Who is Hakim The Lawgiver? What is Mahkum Fiih The Act? And what are its classifications? Ahliyah Legal Capacity and its obstacles:. In the Islamic law the only Lawgiver is Allah. Allah is the True source of all laws.
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Posting Komentar. Abidlah Salfada B. There are five taklifi laws that we known commonly, such as ijab, nadb, tahrim, karahah and ibahah. Refer to the term law or legal object in the ushul fiqh is called mahkum fih, which means the act of a mukallaf associated with the syari command. One of the main characteristics of Islamic law is complete and comprehensive, meaning that Islamic law regulates the behavior of muslims in all dimensions of life.
There is no single act of muslims that is not covered by Islamic law. According to them, if an order is based on a definite proposition, the Qur'an and Mutawatir Hadith , the order is called fardhu. For example, the obligation to pay expiation is a punishment for someone who violates his oath. The person who swears without associating with time, then he violates his oath, then the expiation can be paid at any time. Time here is part of the obligation itself, so that if it is not yet time, obligations for him will not apply.
What's more, in that period of time it was unable to do other practices. People can repeatedly carry out the practice of Hajj, but repetitive practices are not counted as a liability.
The amounts in these two may not be changed, added to or reduced at any time. An example is the obligation of prayer and alms for every Muslim to forgive. An example is the implementation of Amar ma'ruf nahi munkar , prayer services, and learning tajwid. Like fasting prayer and the price of goods in buying and selling. Another example is the obligation to pay off debts for people who are in debt. For example, it is about payment for people who swear, may choose between feeding the poor, giving clothes to them, or freeing slaves.
Whereas in terms of the term means something that is required to do it legally syar'i, without any criticism of the person who left it. For example is how the Messenger of Allah slept, how to eat the Prophet, how to dress.
The scholars divide nutrient actions in the following sections:. That is a direct prohibition and since indeed it has been determined by its prohibition. So the child could not be connected to a man who had fertilized the woman.
That is an illegitimate act whose prohibition is not due to substance. Buying and selling at first the law is permissible, but because when it is carried out in the condition of entering Friday prayer time, the law changes to be unlawful. Prayer at first the law is obligatory, but if a person prays with a stolen product, then the law becomes unlawful.
These prohibitions do not lie in their own actions but because of the conduct of these acts together with conditions that make them illegitimate. The consequence is that if someone does this, he does not get sin. Hanafiyyah scholars divided into two forms:. An example is eating food that can cause a strong odor in the mouth before praying and eating meat of a horse.
An example is the prohibition on using silk and gold jewelry for men. An example is eating pork in the middle of the forest because there is no more food to eat, and if it is not eaten, that person can lose his life.
Or an act whose original law is Wajib , but because of an emergency, it may take relief to leave it. An example is breaking the fast for people who are sick, travelers, and mothers who breastfeed their children,. Examples are many things which before Islam dating were still permitted and were only banned after the Islamic prescription was made, but it was stated in the text that the actions carried out were forgiven.
For example, marrying the wife of a former father and marrying two sisters at the same time. Declaratory law, which is regulated by the proper implementation of al-Hukm al-takleefee , there are expounding the conditions, exceptions and qualifications there of; Secondary rules.
This is a ruling for general community and prerequisites that establish personal or communal obligations. If an action is prosecuted there is a reason, it has also fulfilled its requirements and has avoided all obstacles, then the deed has been declared fulfilling a legal qualification. Whereas according to the term, the road is the nature that is made by Allah as a sign of law.
This understanding shows that cause is the same as illat , even though there is actually a difference between cause and illat. Existence because this is also a clue to the existence of Sharia law. The condition is something that lies outside the law of Shara ', but the existence of the law of Shara depends on it. For example, ablution is one of the legal requirements for prayer; prayer cannot be performed without ablution. However, if a person has ablution, he does not have to pray.
Another example is a guardian in a marriage which according to the number of scholars is a condition in the absence of a Guardian, the marriage contract is definitely invalid, but with a guardian, marriage is not valid, because there are other conditions that must be met such as witnesses, contracts, and others. For example, the relationship between husband and wife and kinship relations leads to inheritance relationships.
However, this inherited right can be hindered by the child or wife who killed the husband or father who died. The killing act is seminal or a barrier to get inheritance from the person killed. The connection between semen, terms, and causes is very close. The barrier is there because the conditions are fulfilled. In other terms shah means after the achievement of objectives in the implementation of lawsuits both in the field of worship or muamalah. This means that the deed has been justified by God.
An example is the fulfillment of all conditions and the cause of the sunset prayer, and the avoidance of semen or barriers. Jobs that have fulfilled all the causes and conditions and are protected from obstruction are punished legally. Cancel is the opposite of legitimate.
Worship is said to be void if it violates the objectives of Syar'i. Abusing the syar'i purpose sometimes regarding the worship material itself such as not fulfilling the requirements and the existence of barriers. Sometimes the outer space that is detached from it, such as prayer is done with stolen clothing.
There is a fascist term according to the number of Hanafiyyah scholars. According to them the facade is when there is damage to the elements of the contract. The example is if a person performs evening prayers but is in a state of impurity due to wasting the wind, then the prayer becomes null and void.
This is said to be canceled because there is one of the legal requirements for prayers that are not fulfilled. Mahkum fih. The another example, in surat Al-Isra verses Wajib , is actions which are rewarded for those who do them and are threatened or got punishment for those who leave them.
There are two kinds of sunnah. Like sunnah rawatib prayer, sunnah and other fasting. Like answering greetings in a group. Haram , an act which if done will get a sin and if it is left it will get a reward.
Like gambling, killing, adultery and others. But generally, reward will be given for those who stay away from it. Like eating shallots when praying. Mubah , actions which are not rewarded for those who do them and are not threatened for those who leave them. For example, dressing well, playing football and others. The Requirements of Taklif. The act is perfectly known and detailed by Mukallaf , so that a command can be carried out in full as desired by Allah and His Messenger.
Therefore, the verse of the Qur'an which requires prayer globally without specifying its terms and conditions. Hence it is only necessary to carry out after a detailed explanation from the Prophet. Likewise the verse which instructs to carry out fasting, zakat and hajj.
So every effort to find a legal solution, the first thing to do is a discussion of the argument as a source of law. Acts that are ordered or prohibited must be in the form of actions that are within the limits of a person's ability to do or leave him. Then it is impossible to have an order from Allah and His Messenger which is impossible according to reason. For example, the command to fly without using a tool. The Kinds of Mahkum fih.
Obstacles that are natural and are able to be overcome so that the masyaqqah or obstacle is not influential, not giving and not lightening. For example, like being hungry when fasting, it is not a reason to cancel fasting.
But if the obstacles are not reasonable and cannot be overcome by Mukallaf , the law will be varied and different. And sometimes in an act there is a right of God and there is a right of servant.
Its purely Allah rights. That is everything that concerns the general benefit of humans, not certain to someone. Servant rights related to one's personal interests, such as damaging one's property, ownership rights, and using their own rights.
Such rights may be aborted by the owner. Compromise between the rights of God and the rights of servants, but the rights of God in those are more dominant, such as the punishment for the crime of qadzaf accusing others of adultery. Compromise between the rights of God and the rights of servants, but the rights of servants in them are more dominant, as in the case of qishash.
It means, actions that have applied God's law to him. For example. Al Baqarah : Crazy people, people who are sleeping soundly, children who are not yet mature baligh and people who are forgotten do not get taklif , as the Prophet said.
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Posting Komentar. Abidlah Salfada B. There are five taklifi laws that we known commonly, such as ijab, nadb, tahrim, karahah and ibahah. Refer to the term law or legal object in the ushul fiqh is called mahkum fih, which means the act of a mukallaf associated with the syari command.