The Rules Pertaining to Fiqh | Nur al-Idah

The Light of Clarification | Hasan al-Shurunbulali

1. The Obligatory (fard). For the majority of scholars, fard and wajib are synonymous, and both convey an imperative and binding demand regarding the performance of an action. The Obligatory is an act that is established by a decisive text (dalil qati’) whose meaning is decisive and not open to the possibility of interpretation, such as the five pillars of prayer, and that which has been established by way of Sunna Muttawatir, such as the recitation of Quran in prayer.

The Hanafis however, have drawn a distinction between fard and wajib. An act is deemed obligatory (fard) according to the Hanafis if it is conveyed in a clear and definitive text of the Quran or sunna (known as dalil qati’). Though if the command to perform something is conveyed in a speculative text (dalil dhanni), then the act is deemed necessary [wajib].

It is compulsory to perform that which is deemed obligatory. One who performs an obligatory act out of obedience to God is rewarded, while a person who abstains from an obligatory act without a valid excuse makes himself liable and deserving of punishment. The one who denies the binding nature of an obligatory act becomes an unbeliever if it is established through a clear and definitive text (dalil qati’), but not if he disputes the authority of a command that is deemed wajib, although he becomes a transgressor.

A consequence of the distinction between fard and wajib is that when the fard is neglected in an act required by the Sacred law, the whole act is null and void. For example; if one leaves out bowing or prostration of the obligatory prayers, the whole prayer is nullified, though if he leaves out the recitation of the Fatiha (which is wajib), the prayer is valid, but deficient.

2. The Necessary [wajib] according to the Hanafi school is that which is established by a firm command, but which has been established through a text that allows for the possibility of interpretation. This textual proof is called dalil dhanni. This type relates to acts such as sadaqa al-Fitr and the witr prayer. Verily, these have been established by a speculative text [dhanni text] that is open to interpretation. If however, the subject thing is established with a definitive and clear proof [dalil qati’], such as with a Quranic verse or hadith Muttawatir, then it is deemed obligatory (fard) as previously mentioned. Denying that which is necessary is deemed as corruption (fisq), though not disbelief. To leave a wajib act is sinful.

The omission of wajib components of prayer does not nullify prayer provided it is omitted abentmindedly and provided two forgetful prostrations are perfomed at the end of prayer. If a wajib component of prayer is intentionally omitted, then one is required to repeat his prayer in order to mend the defect.

The Mandub (Recommended Act) or Sunna

The mandub (or recommended act) is divided into three parts:

1. Sunna Mu’akkada: namely, the emphasized sunnan

2. Sunan Nafila: The Sunnah whose acts have been sanctioned by the Sacred law (nafila), though they are not emphasized

3. Sunan Zawa’id: which refers to the acts and conduct performed by the Prophet as a human being such as his style of dress and choice of food.

3. The Emphasized Sunna [sunna mu’akkada] is that which our blessed Prophet ﷺ or the Companions did most of the time with respect to worship and did not leave it except on rare occasion. Examples include the congressional prayer, the adhan and iqama as well as all matters of worship which the Prophet ﷺ was diligent upon. This sunna is also termed Sunna al-Huda.

The one who performs an emphasized sunna is rewarded while leaving it is not punishable, though is worthy of blame and reprimand. Customarily leaving a sunna is sinful, because it entails ‘turning away’ from the Messenger of Allah whom we have been commanded to follow. If a person gives up such acts totally, he is liable to lose his moral probity (‘adalah) which may result in the rejection of his testimony. If a town collectively decides to give up these recommended acts, then they expose themselves to legal and military action.

Note: the congretiongational prayer according to the Hanafi Madhhab is an emphasized sunna, whereas the majority maintain that is a communial obligation. Ahmad ibn Hanbal maintained that it is obligatory on each person to attend the congregational prayer.

4. The Recommended Sunan (nafila), which is not emphasized (and which is also termed mustahab (desirable), meritorious, and voluntary) is that which the Prophet ﷺ did one or more times and then discontinued, and did not diligently perform, such as the four rak’ah's prior to the ‘isha prayer, and all other voluntary acts, such as donating charity to the poor, fasting on the Monday and Thursday of each week. The ruling for one who performs acts of this kind is that he is deserving of reward, while leaving it is not sinful or blameworthy because it is not part of his lawgiving.

Sunnah Zawa’id are the acts of the Prophet pertaining to his ordinary daily tasks as a human being, such as his dress, choice of food and drinks as hid dealing and conduct with his family members. These are acts considered as part of an individual’s perfection by following the Prophet in such things. The rule for such acts is that one who adopts them with the intention of following the Prophet, is an excellence and is to be rewarded. This indicates one’s love for the Prophet. But someone who does not follow the Prophet in such matters they are not in the degree or the sunan al-Huda (emphasized) as mentioned previously.

A question from these categories is the following: Is it necessary to fulfill a nafl act that was commenced but was not completed or is it not necessary? The jurists differed on this point. Imam Shafi’i held that one is not required to perform the nafl he commenced and neither is he blamed for its discontinuation, because the nafl was legally introduced with that quality, and this does not impose the act upon a person. Therefore, one is rewarded for its fulfillment and is not blamed for its omission. And as long as it was introduced into the law with that quality, then it is necessary that it remains as such even after it is commenced. He added that it cannot become a requirement because the relaity of something does not change by being commenced; and that it is perserved in its quality, which is nafl, whether he completes it or nullifies it [Usul al-Fiqh al-Islam, Wahbi az-Zuhauli 85-86].

Abu Hanifa maintained that nafl (i.e. an optional act) that is commenced becomes a requirement to fulfill. For example: if a person begins a voluntary fast, but then ruins the fast, he is required to make up that day even though it was voluntary. He held that if one commenced a voluntary prayer or fast, he is required to accomplish it; and if he does not, then he will become liable to fulfill it as qada’ (makeup). Abu Hanifa used the following proof; Allah said {…and make not vain your deeds} [Quran 47:33]. Abu Hanifa also maintained that nafl can change into wajib when one promises such an act. For example: “I vow by God, that I will perform two rak’ahs of prayer,” then he is required to perform them. Hence, the rak’ahs were voluntary, but became necessary [wajib] with the vow.

5. The Permissible [mubah] is what the Law-giver has neither requested nor prohibited, so the person who does it, is not rewarded or punished. Though such acts are rewarded if the person intended good. It is also called halal. The mubah mentioned in the text is usually in words like, “It is of no harm to perform…” or “It is no sin for you,” and so on.

6. The Somewhat Disliked [makruh tanzih] is that which we have been commanded to leave, even though it is not sinful; meaning the law-giver has interdicted but not strictly forbidden. One who leaves it is rewarded, while one who does it has acted sub optimally and is not deserving of punishment. Examples of such things that apply to this category is the wudu from the leftover water of a cat or predatory animal. Ibrahim as-Salkini says, “To leave that which is in indicative of the sunna or that which is recommended - is somewhat disliked [makruh tanzih].”

7. The Prohibitively Disliked (reprehensible) or unlawfully disliked [makruh tahrim] is the opposite of wajib according to the Hanafis. It is an act that we have been firmly commanded to leave through a text which is open to the possibility of interpretation. Denying such a command is misguidance and worthy of punishment, but not disbelief. Performing such an act is sinful. The above division of makruh is based on the Hanafi opinion, which the majority of jurists place makruh tahriman into the category of forbidden insofar as it is a demand for omission expressed in binding terms.

8. The Forbidden [haram] is that which the Law-giver strictly forbids through a decisively established text. Someone who commits an unlawful act is deserving of punishment, while one who refrains from it out of obedience to Allah is rewarded.