Command-​ demands tha mukallaf to do something

Prohibitions​- requires the mukalaff to avoid something

Wajib​- when the demand to do or not to do is established with proof

- If the txt that conveys demand is not definitive in its meaning and authenticity

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)

1.The Obligatory (wajib, fard)

Refers to the imperative and binding demand of the lawgiver addressed to mukallaf in
respect to doing something.

Acting upon something leads to- REWARD.

Omitting something leads to- PUNISHMENT in this world or thereafter.

​ ard​- if the command is conveyed in a clear and definitive text or obligatory in first
F
degree
Examples: hajj, obedience to parents

​ ajib​- if the command t do something is established in a speculative authority, obligatory

W
in second degree
Examples: obligation to recite surah al fatihah, perform salat al-witr

​Divisions of wajib

1. Personal (ayni)​ addressed to individuals and cannot be performed on behalf of another.

Examples: hajj, zakah, fulfillment of contracts. And obedience to parents

2. ​Collective (kafa’i)​ obligations addressed to community, if some members performed

them the law is already satisfied and the community is absolved of it. Examples: jihad,
funeral prayers, hisba, building of hospitals, extinguishing of fire, giving testimonies and serving
as judge.

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.

* in compliance there is SPIRITUAL REWARD

* non compliance NO PUNISHMENT inflicted

Examples are Doing charitable endowment, giving alms to the poor, fasting on days
outside ramadan, attending the sick.

2 types of Sunnah

1. The emphatic Sunnah​ - call to congregational prayers, attending the congregational

prayers, gargling as part of the ablution. Performing this leads to SPIRITUAL REWARDS
while neglect is blameworthy but not punishable.
2. Supererogatory Sunnah​- non. Obligatory charity, supererogatory prayers, performance
SPIRITUAL REWARD omission blameworthy.

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.

Committing Haram is punishable, omitting it is Rewarded

Textual evidence for Haram

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.

makruh Tanzihi entails moral blame but no punishment (makruh tahrimi)

The lowest degree of prohibition.

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.