Volume - IV / CHAPTER - 1 / LESSON NO: 8 / PAGE 2 OF 2
TERMINOLOGY OF SHARI'AH'S COMMANDS
Q11. How many kinds of forbidden things,acts are there?
A. "Mamnoo'aat-e-Shariah"(prohibitions of Shariah) are of five kinds i.e. "Haraam-e-Qat'ai" (absolutely unlawful), "Makrooh Tahreemi"(odious to the extent of being forbidden), "Isaa-at" (bad but less than odious), "Makrooh Tanzihi" (undesirable) and "Khilaaf-e-Ulaa" (acts,things inimical to Sunnah, decency).
Q12. What is "Haraam-e-Qat'ai"?
A. "Haraam-e-Qat'ai" is that prohibition of Shariah whose unlawfulness and forbidding are proved by the cogent and unquestionable argument,reason. This is the opposite of "Fard" (obligatory act). Its intentional commission amounts to major sin and transgression. It is obligatory on and rewarding for believers to refrain from it to their best.
Q13. What is "Makrooh Tahreemi"?
A. "Makrooh Tahreemi" is that prohibition of Shariah whose forbidding is proved by undeniable reason. This is the opposite of "Waajib"(e-ssential act). It is sinful to commit it as it renders worship defective though its sinfulness is less than that of "Haraam". Repetition of Makrooh Tahreemi is tentamount to major sin.
Q14. Can "Makrooh Tahreemi" be called "Haraam" or not?
A. The difference between "Haraam" and "Makrooh Tahreemi" is based on beliefs like the denier of unlawfulness of "Haraam-e-Qat'ai" is infidel whereas the one who denies the forbidding of "Makrooh Tahreemi" is not infidel. Abstention from Makrooh Tahreemi is essential as it is obligatory on believers to eschew "Haraam" and on this ground Makrooh Tahreemi may be called "Haraam". Muslim scholars sometimes describe "Haraam" as "Makrooh".
Q15. What is "Isaa'at"?
A. "Isaa'at" is that prohibition of Shariah whose forbidding is not so strong as it is for "Haraam" and "Makrooh Tahreemi" but its commission is bad. The one who occasionally commits it deserves Divine anger and in case of being habitual he is culpable for torment. "Isaa'at" is the opposite of Sunnat-e-Muakkadah".
Q16. What is "Makrooh Tanzihi"?
A. "Makrooh Tanzihi" is that prohibition of Shariah whose commission is considered undersirable in Shariah. However, its undesirability is not to the extent of "Wa'eed"(warning of dire consequences). The one who avoids it earns goodness and reward and in case of commission he is liable to neither torment nor Divine anger.
"Makrooh Tanzihi" is the opposite of Sunnat-e-Ghair-Muakkadah".
Q17. What is "Khilaaf-e-Ulaa"?
A. "Khilaaf-e-Ulaa" is that prohibition of Shariah whose commission is against decency. It is better for believer to avoid it but he would not be held accountable if committed. Its avoidance is praise-worthy. "Khilaaf-e-Ulaa" is the opposite of "Mustahab".
Q18. What is "Mubaah"?
A. "Mubaah" is that thing,act for which there is neither any command nor prohibition that is neither permitted nor forbidden. Therefore, its commission and non-commission brings the committer no reward and no torment like taking delicious food and fine cloths provided it is not done for pomp and show.
Q19. Does any "Mubaah" act,affair need any Shar'i reason or not?
A. Those who say or claim that such and such act,affair is lawful or "Mubaah" need no Shar'i argument,reason for its lawfulness in the absence of any Shar'i reason on its prohibition and thus it is itself a cogent proof of its lawfulness. Had such act,affair been wrong or unlawful the Shariah would have definitely admonished and commanded to abstain from it.
Q20. Can any "Mubaah" act,affair be called "Haraam" or "Bid'at" as a precausionary measure or not?
A. The Holy Qur-aan has been sent down and Islaam perfected. No new command or prohibition is to come to us. So pardone has been determined for all those acts, affairs about which no prohibition is proved by the Shariah. It is, indeed, very kind of Allah Almighty and His Messenger who have left such things to us. The Holy Prophet has himself said that whatever Allah Almighty has declared "lawful" in His holy book (Qur-aan) is lawful for you and whatever has been declared unlawful is unlawful for you and that thing is also permitted for which there is no command or prohibition.
Allah Almighty Himself says in the Glorious Qur-aan: and whatsoever the Messenger gives you, take (i.e. follow that) and whatsoever he forbids you, refrain from that.
In view of these saying of the Holy Prophet and command of Allah Almighty it becomes clear that an act,affair about which there is neither any command nor prohibition, is neither "Waajib"(essential) nor a sin but "Mubaah"(forgiven act). The one who describes any act,affair as forbidden, unlawful or odious should either prove its badness or that Shariah (Qur-aan-o-Hadees) has forbidden it or there is consensus of Muslim scholars on its unlawfulness.
Calling or declaring any act,affair "Haraam" or "Makrooh" until and unless proved by the Shariah is no wisdom as it imposes unnecessary limitations on believers.
Besides, such measure is also tentamount to creating a new "Shariah". Every believer must avoid such things.
Those "Mubaah" acts,affairs which are done with the spirit of love and reverence like "Mehfil-e-Meelaad" (commemoration of the Holy Prophet's birth), recitation of "Salaat-o-Salaam"(invocation of Allah's blessings & peace on the Holy Prophet) in standing position are desirous and highly rewarding ones. That's why "Ahle Sunnat wa Jama'at" is in agreement and has consensus on arranging and holding "Mehfil-e-Meelaad" programmes.
Q21. Can "Sunnat" be called "Nafl" or not?
A. "Nafl" (pl.Nawaafil) is that permissible and lawful act which is neither "Fard"(obligatory) nor "Waajib" (essential). So it is a common (lawful) word which is also applicable to "Sunnat"(pl.Sunan). Therefore, Muslim jurists have also explained about and commented on "Sunan"(Prophet's practices, sayings) in their books of Islaamic jurisprudence. However, if there is any particular thing about "Sunan", those are explained separately.
Q22. How many Shar'i reasons,sources are there by which these Shar'i commands are proved?
A. There are four Shar'i reasons,sources i.e. the Holy Qur-aan, Ahaadees, Ijma-e-Ummah and Qiyaas.
Q23. What does "Qiyaas" mean?
A. Shar'i meaning of Qiyaas is to refer any "Furoo'i Masalah" (subsidiary issue,matter) to the main issue,matter in respect of 'Illat (cause,ground) and "Hukm" (command). For instance, an intricate (subsidiary) issue,matter crops up whose lawfulness or unlawfulness is not directly proved by "Qur-aan-o-Hadees". In such situation, similar issues,matters available in "Qur-aan-o-Hadees" will be consulted and researched and 'Illat and "Hukm" of whichever of them are found in agreement with it the "command" of the said main issue,matter will be applicable to the subsidiary issue,matter in question. This referral and analogical process is called "Qiyaas". Qiyaas is, in fact, a manifestation of Shari'ah which unveils hitherto covered commands of Qur-aan-o-Hadees.
No Tom, Dick or Harry can make Qiyaas. It is an exclusive job of Mujtahid (the Muslim jurist who exercises his independent opinion). Qiyaas is proved by Holy Qur-aan, Holy Prophet and words and deeds of the Prophet's companions. Therefore, its outright rejection is infidelity.