Understanding Usul Al-Fiqh by Abu Tariq Hilal - Abu Ismael al-Beirawi

Many Muslims are too quick to conclude that something is either Haram (prohibited) or Fard (compulsory) after a quick reading of an Ayah or a Hadith. Not all commands in the legislative sources are Fard or Haram. The rules, which are used to differentiate the types of Hukm Shar‟i, are again related to Usul al-Fiqh.

In reality, the Hukm Shar‟i can be understood in five general ways.

If the request to do an action is decisive (Talab Jazim) then it is a Fard or Wajib; both have the same meaning. A person who complies with a Fard will be rewarded, while one who disobeys will be punished.

Example: Performing and establishing Salah, paying Zakah, participating in the Jihad, being ruled by Islam, Muslim women wearing Hijab etc.

If the instruction is connected with a decisive command of refraining from an action then it is Haram or Mahdhur. If the Haram is committed, then the person will be punished, but if the Haram action is avoided, the person will be rewarded.

Example: dealing with Riba, gambling, promoting nationalism or democracy, etc.

If the instruction to do an action is not firm, then it is considered Mandub. The one who performs it is praised and rewarded; however, the one who did not perform it is neither blamed nor punished.

Example: Attending to the sick, giving alms to the poor, fasting Mondays and Thursdays.

If the instruction of refraining from an action is not firm, then it is considered Makruh. The one who abstains is praised and rewarded while the one who does it is neither punished nor blamed.

Example: performing Salah between Fajr Salah and sunrise, eating galic before going to the masjid for Salah, dropping litter on the road etc.

If the choice to do or not to do an action is left up to the person, then the action is called Mubah. One will neither be rewarded nor punished for an action falling under this category.

Example: Eating lamb or chicken, marrying up to four wives, driving a car etc.

Some of the Hukm Shar‟i such as Fard are divided into sub-categories. For example, Fard is divided into Fard al Ayn and Fard al Kifaya. Fard al Ayn is obligatory on every Muslim, such as praying five times a day; fasting Ramadhan, fulfilling duties to husband/wife whereas, Fard al Kifaya is obligatory on the whole Ummah until part of the Ummah fulfils the Fard, such as the burial of a deceased Muslim. If a portion of the Ummah fulfilled this task, then this relieves the duty from the rest of the Muslims. Some of the other types of Hukm Shar‟i are also further sub-divided.