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Chapter 7: Hukm Shariah (see other)

Chapter 8: Types of Ahkam Shariah

o All ahkam are either; Fard, Mandub, Mubah, Makrooh, or Haram

o The hukm shari’i is either to perform and action or abstain from one.

o Types:

o If the order to do an action is decisive (Jazim), then it is Fard/Wajib (rewarded


if completed, punished if left)
o If the order to do an action is indecisive (Gair Jazim), then it is Mandub
(rewarded if done, not punished if left)
o If the order is to abstain is indecisive, then it is Makrooh (rewarded if left, not
punished if done)
o If the order is to abstain is decisive, then it is Haram (rewarded if left,
punished if done)

o The mubah is which the daleel sama’i (textual evidence) shows that the
address of the Legislator implies the choice between performing and action or
abstaining from it.

Chapter 9: Sunnah

o Linguistically, the word Sunnah means ‘the way’ or ‘method’.

o Shariah definition is that it is mandub or nafilah

o It is not sunnah due to it being from the prophet (saw), and a fard because it is
from Allah (swt)

o Both the Sunnah and Fard (& the whole Deen) is from Allah (swt), and Muhamed
(saw) was a conveyor.

o In acts of worship (ibadaat), and Amr (order) is either Fard or Mandub. In other
actions, they can be fard, mandub, or mubah.

o The term Sunnah also refers to the Shariah Daleels which came from the rasool
(not quran). Ie. his speech, actions, and consent/silence. (Usooli Definitions)

Chapter 10: Emulating the Actions of Messenger (see other)


Chapter 11: Adopting Divine Rule (Ahkam Shariah)

o In the era of the sahaba, Muslims extracted the ahkam shariah from the book and
sunnah by themselves.

o The judges and rulers would perform ijtihad for every issue of every event when
faced with not have a decisive hukm.

o Ijtihad was even performed at the time of the prophet (saw) when access to the
prophet was not an option.

o Even though all governors and judges performed ijtihad, the Khaleefah used to
also adopt and enforce his adoption upon all the Muslims and even make those
mujtahids leave their own opinions.

o “The Imams decree/adoption/order is to be executed openly and covertly”

o Also, Ijmia’ Sahaba confirms that the Imam has authority to adopt certain rules
and command that they be executed and Muslims MUST obey, even if their
ijtihad is different.

o Important Principles:

o "The Sultan has the right to adopt decrees as numerous as the actual
problems";
o "The Imam's decre e resolves the discord"; and
o "The Imam's command is executed openly and covertly".

Chapter 12: Constitution and canon (see other)

Chapter 14: Morals in Islam (al-akhlaq fil Islam)

o Generally, Islam came to regulate 3 types of relationships. The relationship


between a person and:
o His Creator – Aqeedah and worships
o Himself – morals, foodstuffs, clothing
o Society/others – Mu’amalaat and transactions
o Islam solves all problems as a human problem, and views the it as an
indivisible whole.

o Islam placed details in Ibadaat, Mu’amalaat, ‘Uqubaat but did not put forward
a detail system for morals.
o They were merely treated as orders and prohibitions from Allah (swt) without
special attention.

o In classic fiqh books, you will not find dedicated sections devoted to morals.

o You cannot teach morals for the sake of morals themselves (moral value). The
correct way to alter a persons behaviour/personality is to give them them
correct Aqeedah which will in turn correct all aspects of their personality,
including morals.

o Society is not bettered by morals but rather by Islamic thoughts and emotions,
including the implementation of the Islamic systems.

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