Rule of Islamic LAW Types of Haram or Prohibited Act: Difference between both types of Haram: When the act prohibited for itself becomes subject matter of a contract, the contract is void, that is it will have no legal effects. As compared to this when an act prohibited for external factor becomes subject matter of a contract, it is not void but that valid with vitiated effect with suspended legal effects. Such contract can be validated or declared void. The act prohibited for itself cannot be permitted for ordinary reasons. Consumption of Alcohol can only be permitted in case idtirar. It is permitted in a situation when a person is dying of thirst and logic behind this is that preservation of life is a vital interest secured by Shariah. On the other hand a prohibited act due to external factor can be permitted because of dire need to the extent of need. Exposing private parts of body are prohibited not for itself but for what it leads to i.e. immorality etc. It is, therefore, permitted to uncover these parts in case of dire need, as when it is necessary for medical treatment.

20. Classification of Rule of Islamic LAW Disliked or Disapproved act (Makruh) and its Types: Disliked is divided by Hanfis in 2 types: Makruh Tehriman Makruh Tanzihan Makruh Tehriman: It is called abominable or reprehensible as it is closer to Haram. This type of act is opposite to Wajib according to Hanfi school of thought. Its omission has been demanded by the lawgiver in certain and binding terms through a probable evidence. Its example is making a proposal for marriage where the proposal of another is awaiting response. It also includes making an offer for sale where offer of another is already pending. Each of these examples have been established through probable evidence and i.e. Khabr Wahid. The rule for this type of Makruh is punishment for denying, Though not Imputed with Kufr.

21. Classification of Rule of Islamic LAW Makruh Tanzihan It is simple disapproved act and majority of the jurists believe that this is the only category of disapproved act. As per majority jurists Makruh Tehriman is prohibited but that category has been introduced by the Hanfi jurists. Rule for this type is reward for omission but no punishment for performance. In a verse of Holy Quran it has been suggested not to do business at the time of Friday prayer but that does not amount to prohibition. There is also a view of many school of thoughts if a disapproved act is committed as a whole and continuously that can be considered as prohibited. This means that a person should not develop habit of indulging in disapproved acts.

22. Classification of Rule of Islamic LAW Mubah (Permitted Act): It is the act in which lawgiver has granted choice of commission or omission. It is usually mentioned in the texts with the words “there is no harm for you” or “it is no sin for you”. It is based on the Maxim of Islamic Law “ the original rule for all the things is permissibility”. As per this rule all contracts and transactions are permissible unless prohibited or declared disapproved by some other evidence. It has been well explained by a jurist Al- Shatibi and he is of the view that a moderate attitude of the subject is required to deal with the rules falling in this category. For example it is permitted to eat but if a person over eats that is dangerous for his health and if some one does not eat at all that is also dangerous for him so a moderate attitude is required.