Islamic
Jurisprudence (Usul Al Fiqh):
Commands & Prohibitions
By
Shah Abdul Hannan*
Commands and Prohibitions
A command
(Amr) is defined as a verbal demand to do something from a
position of superiority to an inferior. Command (also prohibition)
may occur in a variety of form.
Command is mostly in imperative mood. In some cases, use of a simple
past tense in Arabic may also indicate command to do something [Sura
Baqarah : 178]. A Quranic injunction may occur in a form of
moral condemnation (Al-Baqara : 189).
Quranic command may be conveyed as a promise of reward or punishment
(Quran - 4 : 13-14). An important question is : What is primary in
command, is it obligation, a recommendation or simple permissibility?
(as 'command' may mean all these). According to the majority,
command implies obligation unless there are clues to suggest
otherwise. Some have held that Amr (i.e. command) is in the
nature of Mushtarak or which impart all (obligation,
recommendation and permission) until determined what is primary. Some
have held it implies only obligation or recommendation (Nadb).
Some others have held that Amr means permission to do
something. Clearly, the majority opinion is more rational and
justified (that obligation unless proved otherwise).
Command (Amr) may sometimes mean permissibility. For instance when
the Quran says, "Kulu Washrabu" (eat and drink -
ref. 7 : 31), the context suggests that it is mere permissibility.
Similar examples can be seen in verse 5:2 (wa idha halaltum
Fastadu) and 62:10 (Fantashiru fil Ard). A command
may convey a recommendation in some cases (Sura Baqara : 282). A
command in a few cases may indicate threat, i.e. advise to desist
from doing a particular thing (ref. 24:33 and 17:64). A command may
imply supplication or prayer also (Ref. Baqara : 286). However
command (Amr) mostly means obligation (Farz or Wazib,
depending on whether the text and meaning both are Qati or
not.)
Majority of Ulama hold a
command following a prohibition means permissibility, not obligation
(ref. Quran 5:2 and 62:10). According to majority , a single instance
of compliance of the command is an obligation, in the absence of
indications for repeated compliance. When a command is issued in
conditional terms, then it must be complied whenever it (condition)
occurs (Ref. The Quran 5:7). When a command is dependent on a
cause or attribute, it must be fulfilled whenever the cause is
present (Ref. Quran 17:18).
As regard
immediate or delayed execution of an Amr, it depends on the
text and its indications. If the command does not itself specifies
time limit (such as the times of prayers), it may be delayed. As
regards whether the command implies the prohibition (Nahy) of
the opposite, the majority thinks so.
Prohibition (Nahy) is the opposite of command. It is a demand
to avoid doing of something. Prohibition may occur in the form
of a statement (ref. Quran 2 : 221) or in the form of an order not to
do something (62 : 9; 22 : 30). Nahy may convey
Tahrim (total prohibition) or guidance (irshad) or
reprimand (tadib). Nahy which implies reprehension may
be seen in Quran 5 : 87. Nahy which conveys moral guidance may
be seen in Quran 5 : 104. Majority hold that Nahy primarily
implies Tahrim, if there is no other indication to think
otherwise.
If the act (other
than Ibadat) is not prohibited in itself but becomes prohibited
because of an extraneous reason, it is Batil (void)
according to Shaffi's and Fasid according to Hanafii's. Batil
means, it can not be corrected (there are many instances where
marriage becomes Fasid according to some scholars and
Batil according to other scholars - so is the case of many
business transactions - see a book on marriage or on business in
Islamic Law). The position is different about Ibadat
(devotional matters). The Fasid here is equaivalent to Batil.
In other words, there is only Batil, not Fasid in the
area.
Prohibition requires immediate
and repeated compliance, whenever the prohibition is applicable. If
the prohibition is conditional, it will be applicable where the
condition is present (Ref. Quran 60 : 10). When a prohibition
succeeds a command, it conveys Tahrim (illegality).
Explicit (Sarih) injunctions
(whether Amr or Nahy) require total compliance. However, the
spirit of the Law should also be kept in view, not only letters (as
for instance in "Fasawila zikrillah" in Quran 62 :
9). Implicit injunctions, unless made explicit elsewhere,
can be understood by scholars and they may differ therein. The
means which lead to observance of command or prohibition are covered
by the same ruling which applies to commands and prohibitions.
Only a small portion of Nasus (texts) gives precise meaning.
The larger portion of Nasus have to be interpreted by Mujtahid
or scholars in the light of the general principles and objectives of
Shariah.
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* Former Secretary, Govt. of Bangladesh
and Adviser, Bangladesh Institute of Islamic Thought
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