21. LEGAL CATEGORIES
According to Islaamic Law, all acts and things may be divided into two main categories: those that are permissible, known as Halaal, and those that are forbidden, known as Haraam. There is nothing in existence which does not fall under one of these two categories.
HALAAL (PERMISSIBLE)
The category of Halaal is further divided into four sub-Divisions based on the way in which they were made allowable:
1. Waajib of Fard (Obligatory)
The act which is considered Waajib must be done. If one does it he is rewarded by Allaah, and if he fails to do it (purposely) he has committed a sin and will be punished. How do we know if something is Waajib? If Allaah or His Prophet has said it is Waajib? If Allaah or His Prophet has ordered us to do something without making any exceptions, it is considered Waajib. The proof of this is in Allaah’s statement in the Quran.
“Whatever the Prophet orders you, do it, and whatever he forbids you,leave it!” Soorahal-Hashr(59):7
The Qur’aan orders us to worship Allaah without partners, establish regular Salaah and pay our Zakaah in Soorah al-Bayyinah (97), verse 5:
“And they were only ordered to worship Allah, alone, establish their Salaah and pay their Zakaah.”
Thatistherealreligion. Therefore,it is Waajib that we worship only Allah,pray out five daily Salaah and give our yearly Zakaah to the poor. If we do, we will be greatly rewarded by Allaah, but if we worship someone or something other than Allah, leave our Salaah or refuse to pay our Zakaah, we will be punished.
The Prophet commanded us saying, “Pray all of you just as you saw me pray.”1 Therefore, it is Waajib on all Muslims to pray in some way that the last Prophet prayed. If we do so, we will get the full reward of Salaah, but if we know the right way and pray another way, we will be punished by Allaah and our Salaah will not be accepted.
The purpose behind the category of waajib acts is:
a. To identify for humans the absolutely essential acts which they must do in order to help them succeed in both this life and the next.
b. To train the believer in submission to God, which is the foundation of righteousness.
c. To provide a basic framework of righteous deeds for the believer’s life.
2. Mustahabb (Recommended)
The act which is Mustahabb is one which the Prophet has encouraged us to do. If someone does it, Allaah will reward him, but if he doesn’t do it, he has not done a sin and will not be punished. The Mustahabb things are there to help us get used to obeying Allah and His Prophet so that when we are given something Waajib to do, it will be easier for us to do it. It is also a means by which one can make up for the mistakes made in Fard acts.
How do we know when something is Mustahabb? Acts classified as Mustahabb are those which
(a) The Prophet used to do it regularly. For example, the Prophet used to pray two Raka‘aat2 of voluntary prayer before doing the Fard Salaah of Fajr, even when he was travelling and stopped doing other prayers before and after the other compulsory prayers. Thus,itisconsideredMustahabbforustopray these two Raka‘aat whenever possible
(b) Those he recommended. For example, the Prophet encouraged Muslims to fast on certain days in the year outside the month of Ramadaan. He was reported to have said that one who fasted six days in the month of Shawwaal along with the whole month of Ramadaan, would get the reward for fasting the whole year. Similarly, he also recommended ‘Umrah in Ramadaan by saying that one who does so would be rewarded like one who made Hajj with him.
(c) Those which he ordered done and then later allowed not to be done. An example of the third type of Mustahabb acts is the command for Ghusl (Islamic bath) on Friday. Initially the Prophet said that “Ghusl on Friday is compulsory on everyone reaching puberty.”but he later said, “Whoever makes Wudoo’ on Friday is blessed, but making the Ghusl is better.
(d) Those which he prohibited and then later commanded. And an example of the fourth kind can be found in the command to visit graves. Regarding this, the Prophet said, “I used to prohibit you from visiting the graves, (but now) visit them, as it will remind (of the next life)
The purpose behind the category of mustahabb acts is:
1. To identify certain beneficial acts which humans may not necessarily realize.
2. To train humans in obeying God. Each compiler acts as an equivalent recommended version.
3. To protect the area of compulsory acts with a shield of other good acts. If a believer becomes weak and neglects acts, it would be from the mustahab and not the waajib.
4. To provide a body of good deeds which can make up for deficiencies in the compulsory acts.
3.Mubaah (Allowed)
The act which is considered Mubaah is one which hasn’t been ordered, recommended, disliked or forbidden by Allaah and His Prophet.It is something optional, meaning that we may or may not do it. If we do it without any particular intention, there is no reward from Allah, and if we do not, there is no punishment. Examples of things that are Mubaah are taking a bath on a hot day to cool off, buying a Pepsi instead of a Mirinda, or scratching your head with your left hand or right hand.
Khaalid ibn al-Waleed related that he went with Allaah’s Messenger to visit Khaalid’s aunt Maymoonah, who was one of the Prophet’s wives, and found that she had roasted a Dabb (a large desert lizard). When she offered the lizard (dish) to Allaah’s Messenger, he refused it, so Khaalid asked him if lizards
were prohibited. He replied, “No, but there were none in my people’s land and I find that I dislike in my people’s land and I find that I dislike them.” Khaalid said, “I then bit off a piece, chewed and ate it with the Prophet looking at me.” Eating Dabb is therefore Mubaah. The Prophet disliked it personally, but permitted it for others.
It should be noted that this category could become a source of reward if done with a good intention. For example, choosing the best foods to eat for the purpose of looking after one’s body, a gift from God, would be a commendable act.
The purpose behind the category of mubaah acts is:
1. To increase the area of Halaal acts and give humans more freedom of choice so that they have no reason for going to the haraam.
4. Makrooh (Disliked)
The act which is considered Makrooh is the one which
1. Allah or His Prophet has described it as being nasty or disgusting. For example, the Prophet said, “The one who plays backgammon is like one who dyes his hand in the blood of swine.” Since dyeing one’s hand in pig’s blood is a nasty act, so is playing backgammon, so we should avoid it and games that are similar to it.
2. The Prophet forbade but later did to let us know that it is not a sin and that it was only disliked. An example of the second category can be found in the Prophet’s prohibition of drinking while standing. Abu Hurayrah quotes Allaah’s Messenger as saying, “None of you should drink while standing ; And if anyone forgets, he should vomit.”13 However, the Prophet was also known to have drank while standing. ‘Alee ibn Abee Taalib prayed the noon prayer and then sat down in the wide courtyard (of the Masjid) of Kufah in order to deal with the affairs of the people until ‘Asr prayer. Water was then brought to him. He drank some of it, made Wudoo’, then stood up and drank the remaining water while standing and said, “Some people dislike drinking water while standing, but the Prophet did as I have just done.”
The makrooh acts represent a category of actions which contain some form of harm in them. The harm may be physical or spiritual, however, the effects are not serious enough to have the acts strictly prohibited. For example, the father of Ya‘eesh ibn Tikhafah said, “While I was lying on my stomach in the early morning, a man began to nudge me with his foot and then said, ‘This is a method of lying which God hates.’ When I looked up I saw that it was Allah’s Messenger.”After extensive research into spinal ailments and their causes, specialists from the medical profession made the following recommendations: “Poor sleep posture is a sure invitation to backaches. Use a firm mattress. Lie on the side with a bend to the knees. Avoid lying on the belly, a position that increases the lumbar curve, causing that familiar sagging called swayback.” Thus, the avoidance of sleeping on the stomach does protect man from some physical harm. There may also be other physical harm as well as spiritual harm unknown to us.
We are encouraged to avoid the makrooh acts since they are close to being forbidden. If we avoid them, Allaah will reward us, but if we do them, there is no punishment. If someone gets into the habit of doing makrooh things it will be easy for him to fall into the forbidden things. So, we should avoid them as much as possible.
For example, one who follows the Prophet’s advice regarding backgammon is rewarded by Allaah, while one who insists on playing it, will likely end up playing it for money and fall into the sin of gambling, which is strictly forbidden and punishable in this life and the next.
The purpose behind the category of makrooh acts is:
1. To protect human beings from some harmful acts.
2. That avoiding Makrooh acts trains man in self-control to make the avoidance of Haraam acts easier.
3. To place a barrier between the believer and the haraam acts so that in times of weakness,a person would onlyfallintothedislikedratherthan the forbidden.
HARAAM (FORBIDDEN)
An act is considered Haraam if Allah or His Messenger ordered us not to do it, without making any exceptions. If we avoid such an act, we will be rewarded by Allaah, but if we do it, we have sinned and will be punished.
How do we know when something is Haraam? An act is considered Haraam if Allaah or His Prophet said that:
1. It is forbidden by either using the term “forbidden” or by saying “ do not.” For example, the Prophet said, “Don’t eat with your left hand, for surely Satan eats with his left hand.” Allaah said in the Quran:
“Forbidden to you ( in marriage) are : your mothers, your daughters, your sister, your father’s sisters, your mother’s sisters…” Soorah an-Nisaa’ (4) : 23
2. We should avoid it totally as Allaah stated in the Quran: “Verily alcohol gambling and fortune telling are filth from the work of Satan, so avoid them totally or in order to be successful.” Soorah al-Maa‘idah (5) : 90
3. It is punishable in the Sharee‘ah. ‘Uqbah ib al-Haarith said, “An-Nu‘maan or his son was brought to the Prophet in a state of drunkenness. The Prophet took it hard and ordered those present in the house to give him a beating. They all took part in flogging him with the stalks of the date palm and shoes, and I was among those who beat him.”
4. Whoever does it will burn in Hellfire. Haarithah ibn Wahb reported that Allaah’s Messenger said, “…. Shall I inform you of the people of Hell?” And the companions replied, “Yes.” The Prophet then said, “Every haughty, fat (from overeating) and proud person.” Or that they will not enter Paradise, as in the Prophet’s statement , “The gossiper will not enter Paradise.”
5. It is cursed. For example, Abu Hurayrah said, “Allah’s Messenger cursed men who dressed like women and women who dressed like men.” Ibn Abee Mulaykah also reported that when someone asked ‘Aa’ishah if a women could wear men’s sandals, she replied, “Allah’s Messenger cursed mannish women.”
The purpose behind the category of Haraam acts is:
a. To protect man from things which are extremely harmful to himself and society, either physically (like alcohol) or spiritually (like pride).
b. To test man’s faith and differentiate between true believers, weak believers and disbelievers.
c. To help develop man’s awareness of Allah by forcing him to refrain from certain acts even though he may not be able to perceive the harm in it.
By Bilal Philips
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