Fatwa ID: 08247

 

Answered by: Maulana Kawsar Ahmed

Question:

Assalamualaikum
Please give details of how Farz, Farz kifaya, wajib, Haram, tahrimi, tanzihi, sunnah muakkadah etc. are decided with examples for my understanding and what all makes one kafir.
Was salam

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

Fardh (compulsory):
It is that ruling wherein which there is no possibility of increase or decrease and has been established by a non-speculative, clear evidence within which there is no doubt. Hence, a person will be considered a Fāsiq (open sinner) for not carrying out actions of this nature without a valid excuse, and they will be considered a disbeliever for denying or rejecting that it is an obligatory act.

An example of a Fardh act: The number of units in the prayer — there is no possibility of the number of units in the Fardh prayer being increased or decreased because of the nature of evidence through which they have been established.

If a person denies or disagrees with the number of units of the Fardh prayer, then they will be deemed a non-believer, and if they don’t carry out the Fardh prayer, then they will be deemed a Fāsiq for forsaking it without a valid excuse.

Harām (Impermissible):
It is that ruling that has been established by a non-speculative, clear evidence within which there is no doubt. One who denies it being Harām will be considered a disbeliever, and the person who carries it out without any valid excuse will be considered a Fāsiq.

An example of this is: adultery and stealing.

Fardh Kifayah (communal obligation):
It is the exact same in terms of the general Fardh act, which is known as Fardh Al-‘Ain. The difference is that if one person or a small group of the community fulfils this obligation, then this obligation is uplifted from the rest of the community of that vicinity. [1]

An example of this is: the funeral prayer. [2]

Wājib (obligatory):
It is that which is established by speculative evidence, which means that it is not entirely clear in its meaning, but rather it can hold more than one interpretation or it has not been transmitted in the same manner as a Fardh issue.

It is the same as Fardh in the sense that a person is obligated to do it, and if they leave it out, then they will be sinful and even a Fāsiq (open sinner) if they forsake it out of belittlement or without any valid excuse. But the difference is that if one doesn’t believe in it, they will not be considered a disbeliever.

An example of this is: the Witr prayer according to the relied-upon view in the Hanafi Madhab.

Makruh Tahrimi (Major dislike):
It is that which is established by speculative evidence, meaning it is not entirely clear in its meaning, and it can hold more than one interpretation or it has not been transmitted in the same manner as a Haram issue.

It is similar to the Haram act in the sense that a person is obligated to avoid it. If they commit this act, then they will be sinful and even a Fāsiq (open sinner) if they commit it out of belittlement or without any valid excuse. But the difference is that if one doesn’t believe in it being Makruh Tahrimi, they will not be considered a disbeliever.

An example of this would be: the impermissibility of the consumption of the wild donkey.

Makruh Tanzihi:
It is that which was either initially impermissible, but due to it being very widespread and unavoidable, it has been classed as Makruh Tanzihi, like the saliva of a cat.

Or it is that which was initially permitted, but due to a reason it is considered as Makruh Tanzihi. A reason could be that its impermissibility is not certain, like in the case of the remnants of a predatory bird.

Ruling: A person will be given a lesser reward for avoiding it, and they will not be punished for committing this act.

Sunnah:
Sunnah actions are categorized into two types:

Sunnah Mu’akkadah (Sunan Al-Huda):
These are those Sunnah actions which are considered as being more emphasized than others. These are actions which the Noble Prophet ﷺ did regularly and seldom missed.
Ruling: A person may be entitled to reproach for constantly forsaking these acts without any valid reason.

Examples: The congregational prayer and the call to prayer.

Sunnah Ghair Muakkadah (Sunan Az-Zawaaid):
These are actions which are not as emphasized but are still important to do, as the Prophet ﷺ is reported to have done them, even if only once.

Example: The way that the Prophet ﷺ walked or the way he sat.

Ruling: If a person does not do these, he will not be entitled to reproach.

Nafl / Mandoob (supererogatory):

For these discussions, please check the Hanafi books on Usul Al-Fiqh (principles of legal jurisprudence). [4]

Only Allah knows best.

Written by Maulana Kawsar Ahmed
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham

 

reference:

[1] ثُمَّ الْفَرْضُ نَوْعَانِ فَرْضُ عَيْنٍ وَفَرْضُ كِفَايَةٍ فَفَرْضُ الْعَيْنِ عَلَى كُلِّ أَحَدٍ إقَامَتُهُ نَحْوُ أَرْكَانِ الدِّينِ وَفَرْضُ الْكِفَايَةِ مَا إذَا قَامَ بِهِ الْبَعْضُ سَقَطَ عَنْ الْبَاقِينَ لِحُصُولِ الْمَقْصُودِ وَإِنْ اجْتَمَعَ النَّاسُ عَلَى تَرْكِهِ كانُوا مُشْتَرَكِينَ فِي الْمَأْثَمِ

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ص262 – كتاب المبسوط للسرخسي – كتاب الكسب – المكتبة الشاملة

 

[2] (الْفَصْلُ الثَّالِثُ فِي التَّكْفِينِ) وَهُوَ فَرْضٌ عَلَى الْكِفَايَةِ، كَذَا فِي فَتْحِ الْقَدِير…

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ص160 – كتاب الفتاوى العالمكيرية الفتاوى الهندية – الفصل الثالث في التكفين – المكتبة الشاملة

 

[3] والأصوليون الأحناف شرحوا مفهوم السنَّة على هذا الأساس، وقسموا السنَّة إلى سنن هدى تطلب على سبيل التأكيد والوجوب أحياناً مثل الأذان، وسنن زوائد لا تطلب مثل هذا الطلب المؤكد، ونافلة وتطوع ونحو ذلك من الأقسام.

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ص249 – كتاب الأصل لمحمد بن الحسن ت بوينوكالن – السنة – المكتبة الشاملة

 

[4] ارجع لهذين الكتابين للتوضيح في هذه الباحث مع الأمثلة

نور الأنوار- فصل في الأحكام الشرعية – ط مكتبة البشري ص 479 – 470

مبادئ الأصول – بيان المشروعات و أحكامها و بيان المناهي – ط مكتبة البشرى ص 51 – 49