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

The Aqsaam (categories) Of Al-hukm Ash-shar’iy

The Hukm Ash-Shar’iy is divided into two categories: Al-Hukm Ash-Shar’iy At-Takleefiy and Al-Hukm Ash-Shar’iy Al-Wad’iy.

Al-Hukm Ash-Shar’iy At-Takleefiy:

Al-Hukm Ash-Shar’iy At-Takleefiy is the address of Ash-Shaari’ (The Legislator) related to the actions of the ‘Ibaad (slaves/people) B-il-Iqtidaa’ or At-Takhyeer.

This Hukm is called Takleefiy because it contains a Takleef (legal charging of responsibility) for the human by way of a Talab (request) to undertake the action or a Talab to leave the action or a provision of choice (Takhyeer) between undertaking the action or leaving it.

The Hukm Ash-Shar’iy At-Takleefiy is divided into five types:

1 – Al-Waajib: It is what the Shaari’ (Legislator) has requested to do with a decisive request (Talab Jaazim). This is like the Zakaah for example.

2 – Al-Mandoob: It is what the Shaari’ (Legislator) has requested to do with a non-decisive request (Talab Ghair Jaazim). This is like the giving of Sadaqah for example.

3 – Al-Haraam: It is what the Shaari’ has requested to leave with a decisive request (Talab Jaazim). This is like Zinaa and Ribaa for example.

4 – Al-Makrooh: It is what the Shaari’ has requested to leave with a non-decisive request (Talab Ghair Jaazim). This is like speaking in the place where one relives them self for example.

5 – Al-Mubaah: This is when the Shaari’ has provided the choice to the Mukallaf (one charged) between undertaking the action or leaving it. This is like drinking water and walking for example.

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

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