Science of Sources
Lesson 28
Rulings
·
Legal
rulings contain either injunctions or stipulations. An injunctive ruling is one
that enjoins the morally competent individual to either perform or refrain from
an act, or gives him the option to perform an act or to refrain from it.
Stipulatory rulings are those that encompass a legal reason behind a certain
ruling, a condition for it, or an interdictor of it.
Injunctive
Rulings
·
There
are five types: obligatory, recommended, unlawful, offensive, and permissible.
·
The
obligatory ruling is divided into several types concerning timing, the one who
is called upon to perform the duty, the amount requested, as well as being
determined or optional.
·
The
timing of the obligatory ruling is either not restricted, i.e. the obligatory
ruling such as prayers and other acts can be made during the same time period,
or is restricted to a certain act like fasting.
·
The
obligatory ruling concerning the one who is called upon to perform a duty can be
either: obligatory for every individual Muslim, or an obligation of a public
nature, i.e. if performed by some, the rest will be exempted from its
responsibility.
·
The
amount required is either specified like the five prayers and Zakah (the poor's
due), or unspecified as in all forms of charity.
·
The
obligatory ruling is either prescribed like the acts of worship or optional as
found in rulings concerning expiation.
·
The
recommended ruling is that which the Lawgiver requested, but without its being
an order. It is ranked according to the following degrees: a) Confirmed Sunnah. b) Unsystematic Sunnah, not consistently practiced by the Prophet.
c)
The highly advisable Sunnah, e.g., taking the Prophet (peace be upon him) as an
ideal concerning his everyday acts out of love.
·
The
unlawful is either completely forbidden in itself,
like robbery and fornication,
or forbidden because of something incidental related to it.
·
The
offensive is what the Lawgiver requested to be avoided, but without a direct
prohibition.
·
The
permissible is that which the competent person has the option either to do or
not, and is based on either a clear text indicating permission, or the absence
of a clear text prohibiting it. In principle, things are permissible unless
clearly made impermissible. The stipulatory
rulings
· They
are
divided into the following:
a.
Reason: an apparent and accurate
characteristic that is necessary for a ruling.
b.
Condition: on which the ruling is
based. Impediment: if it exists there will be no ruling or the reason would have
been made invalid.
c.
Allowances: rulings legislated by
Allah, out of lightening, to be carried out optionally by the competent in
special cases.
d. Validity
and invalidity: acts
that the Lawgiver requested those competent either to do or not to do, in the
light of the causes and conditions that He commanded, the Lawgiver is the Only
One Who can render something valid or not. Things one may be held
legally responsible for:
· These are deeds concerning which Allah has imposed as certain rulings.
·
It
is stipulated that the things one may be held legally responsible for, should
be: completely known to the competent person within his capacity, and the
competent person should be able to either perform the act or stop doing it.
The competent
·
He
is a person responsible for performing the legal ruling.
·
It
is stipulated that the competent person should be able to understand, by himself
or through others, the evidence for what he is responsible. This requires
maturity, reason, and sobriety (neither drunken nor asleep). Also, he should be
eligible for what he is assigned for and under no duress to perform the act.
·
There
are two kinds of eligibility: a) Eligibility for obligation, i.e. to have rights and duties. b) Eligibility for performance, i.e. the sayings and deeds of the competent person are fit to be legal. Children and the insane are not eligible. Eligibility is incomplete for the minor before maturity and for the mentally deranged person, while it is completely fulfilled for the mature sane person. Evidence of the Qur'an and Sunnah
The
Prophet (peace be upon him) said:
“There
are three (persons) whose actions are not recorded: a sleeper till he
awakes, a boy till he reaches puberty, and a lunatic till he comes to
reason.” (Reported
by At-Tirmidhi and Abu Dawud) |