Terms Used by Muslim Jurists to Define Kinds of Hukm al-Shara`ee
Question
Title: Terms Used by Muslim Jurists to Define Kinds of Hukm al-Shara`ee Question: What are the two types of Hukm al-Shar'ee ( Takleefy and Wada'ee ) can you please give me examples? Answer: Before explaining the connotation of the referred terms, I would like to clarify that these terms are not a part of the Shari`ah , but have generally been used by the Muslim jurists for ease in communicating the concepts related to the directives of the Shari`ah . Simply stated, the directives of the Shari`ah (hukm al-Shara`iy) have been categorized, for a better understanding, into two groups: 1) the directive itself, in which a person is directed to perform or refrain from an action (hukm al-takleefiy) ; and 2) the internal or external circumstances under which a particular directive (hukm al-Shara`iy) becomes applicable (hukm al-wadha`iy) . Kashaaf Istalahaat al-Funoon has described the two categories as under: Thus, the address (of the Shari`ah ) is of two kinds: 'Takleefiy' : which relates to the actions of those who are given the directive, whether in the shape of an obligation (imposed upon them) or of a choice (given to them); and 'Wadha`iy' : which explains the relation of one thing with the other. This is further divided into three groups: a) 'Sababiy' : which explains the reason for a particular action (ordained in 'takleefiy' ), as for instance, the timings of fall of the sun are for Sala'h ; b) 'Shartiy' : which explains that such is a necessary condition for a particular (takleefiy) directive, as for instance, Tahaarah (cleanness) is for Sala'h ; and 'Maani`iy' : which explains that such are hindrances in carrying out a particular (takleefiy) directive, as for instance, being in a state of uncleanness is for offering Sala'h . The above should clearly explain the two terms. However, in case you require any further clarifications, do let me know. January 5, 2001
Answer
Title: Terms Used by Muslim Jurists to Define Kinds of Hukm al-Shara`ee Question: What are the two types of Hukm al-Shar'ee ( Takleefy and Wada'ee ) can you please give me examples? Answer: Before explaining the connotation of the referred terms, I would like to clarify that these terms are not a part of the Shari`ah , but have generally been used by the Muslim jurists for ease in communicating the concepts related to the directives of the Shari`ah . Simply stated, the directives of the Shari`ah (hukm al-Shara`iy) have been categorized, for a better understanding, into two groups: 1) the directive itself, in which a person is directed to perform or refrain from an action (hukm al-takleefiy) ; and 2) the internal or external circumstances under which a particular directive (hukm al-Shara`iy) becomes applicable (hukm al-wadha`iy) . Kashaaf Istalahaat al-Funoon has described the two categories as under: Thus, the address (of the Shari`ah ) is of two kinds: 'Takleefiy' : which relates to the actions of those who are given the directive, whether in the shape of an obligation (imposed upon them) or of a choice (given to them); and 'Wadha`iy' : which explains the relation of one thing with the other. This is further divided into three groups: a) 'Sababiy' : which explains the reason for a particular action (ordained in 'takleefiy' ), as for instance, the timings of fall of the sun are for Sala'h ; b) 'Shartiy' : which explains that such is a necessary condition for a particular (takleefiy) directive, as for instance, Tahaarah (cleanness) is for Sala'h ; and 'Maani`iy' : which explains that such are hindrances in carrying out a particular (takleefiy) directive, as for instance, being in a state of uncleanness is for offering Sala'h . The above should clearly explain the two terms. However, in case you require any further clarifications, do let me know. January 5, 2001
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