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Al-Waadih Fee Usool ul-Fiqh by Muhammad Hussein Abdullah

The Amr is the Khitaab Ash-Shaari’ (Address of the Legislator) indicating the request to undertake the action whether this is a Talab Jaazim (decisive request) or Talab Ghair Jaaizim (indecisive request) and so it covers both the Fard (obligation) and the Mandoob (recommended).

The Amr (command) To Do A Matter Does Not Represent A Nahi (forbiddance) To Do Its Opposite

The indication (Dalaalah) of the command is taken from its form that the language has set and provided for the command i.e. it is taken from the indication of its wordings (Dalaalat ul-Alfaazh) which means from its Mantooq (expressed meaning) which is known as the Dalaalat ul-‘Ibaarah.

So for example in respect to the Qawl of Allah Ta’Aalaa:

And establish the Salaah (Al-Baqarah 43).

This represents a command requesting the performance of the Salaah, whilst this command does not indicate to the Nahi (forbiddance) of that which is opposite to the Salaah, like amusement or acts of distraction for example. So the command ‘Establish the Salaah’ does not mean linguistically: ‘Do not undertake Lahw (amusement acts of distraction)’.

And ‘Establish the Salaah’ that is indicative of the Waajib (obligation) does not guide to or indicate that not establishing or performing it is Haraam. That is because the Nass has guided to the Waajib and has requested the undertaking of the action with a decisive request. That is whilst the text that is indicative of the Haraam means the request to not undertake an action in the form of a decisive request. ‘Establish the Salaah’ does not indicate in its form the request to not do or leave any action. That is because leaving or not performing the Fard does not mean it is Haraam even if not undertaking it has sin attached and built upon it as a consequence.

Reference: Al-Waadih Fee Usool ul-Fiqh - Muhammad Hussein Abdullah

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