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

O You who have believed! Fulfil the contracts (Al-Maa’idah 1).

Third Pillar From The Pillars Of The Hukm - Al-mahkoom Feehi

Al-Mahkoom Feehi: It is what the Talab Ash-Shaari’ (request of the Legislator) is attached or related to.

That is in the case where the Khitaab Ash-Shaari’ is attached to the action of the Mukallaf and to what is connected to that action in terms of a thing, a Sabab, Shart, or Sihhah, Butlaan and Fasaad, or Rukhsah and ‘Azeemah. In other words, the Mahkoom Feehi is that which is related to the Khitaab Ash-Shaari’ in terms of At-Takleef and in terms of Al-Wad’u.

So for example:

The Wujoob (obligation) deduced from this address is attached to the action of the Mukallafeen. It is: The fulfilment of the contracts and as such the address, has made this action Waajib (obligatory).

And in respect to the Qawl of Allah Ta’Aalaa:

O you who have believed, when you contract a debt for a specified term, write it down (Al-Baqarah 282).

The Nadb (recommendation) deduced from this address relates to an act from amongst the acts of the Mukallafeen which is the writing down (recording) of the debt. The address, as such, made this action Mandoob.

The Qawl of Allah (swt):

Prohibited for you is Al-Maitah (carrion) (Al-Maa’idah 3).

The Tahreem (prohibition) deduced from this address is attached to a thing that the human utilises which is the Maitah (carrion). As such the address made this thing Haraam. And in relation to the Qawl of Allah Ta’Aalaa:

So whoever among you is ill or on a journey [during them] - then an equal number of days [are to be made up] (Al-Baqarah 184).

The Khitaab (address) here relates to the Marad (sickness) and the Safar (travel) and so it made not fasting in Ramadhaan for each of these circumstances a Rukhsah and this is representative of a Hukm Wad’iy.

Therefore, that which the Sharee’ah has brought represents an explanation of the Hukm of the actions of the human and the things related to those actions. That is for the purpose of making them (the actions) proceed in accordance to the commands of Allah and all that He has forbidden.

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

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