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Hukm Shari‘i
Hukm Shari‘i is ‘the address of the Legislator related
to the actions of people’. It is either conclusively proven (qata’ee
dhuboot), such as the Qur’an and hadith mutawatir or
inconclusively proven (dhanniy dhuboot) such as the non-mutawatir
hadith.
If it’s qata’ee dhuboot and its meaning is definitive (qata’ee
dalalah), the hukm will be conclusive. An example of this
is the number of all prescribed rakah in salat(prayer),
since they are mentioned in the hadith mutawatir. Likewise,
the prohibition of riba, the amputation of the hand of the
thief, and the lashing of the zani are conclusive rules whose
correctness is definite allowing no room for disagreement and where
there is only one single conclusively proven opinion.
If the address of the Legislator is qata’ee dhuboot and does
not yield a definite meaning (dhanniy dalalah), then the
included hukm is inconclusive. For example, the ayah
relative to jizyah in the Qur’an.
The ayah is qata’ee dhuboot but the meaning is not
definite. The Hanafi school insisted it to be called jizyah
and those who are required to pay it must be in a state of
humiliation when rendering payment. However, the Shafi‘i school did
not insist on calling it jizyah and permitted jizyah
to be called double zakat. Therefore, they did not require
for the one paying it to be humiliated and their subduing to the
Islamic rules was considered sufficient.
If the address of the Legislator is dhanniy dhuboot, such as
the non-mutawatir hadith, then the hukm included will
not be conclusive, regardless of whether the meaning is qata’ee
dalalah or not. For example, fasting six days in Shawwal or the
prohibition of leasing agricultural land, both of which are proven
through Sunnah.
The hukm Shari‘i is understood from the address of the
Legislator (Khitab Asharic) through a correct ijtihad.
Thus, the ijtihad of a mujtahid produces the Hukm
Shari‘i and accordingly, Allah (swt)’s hukm for every
mujtahid is the hukm that the mujtahid arrived at
through his ijtihad and what he most likely thinks to be
correct.
It has been agreed upon amongst scholars that if a mukallaf
fulfils the capacity of ijtihad in a problem matter and makes
ijtihad and reaches thereupon a hukm he is not allowed
to follow other mujtahideen in this issue because it would be
a taqleed in a matter which contradicts what is most likely
correct in his opinion.
Moreover, he is not allowed to leave his opinion, except if the
Khaleefah adopts a Hukm Shari‘i in which case he must
implement the Khaleefah’s adoption because the opinion he reached
through his own ijtihad is Allah’s hukm in the
specific issue i.e. a Hukm Shari‘i. Whereas the order or
decision of the Khaleefah cancels the disparity of opinions.
However, if the qualified mujtahid did not perform ijtihad
on an issue, then he is permitted to practise taqleed of
opinion of other mujtahideen for the Ijma‘ as-Sahabah
confirms that a mujtahid is allowed to give up his ijtihad
and follow other mujtahideen..
The person not qualified to make ijtihad is termed the
muqallid (follower) and is of two kinds:
A. Muttabe’a
B. ‘Ammi
The muttabe’a is a person who has acquired some important
knowledge in ijtihad and consequently follows the hukm
after understanding its daleel. Accordingly, Allah’s hukm
for this muttabe’a is the opinion of the mujtahid whom
he follows.
The ‘ammi does not possess some important knowledge in
ijtihad and hence follows the mujtahid without having
knowledge of the daleel for the hukm. This ‘ammi
has to follow the opinion of the mujtahideen and apply the
ahkam they have deduced and the Hukm Shari‘i related to
him is the one deduced by the mujtahid whom he follows.
Therefore, the Hukm Shari‘i is the hukm deduced by the
mujtahid who is qualified to practise ijtihad. It is
Allah’s hukm for him, and he is not allowed to leave it to
follow another opinion. It is also Allah’s hukm for those who
follow the mujtahid and they are not permitted to leave it.
If the muqallid follows a mujtahid in a hukm of
any issue and acts accordingly, he is not allowed to leave that
hukm for another mujtahid at all. However, it is
permissible for the muqallid to follow the mujtahid in
other issues, because Ijma‘ as-Sahabah permitted that a
muqallid may ask the opinion of a different áleem on a
different issue.
If the muqallid subscribed to a certain School of Thought (madhab),
such as the Shafi‘i and committed himself to follow the
entire madhab, then the following applies upon him.
The muqallid is not allowed to follow any other mujtahid
on an issue he has already practised according to the madhab
he is following. Regarding the issues that he has not practised yet,
he is allowed to follow the other mujtahideen.
However, if a mujtahid reached a hukm on an issue
through his ijtihad he is allowed to abandon the result of
his ijtihad and follow another opinion, if it means the
unification of all Muslims on one opinion, as happened at his
ba‘yah when ‘Uthman acted accordingly.
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This page was last updated on
08/22/2003.
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