Ahkam (plural Hukum)

The actions of a Muslim must be done according to the Islamic commandments (Hukum) derived and understood from the Islamic jurisprudence(Usul al Fiqh) resources. Every action in a Muslim life are classified into these categories:

For the Maliki, Shafii and Hanbali School of Thought, the Hukum are categorised into five groups:


1) Fardh/Wajib - Compulsory or obligatory, sinful if omitted

2) Mustahab/Mandub - encouraged or recommended

3) Mubah - neither obligatory nor recommended (neutral)

4) Makruh - disliked, abominable (abstaining is recommended)

5) Haram - Forbidden or prohibited, Sinful if committed (abstaining is obligatory)

For the Hanafi School of Thought, the Hukum are categorised into seven groups:


1) Fardh - Compulsory or obligatory with clear indication from the Quran and Sunnah Mutawatir, sinful if omitted

2) Wajib - Compulsory or obligatory but the Quran and Sunnah Mutawatir are silent about it, sinful if omitted

3) Mustahab/Mandub - encouraged or recommended

4) Mubah - neither obligatory nor recommended (neutral)

5) Makruh Tanzihi- disliked, abominable (abstaining is recommended)

6) Makruh Tahrimi - disliked, discouraged but no clear indication from the Quran and Sunnah Mutawatir. Sinful if committed

7) Haram - Forbidden or prohibited with clear indication from the Quran and Sunnah Mutawatir, sinful if committed (abstaining is obligatory)



The Hanafi school differentiates between fardh and wajib. Fardh for them means the obligation is certain and based on the Quran and Sunnah Mutawatir. While a Wajib is an obligation which is almost Fard, except that there are some margin of uncertainty and the Quran and Sunnah Mutawatir is silent about it.

Makruh tanzihi: It signifies something that is close to lawful (halal) acts or an act that is better for you not to do it than to do it. For example, it is makruh tanzihi not to do sunnat-i ghayr-i muakkada or mustahab acts.

Makruh tahrimi: It involves omitting a wajib act, and it is close to haram but the Quran and Sunnah Mutawatir is silent about it. A person who commits something makruh tahrimi deliberately is sinful.

Example:

In the Hanafi School, Witir prayers are considered as wajib prayers, therefore they have 5 Fardh daily prayers and 1 Wajib prayer in a day. This is because Prophet Muhammad (pbuh) never misses the daily Witir prayer but there was no commandment from the Quran or Sunnah Mutawatir.

Another example is the recitation of Fatihah during fardh prayers. There are hadiths that says: "There is no prayer for the one who did not recite the Fatihah". Based on these hadith, the 3 Imams (Malik, al-Shafi`i and Hanbali) said that the Fatihah is a fard, and the prayer is invalidated if it is omitted deliberately.

However, the Hanafi School view is; it is wajib rather than fardh because there is a verse in the Quran that says, "Recite what is easy for you of the Qur'an" (QS 73:20). Their reasoning is that a verse of the Qur'an cannot be abrogated (cancelled) by a hadith Ahad.

Scholars from other School of Thoughts sometimes find these rulings in the Hanafi School useful because they are concerned for the sin and certainty when speaking in the name of God. Allah SWT clearly mentioned in the Quran:

"Do not say about what your tongues assert of untruth, "This is lawful and this is unlawful," to invent falsehood about Allah. Indeed, those who invent falsehood about Allah will not succeed." (QS 16:116)

The Prophet(pbuh) said:
"Do not tell a LIE AGAINST me for whoever tells a LIE AGAINST me then he will surely enter the Hell-fire." (Narration of Sahih Bukhari)

(the meaning of this hadith is never use the name of the Prophet to tell a lie, or quoting something which the Prophet did not do or say but maligning him by using his name for authenticity...)


Wallahu'alam