Persistent disputes over the classification of defining rule (Hukum Taklifi): suggested resolutions

Divine rule (Hukm shar‘i) has classically been defined as: “The communication of God (khitab Allah) concerning the conduct of the competent persons (af‘al al-mukallafin) by way of command (iqtida’), option (takhyir) anddeclaration (wad‘)”(Badran, n.d.).Classically too, the three ways by which the...

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Main Authors:	Abu Elgasim, Saad, Ansari, Abdul Haseeb, Arifin, Mahamad
Format:	Article
Language:	English
Published:	INSI Publications 2013
Subjects:	K Law (General) KBP1 Islamic law.Shariah.Fiqh
Online Access:	http://irep.iium.edu.my/31449/ http://irep.iium.edu.my/31449/ http://irep.iium.edu.my/31449/1/AJBAS-13-2-855-866.pdf

id	iium-31449
recordtype	eprints
spelling	iium-314492014-07-17T01:14:20Z http://irep.iium.edu.my/31449/ Persistent disputes over the classification of defining rule (Hukum Taklifi): suggested resolutions Abu Elgasim, Saad Ansari, Abdul Haseeb Arifin, Mahamad K Law (General) KBP1 Islamic law.Shariah.Fiqh Divine rule (Hukm shar‘i) has classically been defined as: “The communication of God (khitab Allah) concerning the conduct of the competent persons (af‘al al-mukallafin) by way of command (iqtida’), option (takhyir) anddeclaration (wad‘)”(Badran, n.d.).Classically too, the three ways by which the communication of Allah is concerned with the conduct of the competent person have been classified into two kinds: hukm taklifi and hukm wad‘i.hukm taklifi is concerned with the conduct of the competent person by way of command or option, and hukm wad‘i is concerned by way of declaration (Abd al-Wahhab, 1995).These two ways by which hukm taklifi is concerned with the conduct of the competent person have been further classified into several categories the number of which has been a subject of dispute. Dispute has also arisen over several issues discussed under these categories disputed. These disputes have persisted for as long as hukm taklifi itself has persisted, and therefore they are deemed to be inevitable. Some of these persistent disputes do not seem to be as inevitable as they are thought to be, and therefore this paper will attempt to resolve them. These persistent disputes pertain to the major classification of hukm taklifi into several categories as well as minor issues involved by the categories concerned. As for the major classification, the paper will consider the contentions made as to the number of its categories and the arguments made in their favour. As for the minor issues, similarly, the paper will consider the contentions made as to their nature and the arguments made in their favour. As for both, the paper will, having examined the arguments considered, prefer one contention to the other or others or, if not, suggest an alternative to them all.Having considered the contentions made and the arguments made in their favour, it is submitted that hukm taklifi is divisible into five categories as contended by the Jumhur and not seven as contended by the Hanafis. As contended by the Jumhur, though in a slightly different mode of reasoning, an act may be characterized by prohibition as well as obligation. Obligation, like prohibition, may never be collective, however it, unlike prohibition, may be elective. INSI Publications 2013-05-05 Article PeerReviewed application/pdf en http://irep.iium.edu.my/31449/1/AJBAS-13-2-855-866.pdf Abu Elgasim, Saad and Ansari, Abdul Haseeb and Arifin, Mahamad (2013) Persistent disputes over the classification of defining rule (Hukum Taklifi): suggested resolutions. Australian Journal of Basic and Applied Sciences, 7 (7). pp. 855-866. ISSN 1991-8178 http://www.ajbasweb.com/ajbas_may_2013.html
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General) KBP1 Islamic law.Shariah.Fiqh
spellingShingle	K Law (General) KBP1 Islamic law.Shariah.Fiqh Abu Elgasim, Saad Ansari, Abdul Haseeb Arifin, Mahamad Persistent disputes over the classification of defining rule (Hukum Taklifi): suggested resolutions
description	Divine rule (Hukm shar‘i) has classically been defined as: “The communication of God (khitab Allah) concerning the conduct of the competent persons (af‘al al-mukallafin) by way of command (iqtida’), option (takhyir) anddeclaration (wad‘)”(Badran, n.d.).Classically too, the three ways by which the communication of Allah is concerned with the conduct of the competent person have been classified into two kinds: hukm taklifi and hukm wad‘i.hukm taklifi is concerned with the conduct of the competent person by way of command or option, and hukm wad‘i is concerned by way of declaration (Abd al-Wahhab, 1995).These two ways by which hukm taklifi is concerned with the conduct of the competent person have been further classified into several categories the number of which has been a subject of dispute. Dispute has also arisen over several issues discussed under these categories disputed. These disputes have persisted for as long as hukm taklifi itself has persisted, and therefore they are deemed to be inevitable. Some of these persistent disputes do not seem to be as inevitable as they are thought to be, and therefore this paper will attempt to resolve them. These persistent disputes pertain to the major classification of hukm taklifi into several categories as well as minor issues involved by the categories concerned. As for the major classification, the paper will consider the contentions made as to the number of its categories and the arguments made in their favour. As for the minor issues, similarly, the paper will consider the contentions made as to their nature and the arguments made in their favour. As for both, the paper will, having examined the arguments considered, prefer one contention to the other or others or, if not, suggest an alternative to them all.Having considered the contentions made and the arguments made in their favour, it is submitted that hukm taklifi is divisible into five categories as contended by the Jumhur and not seven as contended by the Hanafis. As contended by the Jumhur, though in a slightly different mode of reasoning, an act may be characterized by prohibition as well as obligation. Obligation, like prohibition, may never be collective, however it, unlike prohibition, may be elective.
format	Article
author	Abu Elgasim, Saad Ansari, Abdul Haseeb Arifin, Mahamad
author_facet	Abu Elgasim, Saad Ansari, Abdul Haseeb Arifin, Mahamad
author_sort	Abu Elgasim, Saad
title	Persistent disputes over the classification of defining rule (Hukum Taklifi): suggested resolutions
title_short	Persistent disputes over the classification of defining rule (Hukum Taklifi): suggested resolutions
title_full	Persistent disputes over the classification of defining rule (Hukum Taklifi): suggested resolutions
title_fullStr	Persistent disputes over the classification of defining rule (Hukum Taklifi): suggested resolutions
title_full_unstemmed	Persistent disputes over the classification of defining rule (Hukum Taklifi): suggested resolutions
title_sort	persistent disputes over the classification of defining rule (hukum taklifi): suggested resolutions
publisher	INSI Publications
publishDate	2013
url	http://irep.iium.edu.my/31449/ http://irep.iium.edu.my/31449/ http://irep.iium.edu.my/31449/1/AJBAS-13-2-855-866.pdf
first_indexed	2023-09-18T20:45:38Z
last_indexed	2023-09-18T20:45:38Z
_version_	1777409656069554176

Persistent disputes over the classification of defining rule (Hukum Taklifi): suggested resolutions

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