The Understanding of Taklifi Law and the Various Types of Laws There Are!

The meaning of taqlifi law – Hello Reader friends, do you know Islamic law? In terms of terminology (terms), Islamic law is God’s teachings about mukallaf in the form of requests (orders, prohibitions), recommendations to do or recommendations to leave or takhyir (the ability to choose between what should be done or what should not be done), or wad’i ( set something as a cause, condition, or obstacle).

If the meaning of law is relevant to Islam, then Islamic law is a set of rules from God’s revelation and the Prophet’s Sunnah that, both directly and indirectly, regulate human behavior that is recognized, trusted, and respected by Muslims.

In terms of terminology, according to Mr. Hasbi Ash-Shiddieqy, he believes that Islamic law is the collection of efforts of jurists to apply sharia to the needs of society. Meanwhile, An-Na’im thinks that Islamic law includes matters of belief, worship (ritual), morality and law.

This description shows that Islamic law covers various issues of human life, both the affairs of this world and the affairs of the hereafter. The main source of Islamic law is divine revelation and human reason. The double identity of Islamic law is found in its two Arabic names, shari’ah and fiqh .

Shari’ah has a greater relationship with divine revelation, while jurisprudence is a product of human reason or knowledge about Shari’ah terms that are actually taken from the Qur’an and Sunnah.

Therefore, Islamic law can be divided into two parts: first, the provisions (law) of Islam are clear and detailed, such as matters of worship, marriage, inheritance provisions, etc. This part is the province of sharia . Second, the provisions of Islam are built through the corruption of reason. This part is the area of ​​jurisprudence .

In Islamic law, there are two types of law that apply to mukallaf (those who have met the conditions to obey the law), the first is taklifi and the second is wadh’i .

This law is used by mukallaf as a guideline for worship. Linguistically, the law of taklifi is the law of burdening, while in terminological terms it is God’s command in the form of choice and request. It is called taklifi law because this order is directly related to the actions of a mukallaf (puberty and common sense).

The condition is due to the law of taklifi obliging the mukallaf to do and leave an act with certainty. The discussion of taklifi law is one of the many studies of Ushul Fiqh h. In fact, one of the main purposes of the discussion of Ushul Fiqh a is how to conclude the law of taqlifi definitively.

Therefore, the position of taklifi law is so important in the discussion of Islamic law. So this article will discuss the meaning of taklifi law , its types, and functions according to Islamic teachings. If you Reader friends don’t know about taklifi law, let’s read the explanation!

Definition of Taklifi Law

Taklifi law is a law that has the meaning of demand (to be done or left by the mukallaf ) or that contains a choice between what is done or what is left. In other words, taklifi law is what is required to do or not to do or is allowed to choose between doing and not doing.

Hukum taklifi is the book (word) of God that relates to mukallaf actions , either in the form of ability guidance, or establishing something as a reason, condition, or seed.

The law also includes procedures, prohibitions, and permission of a mukallaf . For example, prayer is obligatory for all Muslims, adultery is forbidden and sleeping is allowed.

The terms halal, haram, wajib, sunnah, etc. is part of the law of taqlifi in Islam. Law enforcement is aimed at Muslims. Mukallaf is an adult or old enough and quick (not crazy or unconscious). In other words, small children or people who suffer from acute mental disorders to the point that their minds are disturbed are not burdened by the law of taklifi .

The law is very important to measure the faith of each person. Therefore, the law is absolute and must be obeyed and enforced relentlessly.

The law of taklifi as mentioned before is the law that applies and must be obeyed in Islam for those who have been subject to the conditions of taklifi , that is, they are adults or have reached puberty, because taklifi is related to the commands and prohibitions of God. SWT.

This law is basically related to the command of Allah SWT. The important thing is to organize people so that they have to do something, finish it, and leave it. Because the root of charity from human behavior comes from doing something and not doing something. Thus, this law is sourced from all syariah laws or laws that are sourced from legal foundations.

Types of Taklifi Laws

The Hanafi group divides the law of taklifi into seven types, namely by dividing the word to do an act with definite conditions into two parts, namely fardhu and ijab .

According to this group, if an order is based on qath’i proofs , such as the proofs of the Qur’an and mutawatir hadith, then the order is called fardhu . However, if the order is based on zhanni evidence then it is called ijab . So is the ban.

If the prohibition is based on ridiculous arguments, then it is called karahah tahrim . With such a division, the Hanafi group divided the law of taklifi into fardhu, ijab, tahrim, karahah tanzih, nadb and ibahah.

Although this second group divides the law of taklifi into seven types, in general the scholars agree on dividing the law into five types as mentioned above.

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The five types of law have an influence on the actions of mukallaf and this result is known by jurists as al-ahkam al-khamsah, which is obligatory, haram, mandub, makruh and mubah. Here is the explanation:

1. Mandatory (Ijab)

Ushul experts give the meaning of obligatory according to the Sharia, that is, what the Sharia demands to be done by the mukallaf upon a firm request and will be rewarded and if neglected will incur a sin, this ijab can be known by pronunciation or by other signs ( qarinah ).

The determined obligation can be seen through pronunciation as in the form of amar (command) in the word of God: “… establish Salat to remember Me.” (QS. Thaha: 14).

It can also be known through the words that are included in the sentence itself which shows the obligation as in His words: “O you who believe, it is obligatory upon you to fast as it was obligatory upon those before you” (QS. Al-Baqarah: 183 ).

Seen from many aspects, it must be divided into four. Viewed from a certain point of view whether the act is obligatory or not, obligatory can be divided into two, namely:

  1. Wajib Mu’ayyan is something whose actions have been determined, for example reciting Surat al-Fatihah in prayer.
  2. Wajib Mukhayyar , that is, those who can choose one of the many types of actions determined. For example, the oath of atonement offers three alternatives, feed ten poor people, or give clothing to ten poor people, or free the slaves.

Seen in terms of the time to do it and the time available to do what is needed. This obligation can be divided into two categories, namely:

  1. Wajib Muwassa , that is, the time available to carry out what is required is wider or longer than the time of carrying out this obligation. For example, Dhuhur prayer. The time available to perform Dhuhr prayer is much greater than the time used to perform Dhuhr prayer. It is very important that it can be done at the beginning of time or in the middle of time or at the end of time. According to the scholars, if muwassa’ is required to be done in the middle or at the end of the time, one should intend after the time has arrived (early time) to delay its implementation until the desired time as neglecting the time.
  2. Wajib Mudhayyaq , i.e. those who have the same or equal free time to fulfill this obligation, such as Ramadan fasting. Fasting itself occupies all days in the month of Ramadan. This is why the obligation of mudhayyaq cannot be postponed in the time available for its implementation.

Seen from the perspective of the person who must do it, it is divided into two parts:

  1. Wajib Ain are the conditions to perform one act per mukallaf and cannot be replaced by others, such as the obligation to perform prayer, fasting, zakat and hajj. This obligation is also called fardu ‘ain.
  2. Wajib Kifayah is an obligation imposed on a group of people and if someone fulfills the request it is considered fulfilled, and if no one does it, the group commits crimes such as amar ma’ruf and nahi munkar , funeral prayers, construction of hospitals, schools, etc.

Seen in terms of the ratio (amount) and the form of loss, it is divided into two:

  1. Wajib Muhaddad, is what is determined by the syar’a in the form of a requested act and the mukallaf is considered negligent in fulfilling the request before carrying it out as requested by the syar’a’ or otherwise is an obligation whose rate or quantity has been determined. For example prayer, zakat and debt repayment. The five-step prayer has a time, the number of rak’ahs, pillars and conditions. Zakat has been defined for the types of goods that must be provided and the amount of zakat that must be paid. Wajib muhaddad if not implemented will become a debt and can be confiscated.
  2. Wajib Ghairu Muhaddad is a mandatory and optional act, which does not determine the method of implementation and deadline or an obligation that does not determine the amount of limitations, such as infaq fi sabilillah, helping people who want to help, helping each other, etc.

Wajib ghairu muhaddad , if not forced, does not become a debt and cannot be forced. According to Amir Syarifuddin in ushul fiqh, the law of coercion is: Asking to do something safe, meaning something that if done will be rewarded and if surrendered will be threatened by Allah SWT, known as the term “wajib”.

2. Sunnah (Mandub)

Ushul experts say that what is meant by mandub is what is required by syariah to make mukallaf, but the conditions are not too strict, there is no punishment or sin (‘iqab) .

The act of mandub can be recognized from the pronunciation included in the text such as the word sunnah or recommended or given as a warning but there are indications that it is obligatory not to extend from the text itself.

Scholars of the Hanafi school equate the meaning of sunnah and nafal with mandub, according to them there are three types of mandub, namely:

  1. Sunnah Hadyi is an act ordained to perform obligatory acts such as the call to prayer and congregational prayer. People who abandon acts like this are said to be lost and reprehensible and if the whole village agrees to abandon them then they can be fought.
  2. Zaidah’s Sunnah is all actions that are recommended to be done as commendable qualities for mukallaf for following the footsteps of the Prophet as a normal human being such as eating, drinking, sleeping etc. and if the action is done then it becomes good for the mukallaf and if it is omitted it cannot be said to be makruh.
  3. Sunnah Nafal is an act that is recommended to be done in addition to obligatory and sunnah acts such as circumcision prayer. If you can do this, you will be rewarded if you stop, you will not be punished, nor reproached.
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Usually, this mandub is also called sunat or mustahab, and is divided into:

  1. Sunnah ‘ain , is all actions that are recommended to every mukallaf person to do, for example sunnah rawatib prayer.
  2. Sunnah kifayah is all actions that are recommended to be done by just one of a group, for example saying greetings, praying for someone who sneezes, and so on.

3. Haram (Tahrim)

Ushul scholars say that what is regulated by syar’a is forbidden, which cannot be done under harsh conditions.” In other words, it is forbidden and if you do it and you will be punished, and if you leave it you will get a reward.

Broadly speaking, Haram is divided into two parts:

  1.  Haram Lidzatihi is haram in the act itself or haram in its substance. Haram like that is basically forbidden from the beginning. For example murder, adultery, theft, etc.
  2. Li ghairihi is forbidden , forbidden because it is related to other acts, or forbidden because of other factors that come later. For example, buying and selling which was previously allowed becomes haram, when the call to prayer on Friday is heard. Similarly, the obligatory fasting of Ramadan which originally became haram because fasting causes pain that threatens the safety of the soul. The same goes for others.

Scholars of the Hanafi school divide this haram into two types, which are seen based on the strength of the arguments that support it:

  1. Haram set by Dalil Qath are Al Quran, Sunnah Mutawatir and Ijma Harm. Haram that is established by this argument of qath is the opposite of fardhu. For example, the prohibition of adultery as explained in Surah Al Isra verse 32.
  2. Haram that is established with zanni arguments such as hadith ahad and kias and haram like this is contrary to what is obligatory or also karahiyatul tahrim . For example, men are forbidden to wear gold jewelry and silk cloth.

According to Amir Syarifuddin, he said that the taqlifi law about haram is: Demand to leave clearly, that is a job that if done by a mukallaf then he will receive a sin from Allah SWT and if left then he will get a reward, which is known as “haram “ .

Hanafiyah scholars define forbidden law into two based on the evidence that establishes it. Claims and prohibitions can definitely be determined by the evidence of the Zhanni evidence called karahah tahrim .

4. Makruh (Karahah)

According to Ushul scholars, Makruh is what is required by syariah to do, but is not haram or in other words, something that is haram but will not be a sin if done. For example, smoking, eating food that causes bad smell, etc.

Generally, scholars divide makruh into two parts:

  1. Makruh Tanzih , that is, all actions that are omitted are better than done.
  2. Makruh Tahrim , i.e. all acts that are prohibited but the justification for the prohibition is zhanni , not qath’i. For example, playing chess, eating fish, and eating snake meat (according to the Hanafiyah and Malikiyah schools).

According to Amir Syarifuddin, the takfili law about makruh reads: A demand to leave or an indefinite prohibition. That is, a job that if done without sin and if abandoned will be rewarded, which is known as “karahah (makruh)”.

5. Mubah (Ibahah)

What does Mubah mean according to Ushul scholars: “what gives the mukallaf the freedom to choose whether to do it or not.”

Mubah can be divided into three types, namely: 36, whose syarah explains the ability to choose between doing and not doing

  1. Its ability is not explained, but syar’ states that it can provide peace and comfort for those who do it
  2. It is not well explained at all that the ability to do such things is rooted in the rules of Bara’atul Ashliyah .

According to Amir Syarifuddin he said that the taklfi law about mubah is something that gives the possibility to choose between doing or leaving. Therefore, here there is no demand to work or leave. this is neither commanded nor forbidden.

Laws in this type are called “ibahah” while actions that are given a choice to do or not are called ” mubah” . For example: hunting after performing tahallul in Hajj and others.