Understanding Obligations and Actions

Objective of Law

• The objective of law (محکوم فیہ / مُکلَّف بہ) is a key concept in Islamic jurisprudence.

Mahkum Fihi

• It relates to Allah's sayings for defining and declaratory law.
• It refers to the acts, rights, or obligations of the mukallaf (the one bound by Islamic law).
• The mukallaf's actions are considered in terms of cause, condition, or hindrance.

Conditions of Al-Mahkum Fihi

• The matter must be informed clearly and completely to the mukallaf.
• Necessary instructions or explanations must be given in a timely manner.
• A person in full possession of their capacities is presumed to know the law.
• Ignorance of Shari'ah rules is typically not an excuse.
• The act must be within the capabilities of the doer.
• There is no compulsion to perform an impossible act.
• The objective is to command obedience.
• Performance depends on the will of the mukallaf, including control over inner emotions.

Acts (افعال)

• Acts refer to the quality related to the person to whom the law is addressed.
• The law states whether an act is obligatory or forbidden.
• This involves a person's actions concerning their heart, tongue, and limbs.

Classifications of Acts

• Natural Acts (افعال حسی): Includes acts of mind (افعال قلبی) and physical acts (افعال بدنی).
• Juristic acts (افعال شرعی).

Physical Acts

• Physical acts are bodily motions, like utterance of words, eating, and drinking.

Acts of Mind

• Consists of believing, acknowledging, intending, and wishing.

Types of Physical Acts

• Acts of Utterance (افعال قولی): Spoken words or expressions of will like writings and gestures.
• Acts of Conduct (افعال عملیّ): Motion of the body or omission to fulfill obligations.

Voluntary vs. Involuntary Acts

• Voluntarily acts are referred to as "Tasarrufat" (expenditure of energy or will).

Classifications of Juristic Acts

• Originating Acts (انشاءات).
• Information Acts (اخبارات).
• Acts of Faith (اعتقادات).
• Originating and Information Acts are physical acts, while Acts of Faith are mental acts.

Objective of Originating Acts

• The production of a legal result, like sale, marriage, divorce, or manumission.

Objective of Information Acts

• Describes an event. Examples include testimony (شہادت) or admission (اقرار).

Classification of Juristic Acts

• Creative Acts (اثباتات): Creates rights like a sale, lease, or gift.
• Acts Extinguishing Rights (اسقاطات): Includes release, divorce, or manumission.

Types of Originating Acts

• Revocable Acts: Legal effect can be undone, such as sale or lease.
• Irrevocable Acts: Cannot be undone, such as divorce, manumission, or vow.

Contract

• Originating Acts create contracts (عقودات).

Annulling Contract

• Acts cancelling relationships are called "Annulling Contract.” (فسوخات).

Valid, Void and Irregular Acts

• Valid Acts (افعال صحیحہ): Comply with Shariah.
• Void Acts (افعال باطلہ): Not in compliance with Shariah.
• Irregular Acts (افعال فاسدہ): Lawful in substance yet unlawful in attribute.

Rights (حقوق)

• A right is something one is entitled to under the law.
• It is a power to act freely and a combination of privilege and duty.
• Islamic rights are given by Allah and enforced/protected by the state.

Classifications of Rights

• Public Rights: Rights of God.
• Private Rights: Rights of Men.

Public Rights

• Public rights correspond to rights of God and observance of obligatory devotional acts is beneficial to the community.
• They’re referred to God as their violation entails great risks, and their fulfilment entails comprehensive benefits.

Private Rights

• Concern individual men, like contract enforcement or property protection.
• Enforcement relies on the individual whose right is infringed.

Combined Rights

• Both Rights Combined and the Rights of God preponderate: Combining rights of the the community and the individual but the former is more important.
• Both Rights Combined and the Rights of Men preponderate: Public and private rights are combined, but the private rights take precedence.

The private right

• It arrises from the offence of murder having caused loss and sorrow to the heirs.
• Private rights dominate, as heirs may pardon or accept money for injury satisfaction

Types of Public Rights

• Acts of Devotion.
• Punishments of Perfect Nature.
• Punishments of Imperfect Nature.
• Matters partaking in the nature of devotion and punishment.
• Impost.
• Tithe.
• Land Tax.
• Rights that exist themselves.

Public Rights - Acts of Devotion

• Pure and simple worships ("Ibadat"), encompassing faith, prayer, poor rate, fasting, pilgrimage and Jihad.

Public Rights - Punishments of Perfect Nature

• Attached as a consequence to specified offenses like Hadd for theft, adultery, drunkenness, and slander.

Public Rights - Punishments of Imperfect Nature

• Depriving a man who killed another, inheritance rights to the deceased.
• This is regarded as imperfect as it does not inflict physical suffering.

Public Rights - Matters that are Devotion and Punishment

• Atonements for non-discharge of certain obligations, mostly consisting act of devotion.

Public Rights - Imposted

• The performance of an act of devotion involving payment such as the giving of certain appointed alms at Eid ul Fitr.

Public Rights - Tithe and Land Tax

• Tithe is seen as a form of worship. Payable by a Muslim owner of certain lands.
• Land Tax is a punishment. Originally leviable from non-Muslims.

Public Rights - Rights that exist by themselves

• Rights without active duties to any individual. Examples includ include one-fifth of booty and Jihad.

Types of Private Rights

• Right to safety of person (نفس).
• Right to reputation (حرمت).
• Rights of ownership (ملک).
• Family Rights,

Family Rights

• Marital Rights )زوجیت;.
• Rights of guardianship )ولایت;.
• Rights of children and poor relatives.
• Rights to succession )خلافت; and inheritance )وراثت.

Private Rights

• Right to do act lawfully (تصرفات).

Classification of Rights

• Independent and Dependent.

Independent Rights

• Rights that exist by themselves
• Does not imposes any obligations on any individual.

Dependent Rights

• Exists against a specific person, who has duties.

Types of rights

• Original Rights and Substitutory Rights.

Example of Original and Substitutory Rights

• God requires ablutions with water. However, during sickness ablution is made by earth.
• A buys good from B, the delivery of the good is an original right. However, damages now belong to B.

Obligations

• Duties that correlate to rights in personal, and it their non-performance of which is punishable.
• Obligations include "To perform prayer" and "To pay zakat".

Classification of Obligations

• By the implication of law, towards individuals, such as obligations to the kinship.
• From one's own utterance, such as contracts or admission.
• Conduct infringing rights, such as toward personal safety.

Obligations

• Toward God or the State e.g. obligation to worship and taxes.
• Towards the individual e.g. familial relations.

Classification of Obligations

• Obligation per se (نفس الوجوب).
• Obligation of performance (وجوب الاداء).

Obligation Per Se

• A command that binds a person is in the liberty of the obliged.
• For example: To pay Zakat the Muslim must possess wealth equal to Nissab..
• For example: Nafs Wujub must arrive to prayer time, if prayer doesn't happen Qada arises.

Obligation of Performance

• Duty to do and to perform, so one can be release.

The Types of Obligations

• By the implication of Law.
• Conduct inflicting rights of another e.g.
• Personal Safety
• lawful Acts
• Reputation
• Family Rights
• Ownership and possession.

Classification

• Having regard to their origination that classified into that is Rights e.g.
• Man utterance or by the admission.

Classification of originations rights

• Implication of law
• One zone acts of utterance contracts
• Conduct of infringing another rights.

Obligation

• Having regard to their organized may be generous classify that is implication out of man’s own act of another

Discharge of Obligations

• Specific Obligation اداء.
• Non-Specific Obligation قضاء.

Specific Obligation Types

• When something is done that’s similar to what’s required.
• This classified both men and God has write good classification for application

Examples for specific obligation

• The obligation applies only the right to for the damage but

1. The prayers has to be on time
2. Month to month.
3. Things come as a result in B

The discharge of specific obligation divides into:

• Complete - Legal right
• Deficient- Deficiency with legal rights

Specific Obligation

• To fulfill an act completely or with some deficiencies in its legal attributes:

Types

• Legal right = complete
• Rights of God = men with act of requirement to take legal requirements has write
• Incomplete = deficient.

Specific Obligation

When the requirement is carried out to what requirements similar with specific.

To do what legal attribute is

• Has two kinds, Complete which is which legal requires from is the right example prayer
• Deficient with legal requirement
• Legal complete = offer in prayer with group
• Did not provide a single prayer, they all individual.
• Legal = didn’t read the first section, it all negligent.

Non-Specific Obligation (قضاء)

• Obligated duty. It is one, those two is similar

Has kind of two

• Qada with legal rights
• Qada without legal or right.

Qada

• It’s like an obligation by something similar, it’s a subjective, to the writer’s legal
• Ex, we can give bread rather than the bread.

That’s not with law be satisfied or

• When satisfaction is like is a subject with no subject The law can still be satisfied

• Ex, money for money we pay as damages Diyat for hurts etc or slave Dower

Explore the principles of obligations, including commanding obedience and the impossibility of requiring the impossible. Delve into the classification of actions as natural, physical, or acts of mind, and how these categories relate to obligations and vows. Cultural influences on determining impossibility are also considered.