Monday, May 28, 2012

Islam >> TERMINOLOGY OF SHARI'AH'S COMMANDS


Q 1. What does "Istilaah-e-Shar'i" mean?
A. A specified meaning of any word taken by "Shari'ah" is called "Istilaah-e-Shar'i" (technical term of Shariah).
Q 2. How many commands of Shariah are there?
A. The commands of Shariah are of two kinds i.e. "Amr" (command, enjoining good) and "Nahi" (prohibition, forbidding evil). The first kind of Shariah's commands is called "Maamooraat" (commanded duties) and the second kind is called "Manhiyaat" or "Mamnoo'aat" (prohibited things). "Amr-o-Nahi" (commands and prohibitions) are eleven. Of these five are "Amr"(commanded duties, acts) i.e. "Fard" [Farz] (obligatory act), "Waajib" (essential act), "Sunnat-e-Muakkadah"(emphasised Sunnah), "Sunnat-e-Ghair-Muakkadah" (non-emphasised Sunnah) and "Mustahab" (desirable, commendable act), five ones are "Nahi" (forbidden acts, things) i.e. the worst of these is "Haraam" (unlawful) act and then are "Makrooh Tahreemi" (odious to the extent of being forbidden), "Isaa'at" (bad but less than odious), "Makrooh Tanzihi" (undesirable) and "Khilaaf-e-Ola" (those things, acts which are against Sunnah, decency) and the last (eleventh) one is "Mubah" (neither lawful nor unlawful).
Q 3. How many kinds of obligatory acts are there and what is the definition of each of them?
A. There are two kinds of "Fard" (obligatory acts) i.e. "Fard-e-E'tiqaadi" (definite obligatory act) and "Fard-e-'Amali" (indefinite obligatory act but to be fulfilled). "Fard-e-E'tiqaadi" is that command of Shariah which is proved by the definite arguement,reason beyond any doubt. Its denier is, according to Hanafi scholars, an absolute infidel. There is "Ijma" (consensus of Muslim scholars) that the one who denies any "Fard-e-E'tiqaadi" whose obligation is commonly known and manifested by the Islaamic faith, is not only himself an infidel but also he who doubts about the infidelity of the denier.
In short, the one who abandons any "Fard-e-E'tiqaadi" like Salaat, Rukoo, Sujood (prayer, bowing, prostration), unless permitted by Shariah, is "Faasiq" (disobedient, transgressor), committer of major sin and deserves the torment of hell. "Fard-e-'Amali" (indefinite obligatory act but to be fulfilled) is that command of Shariah which is not proved by any definite argument,reason but it is "obligatory" in view of the consensus of "Mujtahids" (Islamic jurists) based on Shar'i reason to such an extent that one will not be relieved of the obligation unless he fulfills it. The worship which has "Fard-e-'Amali" will be nullified if it is not observed. Its intentional denial is disobedience, transgression and misguidance.
However, a Mujtahid can differ with it on the ground of any Shar'i reason,argument like the differences of "Aa-imah Mujtahideen" (the great four Imaams) that one Imaam considers a thing "Fard" but the other thinks otherwise. For instance, one-fourth "Masah" (passing wet fingers over the head) of the head during ablution is obligatory (Fard) according to Hanafi creed, of one hair is enough for Shaafa'ees and of the entire head as per Maaliki tenets. Every believer (Muqallid) must follow his Imaam's Mazhab in "Fard-e-'Amali". To do against the teachings of one's Imaam, unless permitted by the Shariah, is not lawful.
Q 4. How many kinds of "Fard-e-'Amali" are there?
A. Fard-e-'Amali are of two kinds i.e. "Fard-e-'Ain" (strict obligation) and "Fard-e-Kifaayah" (an obligation which will be fulfilled even if performed by a few Muslims).
Fard-e-'Ain is the duty which ought to be performed by every sane matured Muslim like prayer five times a day.
Fard-e-Kifaayah is a general duty of believers whose performance by only some Muslims will absolve all and if not performed by even a single believer then all will be held responsible for the sin like washing the dead and funeral prayer.
Q 5. How many kinds of "Waajib" are there?
A. "Waajib" are of two kinds like "Fard" i.e. "Waajib-e-E'tiqaadi" and "Waajib-e-'Amali". Waajib-e-E'tiqaadi is that injunction of Shariah whose essentiality is proved by "Daleel-e-Zanni" (a tradition reliably transmitted by one or a few people). "Fard-e-'Amali" and "Waajib-e-'Amali" are its two kinds. Waajib-e-'Amali is that injunction of Shariah (or "Waajib-e-E'tiqaadi) whose non-fulfilment will not cause believers sin. But its essentiality is stressed. If Waajib-e-'Amali is missed in worship in which its observance was essential then the worship will be defective but fulfilled.
However, leaving out any Waajib intentionally once is minor sin and more than one (repeating it a few times) is major sin.
Q 6. How many kinds of Sunnah are there?
A. There are two kinds of Sunnah i.e. "Sunnat-e-Muakkadah" which is also called "Sunan-ul-Huda" (regular, emphasised practice of the Holy Prophet) and "Sunnat-e-Ghair-Muakkadah" which is also called "Sunan-ul-Zawaa-id" and also "Mustahab" and "Mandoob" (irregular,non-emphasised but praiseworthy practice).
Q 7. What is "Sunnat-e-Muakkadah"?
A. Sunnat-e-Muakkadah is the injunction of Shariah which was regularly fulfilled by the Holy Prophet but was occasionally missed so that it might not become "Fard" (obligatory) for his Ummah or that act which has been emphasised upon by the Shariah.
Q 8. What about he who ignores "Sunnat-e-Muakkadah"?
A. The believer who fulfills Sunnat-e-Muakkadah will earn reward but in case he abandons it without any cogent reason, deserves condemnation. It is sinful to develop an habit of its abandonment which will render him "Faasiq" (disobedient,transgressor) and he will also deserve the torment of hell though its sin is less than that of abandoning "Waajib". Evidence of such man is unacceptable. Some Mulsims scholars maintain that the abandonment of Sunnat-e-Muakkadah is near to "Haraam"(unlawful) act and its "Taarik" (abstainer) might be (God forbid) deprived of the intercession of the Holy Prophet. The Holy Prophet Hadrat Muhammad Mustafa(may Allah's choicest blessings & peace be upon him) is reported to have said: the one who abandons my Sunnah will not enjoy my "Shafaa'at (intercession).
Q9. What is "Sunnat-e-Ghair-Muakkadah" and what injunction is there to this effect?
A. "Sunnat-e-Ghair-Muakkadah" is that injunction of Shariah which has not been emphasised upon but ignoring it is an undesirable act. However, no chastisement has been specified to this effect. Fulfilment of Sunnat-e-Ghair-Muakkadah will earn believer reward whereas its habitual abandonment invites Divine anger.
Q10. What is "Mustahab"?
A. "Mustahab" is that injunction of Shariah whose fulfilment is commendable,desirable in Shariah whether it was practised by the Holy Prophet himself or believers were motivated to do it or the Muslim scholars liked it even though it is not proved by "Ahaadees".
It is rewarding to fulfill "Mustahab" but no offence if not done.
Q11. How many kinds of forbidden things,acts are there?
A. "Mamnoo'aat-e-Shariah"(prohibitions of Shariah) are of five kinds i.e. "Haraam-e-Qat'ai" (absolutely unlawful), "Makrooh Tahreemi"(odious to the extent of being forbidden), "Isaa-at" (bad but less than odious), "Makrooh Tanzihi" (undesirable) and "Khilaaf-e-Ulaa" (acts,things inimical to Sunnah, decency).
Q12. What is "Haraam-e-Qat'ai"?
A. "Haraam-e-Qat'ai" is that prohibition of Shariah whose unlawfulness and forbidding are proved by the cogent and unquestionable argument,reason. This is the opposite of "Fard" (obligatory act). Its intentional commission amounts to major sin and transgression. It is obligatory on and rewarding for believers to refrain from it to their best.
Q13. What is "Makrooh Tahreemi"?
A. "Makrooh Tahreemi" is that prohibition of Shariah whose forbidding is proved by undeniable reason. This is the opposite of "Waajib"(e-ssential act). It is sinful to commit it as it renders worship defective though its sinfulness is less than that of "Haraam". Repetition of Makrooh Tahreemi is tentamount to major sin.
Q14. Can "Makrooh Tahreemi" be called "Haraam" or not?
A. The difference between "Haraam" and "Makrooh Tahreemi" is based on beliefs like the denier of unlawfulness of "Haraam-e-Qat'ai" is infidel whereas the one who denies the forbidding of "Makrooh Tahreemi" is not infidel. Abstention from Makrooh Tahreemi is essential as it is obligatory on believers to eschew "Haraam" and on this ground Makrooh Tahreemi may be called "Haraam". Muslim scholars sometimes describe "Haraam" as "Makrooh".
Q15. What is "Isaa'at"?
A. "Isaa'at" is that prohibition of Shariah whose forbidding is not so strong as it is for "Haraam" and "Makrooh Tahreemi" but its commission is bad. The one who occasionally commits it deserves Divine anger and in case of being habitual he is culpable for torment. "Isaa'at" is the opposite of Sunnat-e-Muakkadah".
Q16. What is "Makrooh Tanzihi"?
A. "Makrooh Tanzihi" is that prohibition of Shariah whose commission is considered undersirable in Shariah. However, its undesirability is not to the extent of "Wa'eed"(warning of dire consequences). The one who avoids it earns goodness and reward and in case of commission he is liable to neither torment nor Divine anger.
"Makrooh Tanzihi" is the opposite of Sunnat-e-Ghair-Muakkadah".
Q17. What is "Khilaaf-e-Ulaa"?
A. "Khilaaf-e-Ulaa" is that prohibition of Shariah whose commission is against decency. It is better for believer to avoid it but he would not be held accountable if committed. Its avoidance is praise-worthy. "Khilaaf-e-Ulaa" is the opposite of "Mustahab".
Q18. What is "Mubaah"?
A. "Mubaah" is that thing,act for which there is neither any command nor prohibition that is neither permitted nor forbidden. Therefore, its commission and non-commission brings the committer no reward and no torment like taking delicious food and fine cloths provided it is not done for pomp and show.
Q19. Does any "Mubaah" act,affair need any Shar'i reason or not?
A. Those who say or claim that such and such act,affair is lawful or "Mubaah" need no Shar'i argument,reason for its lawfulness in the absence of any Shar'i reason on its prohibition and thus it is itself a cogent proof of its lawfulness. Had such act,affair been wrong or unlawful the Shariah would have definitely admonished and commanded to abstain from it.
Q20. Can any "Mubaah" act,affair be called "Haraam" or "Bid'at" as a precausionary measure or not?
A. The Holy Qur-aan has been sent down and Islaam perfected. No new command or prohibition is to come to us. So pardone has been determined for all those acts, affairs about which no prohibition is proved by the Shariah. It is, indeed, very kind of Allah Almighty and His Messenger who have left such things to us. The Holy Prophet has himself said that whatever Allah Almighty has declared "lawful" in His holy book (Qur-aan) is lawful for you and whatever has been declared unlawful is unlawful for you and that thing is also permitted for which there is no command or prohibition.
Allah Almighty Himself says in the Glorious Qur-aan: and whatsoever the Messenger gives you, take (i.e. follow that) and whatsoever he forbids you, refrain from that.
In view of these saying of the Holy Prophet and command of Allah Almighty it becomes clear that an act,affair about which there is neither any command nor prohibition, is neither "Waajib"(essential) nor a sin but "Mubaah"(forgiven act). The one who describes any act,affair as forbidden, unlawful or odious should either prove its badness or that Shariah (Qur-aan-o-Hadees) has forbidden it or there is consensus of Muslim scholars on its unlawfulness.
Calling or declaring any act,affair "Haraam" or "Makrooh" until and unless proved by the Shariah is no wisdom as it imposes unnecessary limitations on believers.
Besides, such measure is also tentamount to creating a new "Shariah". Every believer must avoid such things.
Those "Mubaah" acts,affairs which are done with the spirit of love and reverence like "Mehfil-e-Meelaad" (commemoration of the Holy Prophet's birth), recitation of "Salaat-o-Salaam"(invocation of Allah's blessings & peace on the Holy Prophet) in standing position are desirous and highly rewarding ones. That's why "Ahle Sunnat wa Jama'at" is in agreement and has consensus on arranging and holding "Mehfil-e-Meelaad" programmes.
Q21. Can "Sunnat" be called "Nafl" or not?
A. "Nafl" (pl.Nawaafil) is that permissible and lawful act which is neither "Fard"(obligatory) nor "Waajib" (essential). So it is a common (lawful) word which is also applicable to "Sunnat"(pl.Sunan). Therefore, Muslim jurists have also explained about and commented on "Sunan"(Prophet's practices, sayings) in their books of Islaamic jurisprudence. However, if there is any particular thing about "Sunan", those are explained separately.
Q22. How many Shar'i reasons,sources are there by which these Shar'i commands are proved?
A. There are four Shar'i reasons,sources i.e. the Holy Qur-aan, Ahaadees, Ijma-e-Ummah and Qiyaas.
Q23. What does "Qiyaas" mean?
A. Shar'i meaning of Qiyaas is to refer any "Furoo'i Masalah" (subsidiary issue,matter) to the main issue,matter in respect of 'Illat (cause,ground) and "Hukm" (command). For instance, an intricate (subsidiary) issue,matter crops up whose lawfulness or unlawfulness is not directly proved by "Qur-aan-o-Hadees". In such situation, similar issues,matters available in "Qur-aan-o-Hadees" will be consulted and researched and 'Illat and "Hukm" of whichever of them are found in agreement with it the "command" of the said main issue,matter will be applicable to the subsidiary issue,matter in question. This referral and analogical process is called "Qiyaas". Qiyaas is, in fact, a manifestation of Shari'ah which unveils hitherto covered commands of Qur-aan-o-Hadees.
No Tom, Dick or Harry can make Qiyaas. It is an exclusive job of Mujtahid (the Muslim jurist who exercises his independent opinion). Qiyaas is proved by Holy Qur-aan, Holy Prophet and words and deeds of the Prophet's companions. Therefore, its outright rejection is infidelity.

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