The Types of Ahkam Shari‘ah


The Ahkam Shari‘ah is divided into:

The Fard (compulsory)
The Haram (prohibited)
The Mandoub (recommended)
The Makruh (undesirable)
The Mubah (permissible).

The Hukm Shari’ is either an order to perform an action or to abstain from performing the action. If the order (‘amr) to perform the action is decisive (jazim), then it is classified as fard or wajib. Both these terms are synonymous. If the ‘amr to do an action is indecisive, it is classified as Mandoub. If the order to abstain is decisive, it is classified as haram or mahzur which are synonymous whereas if the order to abstain is indecisive (ghair jazim), it is classified as Makruh.

Thus, with the fard/wajib, the performer is praised and the one who abstains from it is condemned. The person who neglects to perform the fard deserves to be punished. The person who performs the haram is condemned and the one who abstains from it is praised. The person who performs the haram deserves to be punished. The person who performs the mandoub is praised and rewarded and the one who abstains is not condemned i.e. he is rewarded for performing the action and not punished for abstaining from it. The person who does not perform the makruh action is praised and rewarded i.e. abstaining from the makruh is preferable. The mubah is which the daleel as-Sami shows that the address of the Legislator implies to choose between performing an action or abstaining from it.

Sunnah

Linguistically the Sunnah means the method. However, in terms of the Shari‘ah it either means a nafilah that has been narrated about the Prophet (saw - peace be upon him and his family) such as the recommended rakaat (rakaat as-Sunnah) which are distinct from fard (compulsory). It should not be understood that the action is called Sunnah because it is from the Prophet (saw) and that the fard is from Allah (swt). The Sunnah and the fard are both from Allah (swt); and the Messenger is but a conveyor from Allah (swt) because the Messenger uttered not out of whims but only that which was revealed to him from Allah (wahy). Thus, although it is a Sunnah narrated about the Prophet (saw), nevertheless it is narrated as a recommended action, i.e., nafilah; in the same way that the fard has been narrated as a compulsory action. Hence, the two compulsory rakat of the dawn (fajr) prayer have been narrated about the Prophet (saw) through decisive reports, known as tawatur, as being fard; and the two recommended rakat of the fajr prayer have also been narrated through decisive reports (tawatur) as being Sunnah (nafilah); and both are from Allah (swt) and not from the Messenger himself. The command (‘amr) is either fard or nafilah in actions of worship (ibadat) and fard or mandoub in other actions. In other words, nafilah is the same as mandoub, but it is specifically called nafilah (ibadat), and also described as Sunnah.

The Sunnah also means all the Shari‘ah evidences which came from the Messenger other the Qur’an. This includes his speech, actions and consent (his silence upon actions performed before him).

Emulating the Actions of the Messenger (saw)

The actions performed by the Prophet (peace be upon him and his family) are of two kinds; the actions that are part of his human nature and other actions. Every action that is part of his nature, such as standing, sitting, drinking, and eating etc., are indisputably permitted (mubah) for both him and his Ummah. Consequently, they do not fall within the category of actions of the mandoub.

Those actions which are not part of his human nature are either of the actions that are proven to be specifically personal to him, i.e., they are not practised by anyone else, or they are not personal to him. Those actions which are proven to be specifically personal to the Prophet (saw), such as the permission for him to fast continually through the day and night, and to marry more than four wives, etc., are inimitable and it is haram for us to emulate him as it has been proven by Ijmaa’ that are only specific to him and thus we are not permitted to follow him in these.

Those actions known to be examples for us to follow are indisputable daleels. They are known by either a quite explicit statement, such as: ‘Pray the same as you have seen me pray’, and ‘Emulate me in all your rituals’, The evidence here denotes that his action is an example for us to follow. Or by a circumstantial evidence, such as amputating the hand of a thief from the wrist bone as an exemplification for the Supreme’s words ‘Cut off their hands’. It is contingent upon the evidence on whether the actions are compulsory (fard), recommended (mandoub) or permitted (mubah).

This explanation is his action either by speech or circumstantial evidences is linked to the evidence whether it implies a Woujoub, Nadb or Ibahah. As for those actions of the Prophet which are not accompanied either by a negation or affirmation from the Prophet (saw), that they are examples for us to follow, they either show the intention of Qurbah or not. If they show the intention Qurbah they become mandoub for which the performer is rewarded for performing it and the abstainer is not punished. An example of this kind is the Sunnah of Duha. However, if the intention of approaching Allah (swt) is not evident, they fall within the permissible actions (mubah).