Assalamu Alaykum Wa Rahmatullahi Wa Barakatuh
All praise and gratitude are due to Allah SWT. May the blessings and peace of Allah SWT be upon His Messenger PBUH.
Ahkam, or rulings, in the Shariah are derived from applying the methodologies of fiqh, or Islamic jurisprudence. There are different types of rulings, based on the evidence upon which the ruling is built.
A Hukm (ruling) Shar’i or a Sharia ruling is established via ‘a communication from the Law Giver (Allah, through His Messenger)’ (Taftzani: At-Talweeh, p.40). There are two aspects to the Hukm Shar’i. When communication is made from Allah or His Prophet SAW in the form of a demand (whether this be a demand to compulsorily or optionally do something or to compulsorily or optionally refrain from something) the Hukm is called ‘Al-Hukm Al-Taklifi’ (defining law or primary law).
The categories of al-Hukm al-Taklifi are outlined below. If the communication is made concerning a condition, a cause, or an impediment that is related to a primary demand, it is called al-Hukm al Wad’i (law of provision).
For instance, take the verse of the Quran – ‘establish regular prayers at the sun’s decline’ (Quran: 17:78). The legal ‘cause’ of the Dhuhr prayer, as communicated by Allah in this case, is the ‘sun’s decline’. An example of a conditional case of Al-Hukm Al-Wad’i would be the requirement of wudu before establishing prayer.
Furthermore, an example of a legal impediment would be physical or financial factors that impede upon one’s ability to carry out the hajj pilgrimage (Quran 3:97).
The commandments of the five pillars of Islam and the rights and obligations we are owed and owe as Muslims all fall within certain categories of Al-Hukm Al-Taklifi (defining laws). These categories have counterparts with respect to prohibiting laws.
For example, the prohibition of murder, adultery, drinking, theft and many more are also covered by the category of Al-Hukm Al-Taklifi. The implementation of these laws is the sole justification of the categories’ formulation.
All laws that provide the option of choice between two alternatives, possess the nature of ‘Takhyeer.’ This designation is self-evident, as man has the freedom and authority to commit them or avoid them. All rulings that are deemed ‘Mubaah’ (permissible, see below) fall within this category.
The most important point, for our matter, is that the Defining or Primary Law is divided (according to the Hanafi School of Islamic Jurisprudence) into 11 grades, based on the strength of demand, textual proof and the scale of value contained in the demand. Here is a table that shows the grades from top (strongest demand with great proof) to bottom (weaker demands):
| Grades of Commission | Grades of Omission |
| Obligatory فرض Fardh | Forbidden حرام Haraam |
| Imperative واجب Waajib | Condemned مكروه تحريمي Makrooh Tahreemi |
| Mandatory recommendation سنة موكدة Sunnah Mu’akkadah | Disapproved اساء ت Isaa-at |
| Directory recommendation سنة غير موكدة Sunnah Ghayr Mu’akkadah | Improper مكروه تنزيهي Makrooh Tanzeehi |
| Commendable مستحب Mustahab | Uncommendable خلاف الأولى Khilaaf-al-Awla |
*Indifferent/Permissible/Discretionary مباح / جائز Ja’iz or Mubaah*
Each classification and its parallel possesses the same strength of demand but in a differing direction (eg. Haraam is parallel to Fardh as they both hold the same legal strength but Haraam is a grade of omission while Fardh is a grade of commission).
Mubaah is optional and belongs to both – it may be committed or omitted, and there are no legal consequences for either committing or omitting a Mubaah act.
If there is a binding demand from the Lawgiver to do something and it is definitive (Qat’i) in text and meanings, it will give the legal value of Fardh. If it is a binding demand to abandon something with the same level of proof as Fardh, it will be Haraam.
Haram is also further divided into two:
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- Haram li-dhatih, that which is forbidden for its own sake (such as wine, gambling) and,
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- Haram li-ghayrih, that which is forbidden for an external reason (such as marrying a woman only to make her legal for another man, known as tahlil).
Fardh and Haraam are two extreme grades of commission and omission proven from definitive communication (Qati’ al-Thabut & Qati’ al Dalalah) from the Law Giver. All other grades established from divine communication are lesser than definitive status.
And Allah SWT knows best.