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

The Seeghat ul-Amr (command form) has been provided and placed down within the language to indicate the request for the action to take place. This form is ('If’al) or that which takes its place like the Ism Fi’l ul-Amr (verbal noun command) and the Mudaari’ (present tense) prefixed with ‘Lam Al-Amr’ (ل(, have been placed down and provided to indicate the Talab (request). In order to then understand what is intended by this Talab (request), in terms of whether it indicates the obligation, the recommendation or the permissibility, then it is necessary for there to be a Qareenah (connotation) from amongst the Qaraa’in (linking connotations) that makes clear and explains what has been intended from this request (At-Talab).

These refer to the necessary Qaraa’in which designate the Fard “Al-Waajib” and these include:

1 – If the Daleel (evidence) indicates that leaving or not doing the action has a punishment built upon that in the Dunyaa (the life of this world) or in the Aakhirah (the hereafter), or the hate (detestation) or anger of Allah is attached to it or the negation of Imaan (belief). Example: The Qawl of Allah Ta’Aalaa:

This Amr (command) establishes the Talab (request to do) but without a Qareenah it does not indicate Al-Wujoob (obligation). The Wujoob (obligation) has come from other Qaraa’in (linking indications) like the Qawl of Allah Ta’Aalaa:

The punishment that is built upon the one who abandons or does not perform the prayer indicates that it is Waajib (obligatory).

2 – The presence of a text containing the Lafzh (wording) that indicates the Wujoob (obligation) explicitly like: ‘Furida’ (it has been made obligatory) or ‘Yajib’ (it is obligatory) or ione of its derivations like:

The Qawl of Allah Ta’Aalaa:

The Zakaah is therefore Fard and giving it to these categories or some of them is Fard.

3 – That which the doing of the Waajib cannot be completed or fulfilled except with it is Waajib. That is like the Shuroot (conditions) of the Sihhah (validity) of the Salaah. Allah (swt) said:

So here the verb of the command ‘Ighsiloo’ (wash) indicates the Talab (demand or request) to undertake the action alone whilst the Qareenah (linking indication) that guides to the obligation of the Wudoo’ is the obligation of the Salaah that cannot be undertaken or fulfilled without the Wudoo’ or At-Tayammum in some circumstances.

4 – That the Shaari’ has commanded to undertake an action with what it contains within it in terms of difficulty (or hardship) like his Qawl (swt):

The Qareenah for the Wujoob is “Whilst it is disliked or hateful to you”.

These are the Qaraa’in that establish that the Seeghat ul-Amr (command form) indicates the Mandoob and these include:

1 – That the Daleel (evidence) requests the undertaking of the action without a Qareenah indicating decisiveness (Al-Jazm) i.e. the request is a command (Amr) without a Qareenah. This is like the statement of the Messenger (saw):

The Hadeeth requests from the Muslim to give a loan to the Muslim and built reward upon that whilst there is no Qareenah that indicates Al-Jazm (decisiveness) like the Qaraa’in that we mentioned in respect to the Waajib (obligation). Consequently, it indicates that the giving of loans is recommended and not obligatory.

2 – That the Daleel for the undertaking of the action indicates within it Qurbah (drawing closeness) to Allah in the absence of a Qareenah indicating the obligation. That is like the Qawl of the Messenger (saw):

The Hadeeth has described the Du’aa as an ‘Ibaadah and the ‘Ibaadah has within it Qurbah (drawing closeness) to Allah because it represents the relationship between the ‘Abd (slave/servant) and his Rabb (Lord). Consequently, the Du’aa is Mandoob and not Waajib.

These Qaraa’in were mentioned in the forms that are indicative of Al-Ibaahah (permissibility) at the beginning of this section and can therefore be referred back to in that section.