The Forms Associated To At-takleef (legal Responsibility)
Through an examination of the Shar’iyah texts guiding to the Ahkaam, the scholars of Usool found that the Hukm Ash-Shar’iy At-Takleefiy is the Khitaab Ash-Shaar’i (address of the Legislator) related to the Af’aal (actions) of the ‘Ibaad (servants/people) in the form of Iqtidaa’ or Takhyeer i.e. in the form of a request (At-Talab) or the form of providing a choice. This address consists of five types of Ahkaam and they are:
Al-Fard (Al-Waajib), Al-Mandoob, Al-Mubaah, Al-Haraam and Al-Makrooh.
Each of these types has linguistic and Shar’iy forms that indicate them and it is possible to divide these forms into three types or categories:
The forms that are indicative of the Mubaah (permissible action of choice).
The forms that are indicative of the Amr (command).
The forms which are indicative of the Nahi (forbiddance).
The forms (Siyagh) that are indicative of the Mubaah:
The Mubaah is that which the Shaari’ has provided the choice between doing the action or leaving it. Forms indicative of this include the following:
1 – The Ibaahah (permissibility) can be understood from the command form like in His Qawl (swt):
Eat and drink from the Rizq (sustenance) of Allah ()