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1. Taklifi refers to the injunctions and commandments, which are known as
the five categories of commandments and injunctions;
1. Wajib (obligatory)
2. Haram (unlawful)
3. Mustahab (desirable)
4. Makruh (undesirable)
5. Mubah (permissible)
Wujub (obligation) is also divided into:
1. Wujub al-'ayni (the obligation of a particular individuals)
2. Wujub al-kifa'i (the obligation applicable to many individuals
indefinitely)
3. Wujub al-ta'yini (specified duty and obligation)
4. Wujub al-takhyiri (obligation with alternatives and options)
5. 5.Wujub al-Muwaqqat (temporary obligation)
6. Wujub al-Mutlaq (unconditional obligation)
7. Wujub al-Munajjaz (an obligation already due)
8. Wujub al-Mu'allaq (Stipulated duty)
9. Wujub al-Muqayyad (conditional duty)
10. Wujub al-Ta'abbudi (the obligation that must be fulfilled with the
intention to obey for the sake of God).
11. Wujub al-Tawassuli (the obligation that does not require such intentions)
12. Wujub al-Nafsi, ( obligatory by itself)
13. Wujub al-Ghayri, (obligatory because of an other obligation)
Hurmat (unlawfulness) is also divided into:
1. Hurrmat al-Dhati ( (unlawful without any thing else) and
2. Hurmat al-'aradi (unlawfulness accidentally).
Istihbab (desirability) is also divided into:
1. Mukammil lil-Wajib (complementary to that which is obligatory),
2. Mustahab al-Dhati (desirable in itself)
3. Mustahab al-Ghayri (desirable for other than itself)
4. Mustahab as a secondary consideration
5. Some scholars of the law have divided the Taklifi injunctions also into:
6. Fard, (Enjoined)
7. Wajib, (Obligatory)
8. Haram, (Unlawful)
9. Sunnat Mu'akkad, (Emphasized desirability)
10. Sunnat al-Ghayri (Desirable due to some thing else)
11. Mu'akkad, (Emphasized)
12. Kirahat al-Tahrim, (detestibility of unlawful nature)
13. Kirahat al-Tanzihi, and 'ibahah (Purifying and permissibility)
2. Wad'i (injunctions). These kinds of injunctions are divided into:
(a) Maj'ulah, the sanctioned or contracted matters like those relating to
ownership and matrimony.
(b) Muntaza'ah, the abstracted matters
(c) (Sababiyyat) those that become a reason
(d) (Shartiyyat), those that become a condition
(e) ('illiyyat) those that become a cause
(f) (Ma'ni'iyyat) those that become an obstacle and injunctions related to
1. Sihhah (validity) and
2. Fasad (invalidity) 15.'
· Waqi'i , the actual ones and
· Zahiri, the apparent injunctions. These are also called as
· Awwaliyyah) primary and
· Thanawiyyah) secondary rules 16.
1. Shar'i rules are those derived from the religious texts, such as the
holy Qur'an and the Sunnah of the holy Prophet.
2. Fiqhi rules are those reached upon by means of reasoning on the basis of
the recognized practical principles. The shar'i rule is a law sanctioned by
God, whereas a Fiqhi rule is something not expressly set forth by the
Lawgiver. They are established to deal with a certain practical issue for
which the texts of Shari'ah has not expressed any thing 17.
Shari'ah (Laws) and Fiqh (Jurisprudence)
The holy Quran preaches a religion and this holy book calls it Islam (submission to the will of God) 1.(the small font size mid text numerals refer to end notes so please note) The holy Quran considers it the perfect religion 2. This religion deals with the relation between human beings and God, between the human beings and their own souls and between the individual and others human beings.
The Islamic system consists of the following three parts:
1. The system of theology (i'tiqadat). That is, the beliefs related to cosmology, the creation and the relation between God and man.
2. The Moral philosophy (Ahkam-e Akhlaqi: That deal with the qualities and characteristics human beings should acquire.
3. Practical laws (Ahkam-e 'amaliyah): These show man how God wants them to
behave.
Theology and practical laws in this system work in close alliance to form a
system of belief on one hand and a system of conduct on the other. The
Shari'ah include both the theology and laws.
The word 'Shri'ah' lexicographically means a fountainhead But in the
terminology of Fiqh, jurisprudence, it consists of the commands, prohibitions,
and guidance that God has issued to human beings for their faith and conduct.
The aim of Shari'ah, in all the cases related to belief, ethics and human
conduct is to lead man towards justice and equality, so that following the
Shari'ah he may become worthy of the position of deputy-ship of God on earth.
The word Fiqh lexicographically means knowledge, understanding, and
intelligence. In the terminology of Fiqh, jurisprudence, it is that part of
the Shari'ah which deals with the practical rules relating to man's conduct in
relation to God, himself and others. The meaning of Fiqh underwent many
changes and it is used in different contexts. The Quran uses this word to mean
the knowledge of religion in its general sense 3. Accordingly, Tafaqquh
(understanding) means the correct understanding of Islamic ideals, principles
and rules
4. In a new classification that emerged gradually, in the Shari'ah, Fiqh
came to be applied to the practical rules. Such practical rules consist of all
of religious laws and duties sanctioned by the Legislator (the (a) Creator,
(b) His messenger (c) and the infallible Imams successively if no rule is
sanctioned for a case by the higher Authority).
With the emergence of the formal studies in Islamic sciences and the
appearance of difference of views in the issues of the practical laws and the
necessity to infer them from reliable sources, the term Fiqh found a new
meaning. Now it is used to mean understanding of the practical laws of the
Islamic system through inference from the authoritative sources
5. Sometimes it refers to the corpus of the established practical laws inferred from the authoritative sources
6. In the science of Fiqh, the main task of a faqih (the scholar of the law) is to find out the rules for his practical duty currently applicable. The subject matter of Fiqh is religious laws or one's practical duties for which the relevant rules must be inferred from the authoritative sources such as Ahadith
7 etc. It is the opinion of some of the scholars that the subject matter (in Fiqh) deals with the rules for different circumstances. A Mukallaf (a person mature enough to be held responsible to observe the Law and to fulfil his duties as a Muslim) may face cases in different conditions wherein he has to observe certain rules of the Shari'ah or follow the authoritative opinions that exist
8.Fiqh has also been defined as the science related to the path of the
hereafter. It also means the establishment and the acquisition of the faculty
(Malakah) of reasoning and discerning right from wrong, the realities of the
faith and the possible penalties for a soul 9 due to transgressing against the
law.
The aim of Fiqh, according to this definition, is to acquire adequate piety to
abstain from what is transitory and to advance to that, which is immortal and
abide by the law. In this regard, there is a Hadith, of the Prophet (s.a) who
has said, "Shall I inform you as to who is the perfect Faqih?"
"Certainly, O Messenger of God." They replied. He then said,
"He is the one who neither makes the people lose hope of the mercy of
Allah nor causes heedlessness and fearlessness towards His penalties. He does
not make them lose hope of the compassion of Allah nor does he abandon the
Qur'an for something else 10."