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Osool Fiqh

In Osool al-Fiqh (principles of fiqh) we have five rulings, and everything a person does falls into these five catergories and they are:

1. Waajib (also known as Fardh) if not performed the person will be sinning, if performed the person will be rewarded, example of this are the five daily prayers.

2 Mustahhab (aka Manduub) if not performed the person will not be sinning if performed the person will be rewarded, example of this would be the sunnah prayers. (NB! Do not confuse the word sunnah for the Sunnah of the Prophet which we HAVE to follow)

3.  Mubaah, if not performed the person will not be sinning likewise if he performs it he will not be rewarded (some scholars say that any mubaah action can be changed into reward or sin depending on the intention) example being eating food.

4. Makruuh if a person performs this action he will not be sinning but if he leaves it off he gets rewarded. Example being giving and taking with the left hand.

5. Haraam, if a person performs this action he will be sinning and if he leaves it off he will be rewarded example being disobedience towards the parents.

Now there are five things that are considered mustahhab (voluntarly) but once a person undertakes the action it changes into waajib and the person is obliged to complete it (however some of these things are debated amongst the scholars themselves).

These five things are

1. Jihaad.

This is not the jihaad that is waajib, like if your country is attacked and you are required to defend your life and property nor if the ruler calls you out for jihaad. Rather this is if you hear of a legitimate struggle being fought by oppressed muslims (sanctioned by trustworthy scholars) and you want to help them.

For you to fly there and help them is not waajib upon you, but if you decide to do this then you will have to complete it and you are not allowed to run away and leave them.

2. Umrah.

Even though ‘Umrah is considered waajib within some schools of thought this is in reference to a voluntarily ‘Umrah. Meaning a person has already performed one ‘Umrah but wants to perform another one some other time in his life, as soon as the person enters the state of Ihraam it becomes waajib upon him to finish the ‘Umrah.

3. Hajj.

Hajj is very similar to ‘Umrah, and  this is not in reference to the Hajj of Islaam, meaning the hajj that is considered a pillar in Islaam. Since Hajj is waajib only one time in a person’s lifetime this is in reference to any other Hajj after the first one.

If a person starts his hajj, he is not allowed to say, you know what, this is to difficult I want to quit.

4. Janaazah.

Janaazah is known as Fardh Kifaayah, meaning if a group of muslims pray upon the deceased then the whole community will be sin free (ie every single person does not have to pray janaazah) however if no one at all from the community prays for the dead, then the entire community becomes sinful.

So if a person joins the janaazah prayer he has to finish it and can not leave it, it becomes waajib upon him.

5. Seeking knowledge.

Now this is a very debated thing, is a person allowed to leave seeking knowledge once starting it? Scholars debate both ways, and what seems to be closest to the truth – and Allah knows best – is that a muslim should always seek knowledge where ever they might be so that they know how to worship their Lord properly.

However if a person left to study in a country and then decides to leave that country, does this mean he left seeking knowledge? Not necessarily, but what is required is that the person does not stop seeking knowledge altogether.

12 Comments

  1. Anisa says:

    MashaAllah, very beneficial, I have learned a lot from this post. JazaakAllah Khair, knowledge is truly a light.

  2. Mohammed Aadil says:

    Assalamualaikum Bro,

    2 Questions:

    1) What exactly constitutes joining the janazah? If a person prays the Janazah prayer but does not go along with the Janazah to the burial ground, is that sinful?

    2) What constitutes exactly seeking knowledge? A muslim who is not constantly making an effort to seek knowledge is sinful?

    • khaldun says:

      wa alaikum assalam

      No the salah is seperate from the following, a person can pray the salah and does not have to follow the janaazah to the graveyard, he will get more reward if he does but its not waajib upon him, and the article talks about the salah not the following to the graveyard.

      When you talk about seeking knowledge there is basically two types, the first being waajib and this pertains to the basic things in life, such as learning how to pray your salah make wudhu fast in ramadan etc, and then there is what is above that, such as learning inheritance, the men in the chain of narrators in hadith etc.

      The first type of knowledge you have to carry on learning, but the second is not waajib upon the whole community, if some learn it its sufficient. We are not all required to be scholars, but are required to learn about our religion, there is a difference.

  3. Aboo Yoosuf says:

    Assalamu Alaykum WaRahmatullah akh.

    I thought there is a difference between waajib (obligatory) and fardh (compulsory) from a fiqhi perspective?

    • khaldun says:

      wa alaikum assalam warahamtullahi wabaraktuh

      Let me guess brother, you follow the hanafi mathab right? In the hanafi mathab they make a difference between the waajib and fardh etc, whereas in the shaafi’i mathab they do not. Its just a minor difference tho

  4. ANMB says:

    ASA. Do all 4 major remaining madhaahib have the same categories and use of the terminology/definitions as those listed above?

    Or is this the fiqhi methodology of the Hanbali madhaab only?

    If there are differences between the madhaahib, what are they with regard to the categories, terminology, and definition?

    JAK. ASA.

    • khaldun says:

      wa alaikum assalam

      I do not understand why you always keep refering to the hanbali school of thought? I am not hanbali, rather I am Shaafi’i and I do not even believe the hanbali school of thought to exsist, Imaam Ahmad bin Hanbal was a Shaafi’i scholar!

      The terminology is the same since these are the essence of the rulings of Sharee’ah (the wordings might differ) but they mean the same thing. It is not as if the Maaliki mathab would take away haram for an example.

      However what you are refering to is the difference in how these terms are applied, and they differ from mathab to mathab based upon how each scholar saw the daleel etc.

  5. ayk says:

    Assalamualaikum.
    1.I wanted to know ,if its entirely compulsory to follow (by being aware)& stick to one madhab?
    Some one told me that switching madhab in various acts of worship is a big offense.
    2.During Taraweeh I observe many people follow the Recitation by holding a Mushaf in their hands.
    Someone told me,if ure Hanafi ,then u should not hold/read from a Mushaf or else it makes the Salat invalid. Also ,this depends on the madhab of the Imam.
    I’m completely at a loss..Please explain.
    Jazakallah hu qairan Kaseer.

    • khaldun says:

      wa alaikum assalam

      If you are a typical layman then it is better for you to follow one particular mathab, however if it is proven to you beyond any doubt that the imaam of the mathab was mistaken with regards to a particular rule then you do not follow him in that mistake.

      For the taraaweeh prayer then it is better to stand without a mus-haf since we are commanded to listen to the Qur’aan when it is being recited and not hold mus-hafs. Some people argue that it helps concentration but we say due to all the fiddling that might result then it is better that the person stands without a mushaf in his/her hand.

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