AL-HUKM AL-TAKLIFI (DEFINED LAW) AND AL-HUKM AL-WADH’I (DECLARATORY LAW), MAHKUM FIH AND MAHKUM ‘ALAIH
Abidlah Salfada B. (16110020, Yudhi Setiawan (16110121)
Students of Islamic Education Department Class I
Islamic State University of Malang Maulana Malik Ibrahim
e-mail: abidsalfada@gmail.com
Abstract
Most of Ushul Fiqh experts have divided the law into two parts, namlely taklifi law and wadh’i law. Taklifi law itself means that Khitab Allah or said of Prophet Muhammad which contain demands whether it’s an order or a prohibition. There are five taklifi laws that we known commonly, such as ijab, nadb, tahrim, karahah and ibahah. Whereas, wadh’i law is a khitab which makes something as a cause for another (musyabbab), or as another requirement. Wadh’i law consists of causes, conditions and mani’ (obstacles). 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. Whereas someone who is burdened with khhitab, it’s called mahkum ‘alaih.
Abstrak
Sebagian besar para ulama ushul fiqh membagi hukum menjadi dua bagian yakni, hukum taklifi dan hukum wadh’i. Hukum taklifi sendiri berarti khitab Allah atau sabda Nabi Muhammad yang mengandung tuntutan baik itu perintah ataupun larangan. Terdapat lima hukum taklifi yang lazim diketahui yaitu ijab, nadab, tahrim, karahah dan ibahah. Sedangkan hukum wadhi’ ialah khitab yang menjadikan sesuatu sebagai sebab adanya yang lain (musabbab), atau sebagi syarat yang lain. Hukum wadhi’ terdiri dari sebab, syarat dan mani’. Untuk menyebut istilah hukum atau objek hukum dalam ushul fiqih disebut mahkum fih yang berarti perbuatan seorang mukallaf yang terkait dengan perintah syari’. Sedangkan seseorang yang di kenai khitob itulah yang disebut mahkum alaih (mukallaf).
Keywords: Al-Hukm Al-Taklifi (Defining Law), Al-Hukm Al-Wadh’i (Declaratory Law), Mahkum fih, Mahkum ‘Alaih
A. Preliminary
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.
Ushul fiqh is one branch of science in the Islamic law that discusses various methods and systematics used by mujtahids in exploring the law from sources of Islamic law. Ushul fiqh is also defined as a group of rules made by scholars who were arranged with the aim of know the right way to explore the law from the sources of Islamic law.
Islamic law is divided into two types in the domain of the discussion of Ushul fiqh, namely the law Taklifi and wadh’i. Taklifi’s law is a set of rules that require a believer to do something or leave something or choose between the two. Whereas the law of wadh’i is a rule that is set on something that is a cause for something else, both the consequences of being a requirement or a barrier to a law.
There is term of mahkum bih and mahkum alaih in the legal discussion of Taklifi and wadh’i. Mahkum fih is the object of law or the act of a mukallaf that is related to the command of sharia, while mahkum alaih is a legal subject or a mukallaf who is subjected to law.
This paper discusses the basic concepts and types of Taklifi law and the law of wadh’i, as well as the concept of mahkum fih and mahkum alaih as a series of discussions that cannot be separated in the study of Ushul fiqh.
B. Al-Hukm Al-Taklifi (Defined Law)
1. Understanding Taklifi Law
Islamic law is a provision of Allah that relates to someone who has been subject to legal or mukallaf dependents who are believed and recognized and are binding on Muslims. Taklifi’s law is related to the demand to do or leave a case. It is called the Taklifi law because the demands here are directly related to the mukallaf forces that carry it out.
There are differences in the forms of this law which are stated by the number of scholars or mutakallimin with those stated by the scholars of Hanafiyyah. There are two groups of scholars in explaining the legal forms of Taklifi: first, legal forms Taklifi according to the number of scholars of the mutakallimin. According to them, these legal forms have 5 kinds, namely: ijab, nadb, ibahah, karahah, and tahrim. According to Hanafiyyah scholars, Taklifi law is divided into seven, namely fard, obligatory, tahrim, karahah tahrim, karahah tanzih, nadb and ibahah. According to them, if an order is based on a definite proposition, the Qur'an and Mutawatir Hadith, the order is called fardhu. However, if the order is based on the zhanni argument, the order is called wajib.
2. Types of Taklifi Law
a. Wajib (Obligatory)
Wajib is sharia demands which are to implement something and must not be abandoned. Wajib also means khithab (the word of God) which asks to work with certain demands. Mukallaf who left him would be subject to sanctions and sin. Obligatory is something that is required by Allah to be carried out according to certain demands, the culprit will be rewarded and the mukallaf who leaves him will be rewarded in the form of sin.
The Scholars of Ushul fiqh divides obligatory as follows:
1) In terms of time, it must be divided into wajib al-Mutlaq and wajib al-mu'aqqat.
a) Wajib al-Muthlaq is something that is demanded by the sharia to be carried out by the witness, without being determined by time. 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.
b) Wajib al-Mu'aqqat is an obligation that must be carried out by mukallaf people at certain times, such as the five daily prayers and fasting of Ramadan. Time here is part of the obligation itself, so that if it is not yet time, obligations for him will not apply.
Wajib mu'aqqat is divided into three types, namely as follows:
· Wajib al-Muwasa' (obligations that have an expansive time limit), which is a timed obligation, but this time is very roomy, so that at the same time similar practices can be done. An example is the time specified for carrying out fardhu prayers. At the time of Asr prayer, the mukallaf can perform sunnah prayers as well as the Asr prayer.
· Wajib al-Mudhayyaq (obligations that have a narrow time limit), namely the obligation for which the implementation period is equal to the amount of time required to carry out the obligation itself. What's more, in that period of time it was unable to do other practices. For example, when fasting Ramadan, fasting must be carried out a full month, and cannot be interspersed with sunnah fasting or Qadha fasting.
· Wajib dzu ash-syibhain, which is an obligation that has a broad time but in that period it cannot be used for similar practices repeatedly. For example, at the time of the pilgrimage there is a very broad period of time a mukallaf can carry out several pilgrimage practices many times, but according to sharia’ only one practice is calculated. People can repeatedly carry out the practice of Hajj, but repetitive practices are not counted as a liability.
2) In terms of the required size, the law must be divided into two, namely wajib muhaddad and ghairu muhaddad.
a) Wajib muhaddad, is an obligation whose size and size have been determined by sharia’ of a certain size. For example the number of Nisab assets that must be zakat and the number of rakaah in prayers. The amounts in these two may not be changed, added to or reduced at any time.
b) Wajib ghairu muhaddad, is an obligation not determined by the size and quantity, but the determination is left to credible scholars. An example is the obligation to demand ta'zir or punishment.
3) In terms of people burdened with obligations, the law must be divided into wajib ‘ain and wajib kifa’i.
a) Wajib ‘Ain, is an obligation that is addressed to every person who is a believer. An example is the obligation of prayer and alms for every Muslim to forgive.
b) Wajib kifa’i, is an obligation that is addressed to all believers, but if it has been done by some of these people, then the obligatory law is nullified. An example is the implementation of Amar ma'ruf nahi munkar, prayer services, and learning tajwid.
4) In terms of the content of the order, it must be divided into two, namely obligatory mu'ayyan and mukhayyar.
a) Wajib mu'ayyan is with an action ordered and the provisions have been determined. A mukallaf cannot choose and bargain for the obligation. 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.
b) Wajib mukhayyar, is a certain obligation which has room for mukallaf to choose. For example, it is about payment for people who swear, may choose between feeding the poor, giving clothes to them, or freeing slaves.
b. Mandub
Etymologically, mandub means a call for something important. 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. In another sense the scholars defines the mandub as something that is rewarded if one does not get sin for the person who left it. Other terms that are more or less the same as the mandub are sunnah, mustahab.
The scholars divided the mandub into 3 types:
1) Sunnah muakkad (sunnah which is highly recommended), that is work which if done will get a reward, and if it is abandoned it does not get sin, but the person who leaves it gets reproach. An example is prayers in congregation, Qobliyah prayers 2 rakaah before dawn, adhan and iqomah, prayer ‘Eid al-Fitr, and others.
2) Sunnah ghairu muakkad, which is an act which when done gets a reward, if it is abandoned it does not get a sin and is not reproached by Allah. For example, the sunnah of dhuha prayer, giving to the other person, using perfumes, fasting every Monday and Thursday and others.
3) Sunnah Zaidah (additional sunnah) carries out a practice that has been exemplified by the Prophet as an ordinary human. For example is how the Messenger of Allah slept, how to eat the Prophet, how to dress.
c. Haram
Haram in language means prohibition. Whereas in the term haram law is an act demanded by the Sharia maker not to be carried out by a mukallaf. A mukallaf who has committed an unlawful act, in fact he has violated the provisions of Allah. the consequence is that he gets a reply in the form of sin.
The scholars divide nutrient actions in the following sections:
1) Haram lidzatihi
That is a direct prohibition and since indeed it has been determined by its prohibition. for example, eating carcasses, pigs, gambling, drinking liquor, committing adultery, killing, and eating the property of orphans. Security in this level is haram on the substance of the work itself. The consequence is that when conducting a transaction with lidzatihi's illegitimate actions, the law becomes null and void. for example, a man who commits adultery with a woman, then from that relationship a baby is born. So the child could not be connected to a man who had fertilized the woman. Another example is the sale and purchase of objects that are haram lidzatihi, the transaction becomes null and void.
2) Haram li ghairih
That is an illegitimate act whose prohibition is not due to substance. This type of haram is an act which was originally intended, but accompanied by something that is dangerous for humans, its prohibition is due to the danger. An example is conducting a sale and purchase transaction while singing a prayer for Friday prayers, fasting on the Eid al-Fitr holiday, marrying with tahlily method, or performing prayers with clothes stolen.
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.
d. Makruh
Makruh in terms of language comes from the word karahah which means something that is not liked, hated, or something that is shunned. according to the term karahah understanding is something that is demanded by Allah to be abandoned in the form of an uncertain demand, the demand is expressed through the editorial nash which is not compelling. The consequence is that if someone does this, he does not get sin. however, if he stops this action it means that he has been in line with the party who forbids and has the right to receive reward in the form of reward.
Hanafiyyah scholars divided into two forms:
1) Makruh tanzih, something that is demanded to be abandoned, but with uncertain demands. This type of makruh is the same as the misunderstanding of the number of scholars. An example is eating food that can cause a strong odor in the mouth before praying and eating meat of a horse.
2) Makruh tahrim, namely the demands of the sharia to leave an act and claim through a definite method, but it is based on the argument that zhanni. An example is the prohibition on using silk and gold jewelry for men.
e. Mubah
In language, the meaning of mubah is permissible or permitted. Whereas according to the term mubah is something that in its implementation there is an opportunity to choose the mukallaf to do it or leave it. The consequence is that a mukallaf may work on the deed that is not rewarded for reward or sin.
The scholars of the Ushul fiqh divide mubah in three forms when viewed in terms of their attachment to harm and benefits, namely:
1) Mubah which if done or not, does not contain harm, such as dressing, sleeping, playing, dressing, hunting.
2) Mubah which if a mukallaf does it does not contain harm, whereas basically the act is forbidden. 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,
3) Mubah that the behavior is initially inherent and must not be carried out according to sharia, but Allah forgives the culprit, so that the deed is considered to be corrupt. 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.
C. Law of Wadh’i
1. Definition of Law Wadh’i
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.
Another definition of law wadh’i is the provision of Allah SWT. which demands to make an action a cause, condition, or barrier from something else. If the word of God shows the relation of something to the Taklifi law, whether it is a cause, condition, or barrier then it is called the law of wadh’i.
This is a ruling for general community and prerequisites that establish personal or communal obligations. The continuity of an irregular law depends on the three types of wadh’i's law. 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.
2. Various Laws of Wadh’i
a. Sabab
Sabab or a cause, according to language is something that can convey to something else, meaning the way that can convey to something purpose. 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.
An example is adultery which is the reason for someone being hit by the law of 100 lashes, slipping the sun into a compulsory reason for performing the Dhuhr prayer, and the sun is the cause of the obligatory Maghrib prayer. If someone does not commit adultery, then caning is not imposed; if the sun has not slipped it is not yet obligatory to perform the Dhuhr prayer; and when the sun hasn't set, Maghrib prayer is not yet required.
b. Syarat (Terms)
The condition is something that lies outside the law of Shara ', but the existence of the law of Shara depends on it. If the conditions do not exist, the law does not exist, but the conditions do not require the existence of sharia law. 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.
c. Mani 'or Barrier
Mani’ is the nature of existence which causes no law or no cause. For example, the relationship between husband and wife and kinship relations leads to inheritance relationships. if the father dies, the wife and child get a share of inheritance from the property of the husband or father who died, according to each division. 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.
d. Shah
That is a law that is in accordance with the demands of sharia with the fulfillment of causes, conditions, and no seminal '. 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. For example, because doing the evening prayer is the Maghrib time which is marked by the setting of the sun. Whereas the conditions are that someone is not in a state of great suffering, holy, understanding, baligh and others. As well as avoiding Maghrib prayers from mani 'or barriers. Jobs that have fulfilled all the causes and conditions and are protected from obstruction are punished legally.
f. Bathil
Cancel is the opposite of legitimate. In terms of vanity, namely the release of sharia law from the stipulated provisions and no law caused. 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.
g. 'Azimah and Rukhsah
'Azimah is the laws that Allah gave to all of his servants from the beginning. That is, there is no law before the law is given by God, so since the agreement all the mukallaf must follow it. For example, the number of rakaah salat is 4 rakaah. Allah has ordained this amount of rakaah in the beginning, there is no other law that stipulates the number of rites of prayer. Whereas rukhsah is a law that is determined by Allah that is different from the argument because of the existence of old syar'i. An example is the origin of the number of rakaah of Ashar prayers there are 4 rakaah, then when traveling far can the qashar be 2 rakaah.
D. Mahkum fih
1. The Mahkum fih Understanding
Mahkum fih is the act of the mukallaf who are related to the command of sharia whether it were a demand to do, demand to leave or choose a job. For the mukallaf deed, a law has been stipulated. For the example, Firman of Allah SWT in Al-Baqarah verses 43 وَأَقِيمُوا الصَّلَاةَ. the obligation taken from the law of this verse relates to the mukallaf act, which is to do shalat. The another example, in surat Al-Isra verses 32. the prohibition to commit haram taken from this law is related to the mukallaf act, namely commit adultery. there are five kinds of mukallaf acts or actions of people who have been burdened with punishment (taklif).
a. Wajib, is actions which are rewarded for those who do them and are threatened or got punishment for those who leave them.
Wajib divided into 2 kinds :
- Wajib ‘Ain, is actions required for each person such as five daily prayers, fasting in the Ramadhan bullet and etc.
- Wajib Kifayah, compulsory deeds that can be released from the obligation after some people carry it out such as praying jenazah prayer, burial etc.
b. Mandub or Sunnah, is a job that is rewarded for those who do it, but if left unharmed (wouldn’t get sin). There are two kinds of sunnah
- Sunnah Ain, actions that should be done. Like sunnah rawatib prayer, sunnah and other fasting.
- Sunnah Kifayah, deeds which if done by one of the pilgrims, then there is no need for others to do it. Like answering greetings in a group.
c. 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.
d. Makruh is an act that should not be carried out. But generally, reward will be given for those who stay away from it. Like eating shallots when praying.
e. 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.
2. The Requirements of Taklif
In order for a mukallaf act will be deserved to be given the title of one of the five taklif laws, then the act must meet several criteria of requirements. The experts of ushul fiqh put forward several conditions for the validity of a taklif or imposition of law, such as
a. 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.
b. Mukallaf knew for certain that the order came from the authorities who made the order (Allah and His Messenger). So every effort to find a legal solution, the first thing to do is a discussion of the argument as a source of law
c. 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
3. The Kinds of Mahkum fih
In essence, every act must have its obstacles or masyaqqah because it is a consequence of taklif existence. 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. Unnatural obstacles appears on a deed mukallaf for special causes such as fasting in sickness and traveling. In this matter, Shari 'gave rukhshah, which was allowed not to fast, although on other occasions it was obligatory to change (Qada’).
Mahkum fih which deals with Sharia law has the purpose of realizing public interests and sometimes also special interests. And sometimes in an act there is a right of God and there is a right of servant. The types of Mahkum are seen in terms of legal objectives.
a. Its purely Allah rights
That is everything that concerns the general benefit of humans, not certain to someone.
b. 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.
c. 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)
d. 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.
E. Mahkum ‘Alaih
Mahkum ‘Alaih is another name of" Mukallaf "which means someone who was baligh and has intelligent condition is burdened by the law. It means, actions that have applied God's law to him. For example. Firman of Allah SWT in QS Al-Baqarah : 110.
وَأَقِيمُوا الصَّلَاةَ وَآتُوا الزَّكَاةَ
“and establish prayer and give zakat” (QS. Al Baqarah : 110)
The command of prayer and the order to pay zakat in the verse is only addressed to people who fulfill the taklif requirements. 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.
رُفِعَ الْقَلَمُ عَنْ ثَلاَثَةٍ؛ عَنِ النَّائِمِ حَتَّى يَسْتَيْقِظَ، وَعَنِ الْمُبْتَلَى حَتَّى يَبْرَأَ، وَعَنِ الصَّبِيِّ حَتَّى يَكْبُرَ
“The pen has been lifted from the following three people: from the person who slept until he woke up, from the person who was mentally ill until he recovered and from a child until he was an adult”
However, even though they fulfill the balig and sense requirements, but if there is no ability to do it, it cannot be said that there is no reason for it, because one's ability is the basis of taklif which is very basic in Islam.
As firman of Allah SWT
لَا يُكَلِّفُ اللَّهُ نَفْسًا إِلَّا وُسْعَهَ
“Allah doesn’t charge a soul expect (with that within) its capacity”(Al-Baqarah : 286)
About loss of ability or an obstacle for someone. When viewed in terms of types there are two types
a. Obstacles that cannot be rejected, or can be said to be beyond the ability of the person himself to reject them, such as illness, forgetfulness, menstruation, childbirth or other
b. Obstacles that make a loss of ability to do but the loss is caused by the ability of humans themselves like intentional drinking until drunk. This is considered by some scholars to not be lost or apart from the obligation to do it.
1. The Requirements of Mahkum ‘Alaih
Ushul fiqh experts agreed that a mukallaf could be burdened by law if he had fulfilled two conditions.
a. That person is able to understand the guidance of the shara who contained in the Qur'an and Hadith, which is directly and through other people. The ability to understand taklif propositions can only be proven by reason and the existence of texts that are interpreted in people who have sense in their range of reason to understand them, because actually reason is a tool to understand and capture, and with reason also the desire to follow orders can be directed. Because reason is an abstract thing that cannot be captured with concrete sense, then Shari'a connects significance with concrete things that can be captured by sensing which is a place of guesswork, that is, baligh condition.
b. A person must be able to act lawfully. In ushul fiqh it is called Ahliyah. Ahliyah means the ability of feasibility, skill, and propriety. All actions of people who have not or are unable to act law are not yet or cannot be accounted for.
2. Ahliyah and His Kinds
Related to Mukallaf, of course it will be associated with the level of ability, Abu Zahrah defines it as a person's ability to accept obligations and accept rights. In other words, the person deserves to bear the rights of others, accept the rights of others and is worthy to carry them out. Meanwhile, according to Wahbah Zuhaily, Ahliyah is a person's ability to have rights and be subject to his obligations, and the ability to do tasharuf (legal actions). The Ahliyah is divided into 2 namely.
a. Ahliyah Al Wujub
It is someone's appropriateness to support the rights intended for him and to support the rights imposed on him, namely to fulfill the obligations of fulfilling the rights of others to him. Fuqaha gives its name as “zimmah”
The basis for the existence of al-Wujub expert in a person is his human nature. Then there is the expert of al-Wujub in a person, that is since the spirit is blown into someone when the form was alaqah in the womb of his mother. But, when someone is still in the womb, because of his imperfect humanity, he only has the Ahliyyatul wujuubin naaqishah (imperfectly entitled skills). And even so, this is still limited to skills for certain rights, does not cover all the right skills imperfectly.
b. Ahliyah Al Ada
It is the ability to carry out the law, namely the appropriateness of a human being to be taken into account all his actions according to the law. The example of that are
- In worship, it has been seen as valid if he performs prayers, fasting, hajj and other deeds of worship.
- In muamalah, it is also deemed legitimate. For example, if he holds a sale and purchase contract, then he has the right to demand that the goods have been purchased if the seller neglects to submit them. Likewise, on the contrary, he must hand over the price of goods to the seller. And if he fails to carry out his obligations, he can be required to fulfill his obligations by the seller.
- In jinayah, then his actions have also been legitimate as a criminal act if he killed, stole and etc. So that he must be given a punishment according to what was arranged by Syara '.
The basis of the existence of expert knowledge is the ability of one's mind. So someone who has no sense of ability like someone who has not been mumayyiz and like a madman/crazy people does not have an Ahliyah Al-Ada.
3. Awarid Ahliyah
Awarid Ahliyah is things that exist or occur in a person, thus blocking his skills.
In short, in the Ahliyyatul Wujub there is no known 'Awaaridlul Ahliyyah. Different with Ahliyah Al Ada, which is basically the ability of reason, it is sometimes hindered by things that exist or occur in the person who has this ahliyyah. There are obstacles that eliminate or abort altogether and some only eliminate or abort certain actions. And there are two kinds of obstacles.
a. Awarid Samawiyah
Obstacles that exist are not human endeavors and humans cannot afford to reject them. Obstacles outside of human ability and effort are called sky obstacles, there are 8 kinds, namely: Crazy, Half Crazy, forgetting, sleeping, fainting, sickness, menstruation, death.
b. Awarid Muktasabah or ghairu Samawiyah
The obstacle that is sought by humans is a barrier based on human effort and ability. There are 7 kinds of obstacles that are attempted by humans, namely: drunkenness, pretending or joking, safah or careless in assets, safar or traveling, mistaken or accidental, debt, coercion.
BIBLIOGRAPHY
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Notes:
Your paper is good enough, but you have to write your references in the right method.
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