” بُنِيَ الْإِسْلَامُ عَلَى خَمْسٍ: شَهَادَةِ أَنْ لَا إلَهَ إلَّا اللَّهُ وَأَنَّ مُحَمَّدًا رَسُولُ اللَّهِ، وَإِقَامِ الصَّلَاةِ، وَإِيتَاءِ الزَّكَاةِ، وَحَجِّ الْبَيْتِ، وَصَوْمِ رَمَضَانَ”

Buniyal Islamu Ala Khamsin: A brief introduction to the pillars of Islam7 min read

On the authority of Abdullah, the son of Umar ibn al-Khattab (ra), who said:

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عَنْ أَبِي عَبْدِ الرَّحْمَنِ عَبْدِ اللَّهِ بْنِ عُمَرَ بْنِ الْخَطَّابِ رَضِيَ اللَّهُ عَنْهُمَا قَالَ: سَمِعْت رَسُولَ اللَّهِ صلى الله عليه و سلم يَقُولُ: ” بُنِيَ الْإِسْلَامُ عَلَى خَمْسٍ: شَهَادَةِ أَنْ لَا إلَهَ إلَّا اللَّهُ وَأَنَّ مُحَمَّدًا رَسُولُ اللَّهِ، وَإِقَامِ الصَّلَاةِ، وَإِيتَاءِ الزَّكَاةِ، وَحَجِّ الْبَيْتِ، وَصَوْمِ رَمَضَانَ”. [رَوَاهُ الْبُخَارِيُّ] ، [وَمُسْلِمٌ].

I heard the Messenger of Allah (ﷺ) say, “Islam has been built on five [pillars]: testifying that there is no deity worthy of worship except Allah and that Muhammad is the Messenger of Allah, establishing the salah (prayer), paying the zakat (obligatory charity), making the hajj (pilgrimage) to the House, and fasting in Ramadhan.” [Bukhari & Muslim]

The completion of the religion of Islam is achieved through these five pillars, which are mentioned in the said Hadith. If even one of these pillars is missing, the structure of the religion remains incomplete. Although by confessing to Tawhid (the oneness of God) and Risalat (Prophethood), a person enters Islam and becomes entitled to be called a Muslim, his religion is completed when he also practices the other pillars.

Denying the obligation of any one of these pillars of Islam and abandoning it renders a person an unbeliever. However, neglecting them out of laziness or carelessness makes one guilty of a grave sin and a transgressor, but does not expel them from the fold of Islam.

These are the pillars and fundamental columns upon which the structure of Islam is established. Now, an explanation of all these is being given.

Table of Contents

The first pillar of Islam: Acknowledgment of Tawhid and Risalat

The first pillar of Islam consists of two parts. The first part is called ‘Tawhid,’ meaning acknowledging with heart and tongue that there is no true deity except Allah. He is the fulfiller of needs and the solver of problems. He is the master of life and death. He is the giver of children, the provider of sustenance, and the master of benefit and harm. He alone is the Supreme Authority; all others are his powerless servants. No prophet, saint, angel, or elder is his partner or equal in His being, attributes, rights, and actions. He is unique in His attributes as He is in His being. The belief contrary to Tawhid is known as Shirk (associating partners with Allah).

The second part of Islam’s first pillar is ‘Risalat’ (Prophethood). It means that Allah Almighty sent prophets and messengers in every era for the guidance of humanity. This series began with Adam and ends with Muhammad (ﷺ), who is the last in this chain. He has come as a prophet and messenger for all humans until the Day of Judgment. After him, no prophet or messenger will come. Anyone claiming prophethood or messengership is a liar, and believing in such a person is apostasy and disbelief.

The Second Pillar of Islam: The Establishment of Prayer

After reciting the Shahada (the declaration of faith), the first duty imposed on a Muslim is to perform Salah (prayer). The significance of Salah in Islam has been emphasized greatly. The Quran repeatedly commands the performance of prayers hundreds of times, and in many places, Salah is described as a sign of the faithful. On the Day of Judgment, the first account to be settled will be that of Salah. If a person succeeds in this, they will succeed in all other accounts. The Prophet Muhammad (ﷺ) has defined the boundary between Islam and disbelief as Salah. He emphasized its importance to the extent of saying: “When a child reaches seven years, teach them to pray. If they reach ten and are negligent in their prayers, discipline them.” [Abu Dawood: 494] The Caliph Umar ibn al-Khattab said, “A person who does not perform Salah has no connection with Islam.” [Muwatta: 45] In the Quran and the Hadiths, the word ‘Iqamat’ (establishment) is used for Salah. The meaning of Iqamat is not just to perform prayers but to do so with commitment, observing all conditions and etiquettes, consistently, and in the congregation following the Sunnah. May Allah grant us all the ability to act accordingly.

The Third Pillar of Islam: Zakat

The literal meaning of Zakat is growth and purification. Those who are financially capable are commanded by Allah to spend a specific portion of their wealth in His way. This is to ensure the circulation of wealth, so that love for wealth does not dominate the hearts of the wealthy, and to assist those in the community who are destitute, poor, and needy. A person who possesses the Nisab (the minimum amount of wealth liable for Zakat) is required by Sharia to distribute a fixed portion to specified beneficiaries, such as a person owning seven and a half Tolas of gold or fifty-two and a half Tolas of silver. After a year passes, it is obligatory to pay one-fortieth of this wealth as Zakat. Similarly, if someone owns forty goats for a year, it is obligatory to give one goat as Zakat after a year. There are separate Nisabs for other assets like cows, camels, etc. Ushr (a form of Zakat on agricultural produce) and Sadaqat al-Fitr are also types of Zakat.

The Fourth Pillar of Islam: Hajj

It is obligatory for a person who is financially capable, meaning able to afford the journey to the House of Allah after fulfilling all the needs of his dependents, to perform Hajj during the designated days. The rituals of Hajj include wearing Ihram, performing Tawaf around the Kaaba, Sa’i between Safa and Marwah, cutting hair, presenting oneself in Mina, standing at Arafat, and staying at Muzdalifah, among others. Hajj has great rewards. The Prophet Muhammad (ﷺ) said: ‘The reward for an accepted Hajj is Paradise.’ [متفق علیہ]

In another Hadith, the Prophet (ﷺ) said: ‘After performing Hajj, a person becomes as sin-free as if he was born anew.’ [متفق علیہ] Hazrat Ali (May Allah be pleased with him) stated: ‘A person who does not perform Hajj despite having the means to do so, might as well die a Jew or a Christian, as there is no sign of Islam in him.’ Hazrat Umar Farooq (May Allah be pleased with him) said: ‘I plan to send my workers around the country to find those who, despite having the means, do not perform Hajj, so that I may impose Jizya on them, for they are not Muslims.’

The Fifth Pillar of Islam: Fasting in Ramadan

It is obligatory for Muslims to fast during the month of Ramadan once a year. Fasting is mandatory for every sane, adult, healthy Muslim man and woman. Fasting involves refraining from eating, drinking, and fulfilling carnal desires from dawn to sunset. Fasting makes a person pious and God-fearing. Travelers and the ill are permitted to break their fast but must make up for it after Ramadan. Fasting has great virtue and reward. The Prophet Muhammad (ﷺ) said: ‘Whoever fasts with faith, seeking reward from Allah, his past sins will be forgiven.’ [Bukhari, Muslim] Fasting develops endurance, patience, and empathy for the poor, and has numerous health benefits.

These five pillars have fundamental importance in the religion of Islam. Just as the depth and strength of foundations are essential for the stability of a building, similarly, the solidity of Islam also depends on deep and strong faith. And just as decoration materials are necessary for the beautification of a building, the beautification of the edifice of Islam is achieved through righteous actions. In fact, some scholars argue that faith without actions is incomplete. Hence, the Prophet (ﷺ) said in this Hadith: ‘The foundation of Islam is based on these five things.’ This means that without them, the very structure would cease to exist.

Moreover, the Prophet Muhammad (ﷺ) has set these pillars as the standard for friendship and enmity. Those who adhere to them are guaranteed the protection of their life and property, otherwise, in the eyes of Islam, their life and property are not secure.

Hadith Pillars of Islam

On the authority of Abee `Abd ir-Rahmaan `Abdullaah, the son of `Umar ibn al-Khattab (radiAllaahu ‘anhumaa), who said: I heard the Messenger of Allaah (sallAllaahu alayhi wa sallam) say:

Islaam has been built on five [pillars]: testifying that there is no deity worthy of worship except Allaah and that Muhammad is the Messenger of Allaah, establishing the salaah (prayer), paying the zakaah (obligatory charity), making the Hajj (pilgrimage) to the House, and fasting in Ramadaan.

Related by Bukhari and Muslim

Brief Commentary:

The correct translation of Islam is “submission”, and it is incorrect to translate it as “peace”
A building is built on pillars, and if the pillars are not there, then the building will collapse, therefore if these pillars of Islam are not there then a person’s Islam will collapse
We are required to say the testimony in this lifetime, and believing in it without having ever said it is not sufficient
It is incorrect to translate “la ilaaha illa Allah” to be “There is no god but Allah” because Allah mentions in the Qur’an that there are other gods, and He also spoke about the one who takes his desire to be his god, therefore we don’t say there is no god but Allah because there are other gods but they are not real gods that deserve worship.
The correct translation of “la ilaaha illa Allah” is “There is no deity worthy of worship except Allah”
Virtues of “la ilaaha illa Allah”:
- It is a price tag for the gardens of paradise
- He whose last words are la ilaaha illa Allah will enter paradise
- It is a salvation from the hellfire
- It necessitates being forgiven
- It is the best of all good actions
- It wipes away sins
- It renews the eeman that is planted in the heart
- It outweighs on the scales the records of sins
- It traverses all barriers until it reaches Allah, the Majestic
- It is the best of what all the prophets have said
- It is the best form of remembrance
- It is a protection from the shaytaan
- It is a means of safety from the darkness of the grave and the terror of the gathering
- It will be a distinguishing sign for the believers when they emerge from their graves
- To know it is the best blessing that Allah has blessed us with
The prophet (sallaAllahu ‘alayhi wasallam) said, “Whoever says la ilaaha illa Allah will enter Jannah” (Reported in ibn Hibban). This doesn’t mean just saying it, rather it means saying it with full meaning, therefore fulfilling its conditions
The conditions of of “la ilaaha illa Allah” are:
- Knowledge in what you are saying. [Muhammad:19]
- Certainty in what you are saying. [Al-Hujurat:15]
- Sincerity in your worship. [Al-Zumar:2]
- Truthfulness in what you are saying. [Al-Zumar:54]
- Love for what you are saying and what it entails. [Al-Baqarah:165]
- Submission to what it entails. [Al-Nisaa’:125]
- Acceptance in everything that it entails. [Al-Ahzab-36]
The conditions of “Muhammad Rasoolu Allah” are:
- Affirming his message and believing in it inwardly within the heart. [Al-Hujurat:15]
- Uttering the testimony and affirming it outwardly upon the tongue. [Al-Hujurat:15]
- Following him by acting upon whatever he has come with from the truth and abandoning whatever he has prohibited from falsehood. [‘Aal-Imran:31]
- Attesting to whatever he has informed of from enjoining the good and prohibiting the evil and the unseen affairs of the past and in the future and other than that. [Al-Hashr:7]
- Love for him must be more intense than love for oneself, wealth, father, son and all of the people. (The prophet (sallaAllahu ‘alayhi wasallam) said, “None of you truly believes until I am more beloved to them than their father, children, and all of mankind” [Reported in Bukhari & Muslim])
- Putting his statement over the rest of the people, regardless of whoever they might be, and to act upon his Sunnah. [Al-Hujurat:1]
- To magnify, honour, respect, exalt, and revere him. And to magnify, honour respect, exalt, and revere what he came with from Allah, and that is the Book and the purified Sunnah. And that cannot occur, except by acting upon the two of them and loving them more than one loves himself. [Al-Fat-h:8,9]
The testimony is an example of how the previous prophets (alayhim assalam) used to give da’wa, which is by negating all that is incorrect and then affirming what is correct. This can be seen as the testimony starts off with a negation “None worthy of worship”, which is followed by an affirmation “except Allah”
A major deviation of the real purpose of the testimony is to say that everything is in the heart and actions are not needed
Another major deviation is to concern ourselves with purification of the heart and ignoring everything else

The hadith says “establishing the prayer”, which is different to just “praying”
In the Qur’an Allah refers to the believers as those who establish the prayer, but when He speaks about the ones who don’t pray properly, or don’t pray on time, He just refers to them as “the ones who pray” e.g. {Woe unto the ones who pray} [Al-Maa’oon, 107:4]
Definitions of “establishing the prayer”:
- Praying with the heart, soul, with awe and with khushoo’
- Bowing and prostrating, reciting of a complete manner, with full concentration and fear of Allah
Prayer is the best of deeds
The effects of prayer on a person keeps him away from evil
Ibn Al-Qayyim said prayer is of five degrees:
- The one who is careless and is therefore punished
- The one who prays on time but at the same time he is distracted and is therefore admonished
- The one who fulfils his prayer by fighting the devil and is therefore redeemed
- The one who is entirely concerned with his prayer and is therefore rewarded
- The one who performs his prayer while only being preoccupied with Allah and is therefore rewarded and brought closer to Allah
Abandoning the prayer takes someone out of the fold of this religion
The Messenger of Allah (sallaAllahu ‘alayhi wasallam) was talking about obligatory prayers and he said, “whoever abandons it purposely, then bari’at minhu al dhimma (Islam is free from him)” (ibn Majah)
The Messenger of Allah (sallaAllahu ‘alayhi wasallam) said: “The covenant that distinguishes between us and them is the prayer, and whoever neglects it has disbelieved (become a kaafir).” (Ahmad)
However, The Messenger of Allah (sallaAllahu ‘alayhi wasallam) also said: “Whoever says la ilaaha illa Allah will enter jannah” (ibn hibban)
The above hadith seems to contradict the two hadiths mentioned before it, as the implied meaning of the hadith is that saying “la ilaaha illa Allah” is sufficient to admit someone into Jannah
To understand the topic better, and remove the conflict, Scholars say:
- Shahada is the key to jannah, and every key has its teeth. The teeth for it were mentioned in the commentary of the first part of the hadith, and they included “Submission to what it entails”, therefore praying falls under this condition
- We give preference for the explicit evidences over the implicit ones. The above hadith implies that prayer is not required to admit someone into Jannah, but the two hadiths before it explicitly say that it is required, so we understand it in light of the two hadiths before it, which is that prayer is actually required
The majority opinion is that if someone generally stops praying then he becomes a kaafir, but if he prays on and off then he is not a kaafir, but has committed a grave sin
Prayer is composed of pledges, commitments, and recognitions which we make in every prayer. A great short piece of work was written on this topic. A summary in English can be found by going to https://hadithcommentary.wordpress.com/articles/letteronsalah
Zakah linguistically means:
- To purify
- To grow
- To bless
The Shar’i (Islamic) meaning is: To give a certain amount of wealth from a certain category of wealth to a certain group of people at a certain time of year
From the above definition, we learn that zakah is not always 2.5%, as sometimes it can even be 10%, depending on what you are giving zakah from
If we don’t pay zakah, then had it not been for the animals, we would be prevented from rain
Importance of zakah:
- Usually listed with Salah in the Qur’an
- Reason for Abu Bakr to wage war on the Arab tribes
- Can be a reason for Allah withholding rainfall from us if we leave it
- Can be a source of punishment for us in the hereafter if we leave it
Why we give zakah
- It is a test for those who claim to love Allah, as you are parting with what you love (wealth) for what you love more (Allah)
- To be free from the destructive characteristic of miserliness
- To thank Allah for His blessings
Benefits of giving zakah
- It frees oneself from miserliness which Allah ordered us to stay away from. [Al-hashr, 59:9]
- It refines your character
- It increases your wealth. [Saba’, 34: 39]
- It helps you to strive against your own nafs (soul)
- It shows that Islam is not an individualistic faith
- It helps in tasting the sweetness of Iman
It is haram to do hajj and fulfil all its requirements, but think you haven’t been forgiven
Benefits of hajj:
- You have all of your sins forgiven
- Entails all the five pillars of Islam
- You glorify and manifest the emblems of Allah
- Helps a person in submitting to Allah
- Teaches us that Allah’s wisdom and knowledge is greater than ours
The linguistic meaning of fasting is to restrain oneself from something
The shar’i (Islamic) meaning of fasting is refraining from food, drink, and sexual intercourse from dawn until sunset
Fasting can be split into three levels
- General fasting: abstaining from food, drink, and sexual intercourse
- Special fasting: general fasting + keeping the tongue, eyesight, hands, feet, hearing and all other limbs away from sins
- Extra special fasting: special fasting + restraining the heart from lowly ambitions, thoughts that move one away from Allah, and freeing it from anything other than Allah
Fasting helps in attaining piety because we train ourselves from refraining from good things, so it will be easier to refrain from bad things
When we break our fast, we are happy because we can eat, and because the reward of fasting has no limits
Benefits of fasting:
- Helps in attaining piety
- Decreases one’s desires
- Has unlimited reward
- Reward can never be taken away from us

Benefits and Action points:

Increase in saying la ilaaha illa Allah for it is a great form of remembrance of Allah
Understand the correct meaning of la ilaaha illa Allah
Adhere to the prophets’ (alayhim assalam) way of giving da’wa be first negating what is wrong, then affirming what is correct
Understand, learn, and adhere to the conditions of la ilaaha illa Allah, and Muhammad Rasoolu Allah
la ilaaha illa Allah is the key to paradise, but every key has teeth which enable it to open the door, and the teeth for this key are the conditions of la ilaaha illa Allah so you must adhere to them for this key to work
Ensure you establish the prayer by adhering to the descriptions mentioned in the definition of “establishing the prayer”
Ensure you pray on time and are not from the ones whom Allah has threatened in Surah Al-Maa’oon by saying {Woe unto those who pray}
Ensure you pray in the Masjid as you cannot consider yourself to be a practicing Muslim if you are not making an effort to pray in the Masjid
Aim to achieve the highest level from the five degrees of prayer mentioned by Ibn Al-Qayyim
How to increase in khusoo’
- Right preparation before you pray
- Tranquillity of the body
- Remind yourself of death in the prayer
- Understand and reflect on the meaning of the verses
- Maintain the etiquettes of reciting the Qur’an
- Recite beautifully
- Realise that Allah loves this act
- Look at the place of prostration
- Vary what you say in the prayer
- Remember who you are standing before
- Read the stories of the pious predecessors
Reflect upon the reasons on why we give zakah and ensure you include them in your intention when you give zakah or sadaqah
Study the fiqh of zakah and understand when, how much and from what wealth you must give zakah
Manners when giving zakah/sadaqah
- To be aware with what is intended behind the zakah or sadaqah itself
- Give your wealth in secret
- Do not spoil your wealth. [Al-baqarah, 2:264]
- Belittle what you give
- Choose the most halal, best, and most beloved wealth to you to give to charity
- Choose the best people to give the charity to
How to protect oneself from greed:
- Say: “اللهم إني أعوذ بك من البخل” (Oh Allah, I seek refuge in you from miserliness)
- Believe in divine destiny
- Look at those who are below us
Intend to do hajj at the earliest opportunity and ensure you do so
Try to attain the extra special level of fasting as defined above
Increase in voluntary fasts, especially Mondays and Thursdays, and at least 3 days of the month, preferably being the white days, which are the 13th, 14th and 15th of the Hijri month
Sunnah actions when fasting:
- Have suhoor and have it late
- Break your fast early
- Break your fast with dates
- Be generous in Ramadhan
- Read the Qur’an
- Do i’tikaf in the Masjid
- Increase in righteous actions especially in the last ten nights of Ramadhan.

SHARI’AH RULINGS (Ahkam al-Shar‘iyyah)

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SHARI’AH RULINGS (Ahkam al-Shar‘iyyah)

One of the major objectives of Islamic teachings is to guide people towards what is good and right, and to protect them from what is bad, harmful and wrong. Laws and rules are therefore important in helping to identify right from wrong, and in guiding people towards a better and more fulfilling life in accordance with God’s will. Thus, it is important to know how deeds, actions and things are classified, valued and judged, and what the law regards as so important to the objectives of the Islamic way of life as to make compulsory or prohibited, encouraged or discouraged, or merely permissible. These judgments, rulings and verdicts are referred to as the Shari’ah rulings.[1]

Shari’ah rulings however are usually grouped into 2 major categories or types. Those that deal with what is permitted or prohibited for a responsible adult Muslim (mukallif) are referred to as “defining law” (al-hukm al-taklifi), while those that deal with the factors and circumstances that make the permitted and prohibited correct and appropriate for their purposes are referred to as “Declaratory law” (al-hukm al-wad’i).

The first group – the “Defining Law” (al-hukm al-taklifi), mainly defines the extent of man’s choice and liberty of action and consists of a demand or an option. Defining law may therefore be described as a communication from the Lawgiver which demands the responsible adult (mukallaf) to do something or forbids him from doing something, or gives him an option between the two.[2] This type of hukm occurs in the well-known 5 categories of fard/wajib (obligatory), mustahab/mandub (recommended), makruh (discouraged/tolerable), haram (forbidden), and mubah (permissible).[3]

Therefore, issues requiring a religious ruling or verdict (hukum or fatwah) are processed by scholars using the methodology and tools of Usul al-Fiqh. The products of these processes are their “Shari’ah rulings” (Al-Ahkam al-Shar‘iyyah or more precicely, Al-Ahkam al-Shar’iyyah al-Taklifiyyah) which determine the level of accountability, and legal or moral responsibility of a believer on a particular issue. These rulings only apply to Muslims with legal responsibility – i.e. one who is above the age of maturity, free from bondage, and is of sound mental health. These “Shari’ah rulings” (Al-ahkam al-Shar’iyyah al-Taklifiyyah) are the terms used to describe the value and degree of desirability or otherwise of a thing or action.

These Shari’ah rulings or value judgement are broadly classified into the following categories:

Fard or Wajib – compulsory, obligatory, and sinful if omitted. This category is the opposite of haram which is sinful if committed. Some of these are individual obligations (fardu ‘ayn) while others are social or collective obligations (fardu kifaya).

Examples include the five daily prayers, giving zakat, being just, telling the truth, fulfilling responsibilities, keeping oaths, burying the dead, ensuring security, basic education, and avoiding haram, etc.

– Recommended, encouraged, liked, praiseworthy, rewarded if performed but not punished if omitted. It is the opposite of makruh.[4]

Examples include supererogatory (nafilah) prayers and fasting outside Ramadan, tree-planting, charity (sadaqa), forgiveness, greeting others, marriage, cleanliness, and supporting good initiatives, etc. It also comprises ‘instruments’ and acts that facilitate attainment of a fard/wajib, such as being in a state of wudu’outside the times for salat, match-making for marriages, building mosques, and memorizing the Qur’an.

Mubah or Ja’iz – Permissible, neither encouraged nor discouraged. Most issues and acts belong to this category because the legal premise or assumption underpinning any issue in Islam is that of permissibility, and also because the texts of the Qur’an and Sunnah are silent on many specific issues.[5] This premise of assumed or original permissibility is expressed by scholars in a legal maxim as: al-asl fi al-ashya al-ibahah – “the original premise of things is that of permissibility” – which is in turn based on the authority of numerous texts of the Qur’an and Hadith.[6]

The intention behind an act that is ordinarily mubah or ja’iz and the consequences of such an act may, however, elevate that act to the category of mustahab or relegate it to makruh (see definition below).[7]

Examples of areas considered ja’iz include choice in some technological innovations, games, entertainment and leisure, cultural dishes and cuisine, cultural dressing; choice of health care systems, security systems, educational systems, political systems, architecture, ethnic names and languages, etc. – These are all permissible by default, so long as nothing in them contradicts clear Islamic injunctions or objectives. As mentioned earlier, whatever facilitates or leads to the attainment of goodness or benefit (maslahah) or an objective (maqasid) of Shari’ah will be encouraged (mustahab).

Makruh – Discouraged, disliked but tolerated, rewarded if omitted but not punished if committed. It is the opposite of mustahab.[8]

Examples include over-eating, untidiness, having bad breath, miserliness, disputation, and avoiding mustahab. It also comprises ‘instruments’ and acts that facilitate haram.

Haram – Forbidden, prohibited, and sinful if committed. This category is the opposite of Fard. In common usage, it is also the opposite of halal which means permissible.

Examples include murder, theft, riba (usury/interest), shirk (associating partners with God), extra-marital sexual relations, back-biting, deception, gambling, injustice, ethnocentrism, racism, corruption, intoxication, terrorism, arrogance, ingratitude, cruelty to animals, insults, wastefulness, avoidance of fard (obligatory) responsibilities, etc.

The term halal may be used to refer to the first 4 categories as these are all permitted to varying degrees.

In Islamic legal law, greater attention is paid to the category of fard /wajib and that of Haram, as these entail a sin by omission or commission respectively. As a rule, courts are only concerned about legal breaches that fall under these two categories. However, considerable scope is granted to individual governments to determine what is enforceable in a society’s legislation and what is not. Not everything that is regarded as haram (in worship or social transactions) for example is regarded as a penal or punishable offence by a court. Similarly, not everything that is fard/wajib is automatically also a legal obligation that can or should be handled by the courts. It should be noted that rewards and penalties for most actions in Islam are left with Allah.

Ideally, Muslims should take an interest in rulings for their own personal development and the wisdom and benefit that such prescriptions offer. With greater spiritual growth, believers focus not just on what is Fard and Haram, but on avoiding the category of makruh and doing more actions in the category of mustahab/mandub.

Hanafi Classification: Seven Rulings

The five categories listed above are broadly accepted by all madhhabs. In the Hanafi School’s classification, however, there are two additional rulings based on distinctions within two categories.

For example, there is a nuanced distinction between fard and wajib. Fard is established only by conclusive evidence from explicitly clear (qat’i al-dilalah) and undisputedly authentic text (“qat’i al-wurud” or “qat’i al-thubut”) – i.e., from the Qur’an or multiple-chained (mutawatir) hadith. Wajib, however, may be established by indefinite evidence in meaning (zanni al-dilalah) and/or text of probable (zanni) authenticity – i.e., from single-chained (ahad) hadith. This distinction between multiple-chained and single-chained hadith is significant because the latter does not provide absolute certainty of knowledge (ilm al-yaqeen).[9] The combinations of qat’i and zanni as applied to al-thubut/al-wurud and al-dilalah will be discussed in more details in Lesson 34.

As with all the other Schools of Jurisprudence (madhahib) the Hanafis regard the 5 daily prayers as belonging to the category of fard. They however regard the witr prayer (after the night prayer – ‘Isha) as wajib, while others regard it as mustahab or nafilah.[10]

The Hanafi School also distinguishes between 2 types of Makruh: makruh tahrimi and makruh tanzihi. The more serious is makruh tahrimi which is considered a minor sin if committed. This category can be established by single-chained hadith (hadith ahad, also referred to as khabr wahid). Haram in the Hanafi classification is only established by the Qur’an or hadith mutawatir that meets the requirements of certainty. Makruh tanzihi is similar to the “makruh” in the classification of most of the other jurists, and is not sinful if committed.[11]

Below is the common Hanafi classification[12]:

Fard – compulsory, obligatory with absolute certainty and sinful if omitted
Wajib – necessary, sinful if omitted
Mustahab or Mandub – encouraged, liked
Mubah – permissible, neither encouraged nor discouraged
Makruh Tanzihi – discouraged, disliked but tolerated, not sinful
Makruh Tahrimi– wrongful, sinful if committed
Haram – Forbidden, prohibited with absolute certainty and sinful if committed

The 5 to 7 Shari’ah rulings, laws and value judgments discussed earlier however do not exist in a vacuum. In order to be appropriate, correct, and fulfill their purposes, each defining law (al-hukm al-taklifi) would have certain factors – reasons/causes, conditions and hindrances – declared by the Lawgiver that are attached to them. This category of factors is referred to as “Declaratory law” (Al-hukm al-wad’i).

Ahkam al-Wad’iyyah: Considerations affecting Shari’ah Rulings

When the sources of Shari’ah say for example that the morning Fajr prayer is compulsory, it does not mean that it is compulsory for an immature child, or that it is compulsory before its time is due, or that it is compulsory for a menstruating woman, etc. The statement that the Fajr prayer is compulsory is correct. However, it is with the understanding or assumption that certain complementary conditions or factors are also considered, or cetaris paribus – “all other things being equal” or “other conditions remaining constant (or the same)”. These other factors, clauses and considerations which are the subject matter of the “Declaratory laws” (al-ahkam al-wad’iyyah) are themselves declared by the same sources of Shari’ah as the “Defining laws” (al-ahkam al-taklifiyyah). Thus, both declaratory and defining laws come from the Shari’ah.

The “Declaratory laws” (Al-Ahkam al-wad’iyyah) are defined as communication from the Lawgiver which enact or declare something into a cause (sabab), a condition (shart) or a hindrance (mani`) to something else. The function of declaratory law is explanatory in relation to defining law, in that the declaratory law explains the component elements of the latter.[13] The “declaratory laws” therefore serve as the “special clauses” that go with the “defining laws” of Shari’ah on any particular issue.

A shari’ah ruling (hukum) would therefore be regarded as correct, sound and applicable on the understanding that the ‘reason’ or ‘cause’ (sabab/‘illah) for the application of the ruling exists – e.g., the afternoon (zuhur) prayer is compulsory if its time is due; that any condition (shart) for the validity of the act has been met, as defined by the text[14] – e.g. ablution (wudu’) is a condition for the validity of salat; that there are no ‘hinderances’ (mani’) that renders the legal effect of the reason/cause to be valid – e.g. having insufficient savings (below the nisab) is a hinderance for the legal effect of the obligation to pay zakat.

Therefore, the ‘correctness’ (al-sihhah) of a Shari’ah ruling (hukum al-shari’y al-taklifi) is reached if the reasons exist, conditions are met, and hindrances are avoided. Otherwise, the transaction or action is void and incorrect (fasid or batil).[15] This is very important to the understanding of when general rulings of Shari’ah apply and when exceptions to those rules are called for by the Shari’ah itself. This is also important in appreciating when strict or normal laws (‘azimah) are to be followed, and when Shari’ah demands that these be replaced by concessionary laws (rukhsah).[16]

For more examples; the Shari’ah ruling regarding the consumption of pork is that it is prohibited(haram). This is however with the condition that the person for whom pork is haram is not hindered/constrained by or suffering from starvation. The death of a person is the cause or reason for inheritance by his heir, on the condition that the heir was not the murderer; killing is a cause for ‘equitable retribution’ (qisas), on the condition however that the killing was deliberate and hostile; Prayer is compulsory (fard) on the assumption or condition that the time for that particular prayer is due, and that the adult concerned is not a woman constrained or hindered by her menstrual period (hayda) or postnatal bleeding (nifas); Fasting in Ramadan is compulsory (fard) on the assumption that the person concerned is not ill or on a journey; Polygamy is permissible (mubah) on the assumption that there is no intent on doing injustice; Hajj pilgrimage is compulsory on the condition that the person concerned can afford it; etc.

These textually stated factors and circumstances (Al-Ahkam al-wad’iyyah) that are taken into consideration (or taken for granted!) when assigning the ahkam al-shari’yyah al-taklifiyyah (rulings) – of fard, haram, makruh, etc. – to any issue or thing do affect the correctness or otherwise of any ruling, hukum or fatwa.[17]

The Qur’an and Sunnah therefore not only issue value judgements or rulings regarding permissibility or prohibition of particular actions, they also declare the complementary contextual factors – causes/reasons, conditions and hindrances – that make these rulings correct and appropriate for the Lawgivers’s objectives. If any of these factors, conditions and causes change or cease to exist, then, the original ruling ceases to exist.

This is also why it is very crucial that all issues related to important judgements, rulings and fatwas are handled by competent judges or jurists who are well versed in the knowledge of both the defining and the declaratory laws.

Shari’ah rulings are therefore always sensitive to a number of factors if they are to achieve their desired benefits and goals (maslahah or maqasid). The understanding of these factors in each context is critical to the correctness, appropriateness, quality and relevance of the verdicts and rulings given by a scholar. As contexts and the factors – causes, conditions and hinderences – change, so also should the rulings change, and they do so with the same authority as the original rulings themselves, as both the defining law and the declaratory laws that go with them are prescribed by the Lawgiver or Primary sources of Shari’ah.

Consequently, a legal maxim which distinguished jurists have always respected states that “It may not be denied that laws will change with the change of circumstances” (la yunkar taghayyur al-ahkam bi taghayyar al-zaman wa al-ahwal).[18]

DISCUSSION QUESTIONS:

What is the relationship between Usul al-Fiqh and the Ahkam al-Shar‘iyyah?
List the 5 main value judgments (Ahkam al-Shariyyah) and give 3 examples of each.
What is the main distinguishing feature of the Fard and Haram category? What do they have in common and why are they important in legal law?
What do Mustahab and Makruh have in common and how are they differing?
In Hanafi Fiqh, list 2 possible differences between Fard and Wajib.
What is the difference between Makruh Tanzihi and Makruh Tahrimi?
What are the major differences between Makruh Tahrimi and Haram?
Explain the differences between a Fatwa and a Hukmu Shar’i.
What are Ahkam al-Wadi’ (“Declaratory Rulings”), and what functions do they play in determining the correctness of a Shari’ah ruling?

[1] For a more thorough discussion of this topic and differences between scholars on the definitions of certain terms, see Mohammad Hashim Kamali, Principles of Islamic Jurisprudence, The Islamic Text Society, Cambridge, 2001, p. 279-296

[2] Mohammad Hashim Kamali, Principles of Islamic Jurisprudence, The Islamic Text Society, Cambridge, 2001, p. 279.

[3] Muhammad bin Salih bin al-Uthaimeen, al-Usul min ‘Ilm al-Usul, Egypt, 2001, p.7

[4] Mohammad Akram Laldin, Introduction to Shari’ah and Islamic Jurisprudence, 2^nd ed. CERT, Kuala Lumpur, 2008, p.12.

[5] Mohammad Akram Laldin, Introduction to Shari’ah and Islamic Jurisprudence, 2^nd ed. CERT, Kuala Lumpur, 2008, p.13.

[6] As will be discussed in more detail in Lesson 31.

[7] Shaykh Abdallah Bin Bayyah, The Legal Philosophy of Islam (Qawa’id al-Fiqhhiyyah), trnsl., Hamza Yusuf, CD lecture series in Zaytuna Institute, Al-Hambra Productions, California, USA., 2000

[8] Muhammad bin Salih ibn al-Uthaimeen, al-Usul min Ilm al-Usul, Medina, 1426 AH p.12; Imam al-Haramayn al-Juwayni, Matn al-Waraqat, 1996 Dar al-Samai’, Riyadh, n.d., p. 7; Mohammad Akram Laldin, Introduction to Shari’ah and Islamic Jurisprudence, 2^nd ed. CERT, Kuala Lumpur, 2008, p.13; etc.

[9] Abdullah bin Yusuf al-Judayy, Taysir Usul al-Fiqh, p.34; Mohammad Hashim Kamali, Principles of Islamic Jurisprudence, the Islamic Text Society, Cambridge, 2003, p.421; Mohammad Akram Laldin, Introduction to Shari’ah and Islamic Jurisprudence, 2^nd ed. CERT, Kuala Lumpur, 2008 p.13; Ahmad Hasan, The Principles of Islamic Jurisprudence: The Command of the Sharia and Juridical Norm, Adam Publishers, New Delhi, 2005, p.38, 40-77, 130-133.

[10] Ibn Rushd, Bid’ayat al-Mujtahid, The Distinguished Jurist’s Primer, (translated by Imran Ahsan Khan Nyazee), Garnet Publishing Limited, Reading, U.K., 1994; Vol. I, p.96-97.

[11] Ahmad Hasan, The Principles of Islamic Jurisprudence: The Command of the Sharia and Juridical Norm, Adam Publishers, New Delhi, 2005, p.133

[12] Mohammad Akram Laldin, Introduction to Shari’ah and Islamic Jurisprudence, 2^nd ed. CERT, Kuala Lumpur, 2008p.13; See also Musharraf Hussain, The Five Pillars of Islam, Kube Publishing, 2012, p. 29-31, for another more nuanced Hanafi classification into 11 categories. Imam al-Haramayn al-Juwayni, a Shafi’i jurist presents 7 categories, though on closer examination, these do not significantly differ from the 5 categories endorsed by the majority. See Mahmud Adam, Introductory Studies in Usul al-Fiqh: An Annotated Translation of Imam Al-Haramayn’s Waraqat, The Imam Shafi’i Bookstore, London, 2014, p.3.

[13] Mohammad Hashim Kamali, Principles of Islamic Jurisprudence, The Islamic Text Society, Cambridge, 2001, p.290

[14] or agreed upon by those people involved (such as in the field of transactions and contracts)

[15] Jasser Auda, Maqasid al-Shariah as Philosophy of Islamic Law, IIIT, Herndon, 2008, p.140.

[16] Whereas `azimah is the law in its normal state, rukhsah embodies the exceptions, if any, that the Lawgiver has granted with a view to bringing facility and ease in difficult circumstances. Thus the law which grants a concession to travelers to break the fast during Ramadan is an exception to the norm that requires everyone to fast. The concessionary law in this case is valid only for the duration of traveling, after which the ‘azimah must be complied with again. (See Mohammad Hashim Kamali, Principles of Islamic Jurisprudence, The Islamic Text Society, Cambridge, 2001, p.293-294)

[17] See Jasser Auda, Maqasid al-Shariah as Philosophy of Islamic Law, IIIT, Herndon, 2008, p.139-140.

[18] Muhammad Sidqi bin Ahmad al-Burnu Abu al-Harith al-Ghazzi, Mausu’at al-Qawa’id al-Fiqhiyyah, 1:33; Ali Ahmad Nadhwi, Al-Qawa’id al-Fiqhiyyah, pp.27, 65, 158; Ahmad bin Muhammad al-Zarqa, Sharh al-Qawa’id al-Fiqhiyyah, p.227-229; Mahmasani, Falsafat al-Tashri’, p.200-202 – Cited in Khaled Abou El-Fadl, Speaking in God’s Name: Islamic Law, Authority and Women, Oneworld Publications, Oxford, 2001, p.34SHARI’AH RULINGS (Ahkam al-Shar‘iyyah)

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SHARI’AH RULINGS (Ahkam al-Shar‘iyyah)

These Shari’ah rulings or value judgement are broadly classified into the following categories:

Fard or Wajib – compulsory, obligatory, and sinful if omitted. This category is the opposite of haram which is sinful if committed. Some of these are individual obligations (fardu ‘ayn) while others are social or collective obligations (fardu kifaya).

– Recommended, encouraged, liked, praiseworthy, rewarded if performed but not punished if omitted. It is the opposite of makruh.[4]

Mubah or Ja’iz – Permissible, neither encouraged nor discouraged. Most issues and acts belong to this category because the legal premise or assumption underpinning any issue in Islam is that of permissibility, and also because the texts of the Qur’an and Sunnah are silent on many specific issues.[5] This premise of assumed or original permissibility is expressed by scholars in a legal maxim as: al-asl fi al-ashya al-ibahah – “the original premise of things is that of permissibility” – which is in turn based on the authority of numerous texts of the Qur’an and Hadith.[6]

Makruh – Discouraged, disliked but tolerated, rewarded if omitted but not punished if committed. It is the opposite of mustahab.[8]

Examples include over-eating, untidiness, having bad breath, miserliness, disputation, and avoiding mustahab. It also comprises ‘instruments’ and acts that facilitate haram.

Haram – Forbidden, prohibited, and sinful if committed. This category is the opposite of Fard. In common usage, it is also the opposite of halal which means permissible.

The term halal may be used to refer to the first 4 categories as these are all permitted to varying degrees.

Hanafi Classification: Seven Rulings

Below is the common Hanafi classification[12]:

Fard – compulsory, obligatory with absolute certainty and sinful if omitted
Wajib – necessary, sinful if omitted
Mustahab or Mandub – encouraged, liked
Mubah – permissible, neither encouraged nor discouraged
Makruh Tanzihi – discouraged, disliked but tolerated, not sinful
Makruh Tahrimi– wrongful, sinful if committed
Haram – Forbidden, prohibited with absolute certainty and sinful if committed

Ahkam al-Wad’iyyah: Considerations affecting Shari’ah Rulings

DISCUSSION QUESTIONS:

What is the relationship between Usul al-Fiqh and the Ahkam al-Shar‘iyyah?
List the 5 main value judgments (Ahkam al-Shariyyah) and give 3 examples of each.
What is the main distinguishing feature of the Fard and Haram category? What do they have in common and why are they important in legal law?
What do Mustahab and Makruh have in common and how are they differing?
In Hanafi Fiqh, list 2 possible differences between Fard and Wajib.
What is the difference between Makruh Tanzihi and Makruh Tahrimi?
What are the major differences between Makruh Tahrimi and Haram?
Explain the differences between a Fatwa and a Hukmu Shar’i.
What are Ahkam al-Wadi’ (“Declaratory Rulings”), and what functions do they play in determining the correctness of a Shari’ah ruling?

[2] Mohammad Hashim Kamali, Principles of Islamic Jurisprudence, The Islamic Text Society, Cambridge, 2001, p. 279.

[3] Muhammad bin Salih bin al-Uthaimeen, al-Usul min ‘Ilm al-Usul, Egypt, 2001, p.7

[4] Mohammad Akram Laldin, Introduction to Shari’ah and Islamic Jurisprudence, 2^nd ed. CERT, Kuala Lumpur, 2008, p.12.

[5] Mohammad Akram Laldin, Introduction to Shari’ah and Islamic Jurisprudence, 2^nd ed. CERT, Kuala Lumpur, 2008, p.13.

[6] As will be discussed in more detail in Lesson 31.

[7] Shaykh Abdallah Bin Bayyah, The Legal Philosophy of Islam (Qawa’id al-Fiqhhiyyah), trnsl., Hamza Yusuf, CD lecture series in Zaytuna Institute, Al-Hambra Productions, California, USA., 2000

[10] Ibn Rushd, Bid’ayat al-Mujtahid, The Distinguished Jurist’s Primer, (translated by Imran Ahsan Khan Nyazee), Garnet Publishing Limited, Reading, U.K., 1994; Vol. I, p.96-97.

[11] Ahmad Hasan, The Principles of Islamic Jurisprudence: The Command of the Sharia and Juridical Norm, Adam Publishers, New Delhi, 2005, p.133

[13] Mohammad Hashim Kamali, Principles of Islamic Jurisprudence, The Islamic Text Society, Cambridge, 2001, p.290

[14] or agreed upon by those people involved (such as in the field of transactions and contracts)

[15] Jasser Auda, Maqasid al-Shariah as Philosophy of Islamic Law, IIIT, Herndon, 2008, p.140.

[17] See Jasser Auda, Maqasid al-Shariah as Philosophy of Islamic Law, IIIT, Herndon, 2008, p.139-140.

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SHARI’AH RULINGS (Ahkam al-Shar‘iyyah)

These Shari’ah rulings or value judgement are broadly classified into the following categories:

Fard or Wajib – compulsory, obligatory, and sinful if omitted. This category is the opposite of haram which is sinful if committed. Some of these are individual obligations (fardu ‘ayn) while others are social or collective obligations (fardu kifaya).

– Recommended, encouraged, liked, praiseworthy, rewarded if performed but not punished if omitted. It is the opposite of makruh.[4]

Mubah or Ja’iz – Permissible, neither encouraged nor discouraged. Most issues and acts belong to this category because the legal premise or assumption underpinning any issue in Islam is that of permissibility, and also because the texts of the Qur’an and Sunnah are silent on many specific issues.[5] This premise of assumed or original permissibility is expressed by scholars in a legal maxim as: al-asl fi al-ashya al-ibahah – “the original premise of things is that of permissibility” – which is in turn based on the authority of numerous texts of the Qur’an and Hadith.[6]

Makruh – Discouraged, disliked but tolerated, rewarded if omitted but not punished if committed. It is the opposite of mustahab.[8]

Examples include over-eating, untidiness, having bad breath, miserliness, disputation, and avoiding mustahab. It also comprises ‘instruments’ and acts that facilitate haram.

Haram – Forbidden, prohibited, and sinful if committed. This category is the opposite of Fard. In common usage, it is also the opposite of halal which means permissible.

The term halal may be used to refer to the first 4 categories as these are all permitted to varying degrees.

Hanafi Classification: Seven Rulings

Below is the common Hanafi classification[12]:

Fard – compulsory, obligatory with absolute certainty and sinful if omitted
Wajib – necessary, sinful if omitted
Mustahab or Mandub – encouraged, liked
Mubah – permissible, neither encouraged nor discouraged
Makruh Tanzihi – discouraged, disliked but tolerated, not sinful
Makruh Tahrimi– wrongful, sinful if committed
Haram – Forbidden, prohibited with absolute certainty and sinful if committed

Ahkam al-Wad’iyyah: Considerations affecting Shari’ah Rulings

DISCUSSION QUESTIONS:

What is the relationship between Usul al-Fiqh and the Ahkam al-Shar‘iyyah?
List the 5 main value judgments (Ahkam al-Shariyyah) and give 3 examples of each.
What is the main distinguishing feature of the Fard and Haram category? What do they have in common and why are they important in legal law?
What do Mustahab and Makruh have in common and how are they differing?
In Hanafi Fiqh, list 2 possible differences between Fard and Wajib.
What is the difference between Makruh Tanzihi and Makruh Tahrimi?
What are the major differences between Makruh Tahrimi and Haram?
Explain the differences between a Fatwa and a Hukmu Shar’i.
What are Ahkam al-Wadi’ (“Declaratory Rulings”), and what functions do they play in determining the correctness of a Shari’ah ruling?

[2] Mohammad Hashim Kamali, Principles of Islamic Jurisprudence, The Islamic Text Society, Cambridge, 2001, p. 279.

[3] Muhammad bin Salih bin al-Uthaimeen, al-Usul min ‘Ilm al-Usul, Egypt, 2001, p.7

[4] Mohammad Akram Laldin, Introduction to Shari’ah and Islamic Jurisprudence, 2^nd ed. CERT, Kuala Lumpur, 2008, p.12.

[5] Mohammad Akram Laldin, Introduction to Shari’ah and Islamic Jurisprudence, 2^nd ed. CERT, Kuala Lumpur, 2008, p.13.

[6] As will be discussed in more detail in Lesson 31.

[7] Shaykh Abdallah Bin Bayyah, The Legal Philosophy of Islam (Qawa’id al-Fiqhhiyyah), trnsl., Hamza Yusuf, CD lecture series in Zaytuna Institute, Al-Hambra Productions, California, USA., 2000

[10] Ibn Rushd, Bid’ayat al-Mujtahid, The Distinguished Jurist’s Primer, (translated by Imran Ahsan Khan Nyazee), Garnet Publishing Limited, Reading, U.K., 1994; Vol. I, p.96-97.

[11] Ahmad Hasan, The Principles of Islamic Jurisprudence: The Command of the Sharia and Juridical Norm, Adam Publishers, New Delhi, 2005, p.133

[13] Mohammad Hashim Kamali, Principles of Islamic Jurisprudence, The Islamic Text Society, Cambridge, 2001, p.290

[14] or agreed upon by those people involved (such as in the field of transactions and contracts)

[15] Jasser Auda, Maqasid al-Shariah as Philosophy of Islamic Law, IIIT, Herndon, 2008, p.140.

[17] See Jasser Auda, Maqasid al-Shariah as Philosophy of Islamic Law, IIIT, Herndon, 2008, p.139-140.