T3 Q4(SQ) - Grade: A PDF

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Why do we need to know Hukum Taklifi and Hukum Wadhie and what are the importance of this knowledge in creating a civilized society? There are two angles in practicing legislative rulings. The first type is known as Hukum Taklifi, which required a person to perform or abandon an action, or to make a choice between two actions. Another angle is Hukum Wadhie. It refers to some situational circumstances that involve shariah commands which lead to the effects. In Hukum Taklifi, there are five aspects. The first aspect is Waajib (Compulsory). Waajib means an action that the shariah obligates a person to do. The one who does it will be rewarded, in fact the one who neglects it will be punished. There are two types of Fard (obligation), individual obligation that every Mukallaf must do and collective obligation that is dropped by the rest of the society. By listing the compulsory acts, one can clearly know what should be done and what should not be done. As example we know that Muslim need to perform prayers five times a day. This enable the society to understand their obligations and they are bond to follow it or will be punished. There will be no excuse for a person to escape from his obligation. The second aspect is Mandub (Recommended). These actions are required by the Mukallaf but not a firm injunction. A person is awarded for doing but not punished for abandoning. In the society, we need some compliments in order to encourage people to do good deeds. Surah Al-Baqarah [2:110] states that Allah sees well all that you do. Recommended actions mean an action that is praised and we hope more people to involve in this action. As example, it is a recommended action for a youngster to help an old lady to cross the road. By this, we can feel the warmth of society and make the society better as the ability one volunteers to help the inability one. A complementary society is able to improve rapidly. The third aspect is Mubah (Permissible). It is a command given by shariah by way of choice. The general ruling regarding all things is permissible, which also means legal, unless a prohibition is stated. There is no reward or punishment for doing or abandoning such action, unless abandoning it will cause destruction. As example, it is not immoral to kill animals, but is also not a moral action. Therefore, human in the society can have his own choice. This leads human to think properly before doing decisions, by taking their values in life into consideration. A civilized society needs many different opinions. A permissible act can collect different choices and values of citizens, comparing them by raising an issue to debate in order to improve the society. The fourth aspect is Makruh (Reprehensible). It means the actions that Shariah refrains from. There are two types of reprehensible acts: highly reprehensible act that is an obligation, who obeys it will be rewarded and who neglects it will be punished; slightly reprehensive act that is not by the way of obligation, who avoids the act is rewarded and who commits it is to be blamed. It is important for people to know that what kind of acts are reprehensible and shameful, such as by overbidding against another in a sale transaction. This act harms the others’ benefits and should be avoided. When people knows the action leads the society into a mess, they will stop doing it. As example in the Age of Ignorance, the Arabic people did not know that they were doing wrongful acts. This caused their society to be uncivilized and turmoil. Therefore, it is important for people to realise whether their acts are to be proud of or to be shame of. The last aspect for Hukum Taklifi is Haram (Prohibited). These abandonments are requested firmly. A person will be punished if he commits these acts and will be rewarded for abandoning. There are two types of prohibition: for its own sake and for an external sake. Prohibitions are important since long time ago. These prohibitions are to limit the freedom of the society and protect the basic human right of every citizen. As example, in Islam, it is stated in Surah Al-Ma’idah [5:90] that gambling is a forbidden act. Penal Code of Malaysia lists the actions which are prohibited by law. Who goes beyond the law will be punished. It is a guideline for everyone. This can remain the harmony of the society and maintain peacefulness. A developing country needs a society which is well-discipline in order to have a good image.

In Hukum Wadhir, there are five stages for all legislative rulings. The first stage is Sabab (Cause). The effect is tied to its presence or absence. When a cause is absence, the effect and the rulings will be absence too. Same thing goes to law. Without a cause of action, then a suit cannot arise. It is important for the society to know the cause of an action in order to find specific ways to solve the difficulties. For instance, a company find that the purchase desire of society decreases, the causes may be the design of product is not attractive or the price of the product is unreasonable. In order to overcome the effect, prompt actions must be taken against the causes. The second stage is Shart (Condition). This means the application of a ruling depends on its presence or absence. The presence of one condition may lead to an application of a ruling, vice versa. As example, marriage is the condition to divorce. By understanding the presence of conditions, the society gets to know what rule should be applied and what action should be taken. It is able to prevent the abuse of certain rulings. People can apply ruling sharply and accurately in a short time as the conditions of rulings are stated clearly. The society will be systematic. The third stage is Maani (Barrier). Barrier is necessary for the absence of a ruling or may lead to invalidation of cause. As example, the cause of Law of Inheritance is the category of blood relation. If a son kills his father, this will be the barrier that make the cause invalid, and thus the Law of Inheritance cannot be applied. This enables people to understand the provisions of rulings automatically as they have the obligation to know about the rulings of their society. People will get to know more and make themselves clear about rulings in order to prevent the barrier. Lawyers will also find barrier to help their clients, which is known as exception in law. By this, rulings of the society will be kept improving and amendment will be done to make a better legal framework. The fourth stage is Rukhsah (Concession). Concessions will be made under certain conditions to prevent undue difficulties or to remove hardship when necessary. For instance, Surah Al-Nisa [4:101] states the right of the traveller to shorten his prayer. Law is no more than human being. Although nothing can prevail rulings, sometime there is an exception. This leads the society to find a neutral location between humans and laws. The last stage is Sihhah and Butlaan (Validity and Invalidity). The meaning of validity is that certain legislative consequences or effects that follow on from it. Invalidity means the absence of certain legislative consequences or effects that follow on from it. If a person performs an action with the presence of cause and condition, the action may be valid or invalid. Valid means the consequences will be followed, vice versa. This causes people to consider their actions before doing. They will think of the consequences of their actions and will not act impulsively. A civilized society needs rational citizens who are able to think over before putting anything into action....