Command-Prohibitions Wajib: 1.the Obligatory (Wajib, Fard)
Command-Prohibitions Wajib: 1.the Obligatory (Wajib, Fard)
Command-Prohibitions Wajib: 1.the Obligatory (Wajib, Fard)
Defining law- locution or communication of the lawgiver addressed to the mukallaf which
consist of demand or an option.
It occurs in the five varieties:
1. Wajib (obligatory)
2. Mandub (recommended)
3. Haram (forbidden)
4. Makruh (abominable)
5. Mubah (permissible)
Refers to the imperative and binding demand of the lawgiver addressed to mukallaf in
respect to doing something.
ard- if the command is conveyed in a clear and definitive text or obligatory in first
F
degree
Examples: hajj, obedience to parents
Divisions of wajib
3. Wajib Muwaqqat (contingent to time limit) obligations which are observed within
specified time
Examples: fasting and the obligatory salah
4. Wajib kaffarah (absolute wajib) obligations which are not time bound and performed
during ones lifetime.
Examples: hajj. Obedience to parents
5. Quantified wajib
Examples: payment, prescribed penalties bc they were quantified
Failure to discharge constitute liability on the person of the individual
6. Unquantified wajib refers to one's duty to support one's relative, charity to the poor,
feeding the hungry, paying a dower ….
Failure to discharge does not constitute personal liability.
2. Recommended (mandub)
It connotes the demand of the lawgiver which asks the mukallaf to do something which is,
however, not binding on the latter.
Examples are Doing charitable endowment, giving alms to the poor, fasting on days
outside ramadan, attending the sick.
2 types of Sunnah
3. Forbidden (haram
It is the obligatory demand of the law giver with respect of abandoning something that may
be derived from definitive or speculative proof.
1. TXT MAY DEARLY USE THE WORD HARAM OR ANY OF ITS DERIVATIVE.
Forbidded to you are the dead carcass, blood and pork, God permitted sale but
prohibited usury.
2. MAYBE CONVEYED IN OTHER PROHIBITORY TERMS WHICH REQUIRES THE
AVOIDANCE OF CERTAIN FORM OF CONDUCT. Slay not the life that God has made
sacrosanct, save in the course of justice and devour not ones property in defience of the
law.
3. COMMUNICATED IN THE FORM OF COMMAND TO AVOID CERTAIN FORM OF
CONDUCT
4. COMMUNICATED THROUGH EXPRESSION SUCH AS IT IS NOT PERMISSIBLE OR
IT IS UNLAWFUL
5. IDENTIFIED BY THE ENACTMENT OF PUNISHMENT OR A CERTAIN FORM OF
CONDUCT.
2 types of Haram
1. Forbidden for its own sake (li-dhatih)- theft, murder, adultery, marrying a close
relative and performing salah without ablution. It is forbidden for their inherent enormity.
2. Forbidden because of something else (li-ghayrih) originally lawful but has been made
unlawful owing to the presence of certain circumstances. Example marriage which is
contracted for the sole purpose of tahil that is in order to legalise another intended
marriage.
4. Abominable (makruh)
Demand of the lawgiver which requires the mukallaf to avoid something but not in stick
prohibitory terms.
The perpetrator of something makruh is not liable to punishment he does not incur moral
blame.
2 types
1. Makruh tanzihi- nearer to mubah than haram. its commission is not punishable, its
omission is rewarded.
2. Mukrah tahrimi- nearer to haram, an act is haram when decreed in definitive words
otherwise Mukrah Tahrimi.
5. Permissible (mubah)
Communication from the lawgiver concerning the mukallaf which gives him the option to
do something or not.
3 types of Mubah
1. One which does not entail any harm to individual whether he acts upon itt or not.
2. Commission that does not harm individual although it is essentially forbidden.
3. Mubah for lack of alternative.