Commands Commands and Prohibitionsand Prohibitions

Chapter 6Chapter 6

Lesson eightLesson eight

CommandsProhibitionsThe Value of Legal Injunctions

 

Commands and ProhibitionsThe language of the Quran (and the Sunnah)

differs from that of modern statues in that Quranic legislation is not confined to commands and prohibitions and their consequences.

Commands and prohibitions in the Quran occur in a variety of forms. While in injunction is normally expected to be in the imperative mood, there are occasions when a simple past is used as a substitute. For example, ‘retaliation is prescribed for you in cases of murder’

وا ن,+ آ.م. ذ3ين. ال,5 ا .ي9ه,. أ ت@ل.ى ك+ت3ب.ي.ا ال@ق. ف3ي اص+ ص,. ال@ق3 178 ع.ل.ي@ك+م+ al-baqarah

Injunctions are conveyed in the present participle For example, the text which reads: ‘And .(المض,ارع)mothers shall suckle [يرض,عن] their children for two whole years [that is] for one who desires to complete the time of suckling.

Quranic injunction may occur in the form of a moral condemnation of a certain form of conduct ,’ It is no virtue to enter houses from the back ’ (al-Baqarah, 2:189).

@ت+وا أ و. ى ات5ق. م.ن3 ال@ب3ر5 ل.ك3ن5 و. ا ور3ه. ظ+ه+ م3ن@ ال@ب+ي+وت. @ت+وا ت.أ ب3أ.ن@ ال@ب3ر9 ل.ي@س. و.ون. ل3ح+ ت+ف@ ل.ع.ل5ك+م@ الل5ه. وا ات5ق+ و. ا اب3ه. .ب@و. أ م3ن@ ال@ب+ي+وت.

Quranic command or prohibition may be conveyed in the form of an allusion to the consequences of a form of conduct. For example, after expounding the rules of inheritance in sura al-Nisa the text goes on to promise to those who observe them a reward, and warns violators of a punishment.

ا ت3ه. ت.ح@ م3ن@ ر3ي ت.ج@ mن5ات ج. ل@ه+ ي+د@خ3 ول.ه+ س+ و.ر. الل5ه. ي+ط3ع3 و.م.ن@ الل5ه3 د+ود+ ح+ ت3ل@ك.( ال@ع.ظ3يم+ ز+ و@ ال@ف. ذ.ل3ك. و. ا يه. ف3 ال3د3ين. خ. ار+ .ن@ه. الل5ه.( 13األ@ ي.ع@ص3 و.م.ن@

ين{ ه3 م+ ع.ذ.اب{ ل.ه+ و. ا يه. ف3 ال3د�ا خ. ا ن.ار� ل@ه+ ي+د@خ3 د+ود.ه+ ح+ ي.ت.ع.د5 و. ول.ه+ س+ و.ر.

I. Commands

A command proper (ام,,ر) is defined as a verbal demand to do something issued from a position of superiority over those inferior.

Since a verbal command can be different things, namely an obligatory order, a mere recommendation, or even permissibility.

Some have held the view that amr is in the nature of a homonym (مش,ترك) which imparts all of these meanings. Others have held that amr partakes of only two of these concepts, obligation and recommendation.

Others have held that amr implies a permission to do something and that this is the widest meaning of amr

According to the majority opinion, however, a command by itself, that is, when it is not attended by clues or circumstances that might give it a particular meaning, implies obligation or an emphatic demand, when we read in the Quran commands such as kulu wa-shrabu(‘eat and drink’),they amount to no more than permissibility.

Similarly, the Quranic permission in respect of hunting after the completion of hajj, and to ‘scatter in the land’ after performing the Friday prayers.

A command may likewise convey a recommendation, for example, the Quranic command that requires the documentation of loans: ‘When you give or take a loan for a fixed period, write it down’ 2:282

The majority of ulama have held the same view regarding the requirement of witnesses in commercial contracts. ‘Whenever you enter a contract of sale, let it be witnessed and let neither the scribe nor the witness suffer harm.

A command may, according to the indications provided by the context and circumstances, imply a threat, such as the Quranic address to unbelievers: ‘ Do what you wish ’ (Fussilat,41;40)

ير{ ب.ص3 ل+ون. ت.ع@م. ا ب3م. 3ن5ه+ إ ئ@ت+م@ ش3 م.ا ل+وا اع@م.

A command may similarly imply contempt (اهانة), such as the Quranic address to the unbelievers on the Day of Judgement: ‘ Taste [the torture], you mighty and honorable! ’ .ن@ت. أ 3ن5ك. إ ذ+ق@

)49(ال@ك.ر3يم+ ; ال@ع.ز3يز+

The nature of a command which follows a prohibition ( الحظر بعد (األمر

The majority of ulamaa have held the view that a command following a prohibition means possibility, not obligation.

The permission to hunt following its prohibition during hajj; to conduct trade following its prohibition at the time of the Friday prayers.

In the Sunnah: ‘ I had forbidden you from visiting graves. Nay, visit then, for it reminds you of the hereafter.’

The Hanafis have taken the view that a command following a prohibition conveys an obligation.

Some Hanbali uluma, and also the Hanafi scholar Kamal ibn al-Humam, have held that a command following a prohibition removes the prohibition and the matter is consequently restored to its original state, that is, the state in which it was a prior to the prohibition

The next question that arises in this connection is whether a command requires a single compliance or repetition. According to the majority view, indications might specify that repeated performance is required. However, in the absence of such indications, a single instance of performance is the minimum requirement.

Among the indications is when a command is issued in conditional terms, ‘ If you are impure than clean yourselves

وا ر+ اط5ه5 ف. ن+ب�ا ج+ ك+ن@ت+م@ إ3ن@ و.

Similarly, when a command is dependent on a cause or an attribute, then it must be fulfilled whenever the cause or the attribute is present, ‘ Perform the salah at the decline of the sun ’ 3م أ.ق3

آ.ن. ر@ ق+ إ3ن5 ر3 ج@ ال@ف. آ.ن. ر@ و.ق+ الل5ي@ل3 ق3 غ.س. إ3ل.ى م@س3 الش5 ل3د+ل+وك3 ة. ال. الص5ود�ا ) ه+ م.ش,@ ك,.ان. ر3 ج,@ (17-78ا,ل@ف.

Some Shafis scholars and the majority of Hanbalis are of the view that a command requires sustained repetition throughout the lifetime of its audience unless there is evidence to suggest otherwise.

When the Prophet addressed the people and said that ‘ God has prescribed the hajj ‘A man then asked the question ‘ Is it every year?’ From this argument it has been advanced that the man who asked the question evidently knew the Arabic language and if a command did not require repetition he would not have asked the question in the first place. This is, however, considered to be rather weak argument.

As for the question of whether a command requires immediate or delayed performance, must be determined in the light of indications and surrounding circumstances.

If a command were to require immediate execution then the word ‘now’ in the order would be superfluous.

The time limit may be strict مض,يقor it may be flexible If it is flexible, like the command to perform the . موس,عobligatory salah, then performance may be delayed, if the command itself specifies no time limit, such as the order to perform an expiation (الكف,ارة), then execution may be delayed indefinitely within the expected limits of one’s lifetime. However, given the uncertainty of the time of one’s death, an early performance is recommended.

Whether a command to do something implies the prohibition of its opposite. According to the majority view, a command to do something does imply the prohibition of its opposite.

However, some ulama, including ابن , الغزالى, الجوينى have held that a command does ,المعتزل,ة and theالح,اجبnot imply the prohibition of its opposite.

There are those who maintain that the exact opposite of a command has to be determined by looking at the command itself would be an abomination (الكراهي,,ة) if the command only conveyed a recommendation (الن,دب). According to yet another view, the ruling here is confined to the imperative command.

The other limb of this equations also generally upheld in that prohibition not to do something conveys in the meantime a command in respect of doing the same.

The Quranic ayah (al-Baqarah, 2.228) concerning divorced women that ‘it is not lawful for them to conceal what God has created in their wombs’ conveys in the meantime a command that they should reveal the facts of their pregnancy.

ن5 ه3 ام3 ح. ر@أ. ف3ي الل5ه+ ل.ق. خ. ا م. ي.ك@ت+م@ن. أ.ن@ ن5 ل.ه+ ل9 ي.ح3 و.ال.

II. ProhibitionsProhibition (النهى) , is defined as a word or

words which demand the avoidance of doing something addressed from a position of superiority

The typical form of a prohibitory order in Arabic is that of a negative command beginning with ال such as التفعل (do not).

A prohibition may be expounded in a statement ( خبري,ة Prohibited to you‘ ,(جمل,ةare the flesh of dead corpses and blood’

ل3غ.ي@ر3 أ+ه3ل5 ا و.م. ن@ز3ير3 ال@خ3 م+ ل.ح@ و. الد5م+ و. ي@ت.ة+ ال@م. ع.ل.ي@ك+م+ م.ت@ ر� ح+— المائدة ب3ه3 3الل5ه3

or in the form of a present participle, God ‘forbids immorality and evil’ (al-Nahl, 16.90)

ال@ب.غ@ي3 و. ن@ك.ر3 ال@م+ و. اء3 ش. ح@ ال@ف. ع.ن3 ي.ن@ه.ى و.

A prohibition is also conveyed by denial of permissibility ( الح,,ل When he ‘ ,(نفىdivorces her [three times] she is no longer lawful for him unless she marries another man ’2-230

ا ه. ط.ل5ق. إ3ن@ ل.ه+ ف. ل9 ت.ح3 ال. ه+ ف. غ.ي@ر. ا و@ج� ز. ت.ن@ك3ح. ت5ى ح. ب.ع@د+ م3ن@

A prohibition may sometimes occur in the form of a command which requires the avoidance of something, (‘abandon sale’).

ا ع.و@ اس@ ف. ع.ة3 م+ ال@ج+ ي.و@م3 م3ن@ ة3 ال. ل3لص5 ن+ود3ي. إ3ذ.ا ن+وا آ.م. ال5ذ3ين. ا .ي9ه. أ ي.ا- الجمعة وا ذ.ر+ و. الل5ه3 ذ3ك@ر3 ال@ب.ي@ع.(. 9إ3ل.ى

A prohibition, like a command, may convey a variety of meanings. Although the primary meaning of nahy is illegality, or tahrim, nahy is also used to imply mere reprehension (الكراهي,ة), or guidance (ارش,,اد), or reprimand (ت,,أديب), or supplications (دعاء).

An example of nahy which implies reprehension ‘prohibit not [ تحرموا the [الgood things that God has made lawful to you’

Nahy which conveys moral guidance, ’ask not questions about things which, if made plain to you, may cause you trouble’.

Nahy which implies a threat is a master tells his disobedient servant: ‘Don’t follow what I say and you will see’.

Since nahy can convey several meanings, the majority (الجمهور) of ulama have held the view that nahy primarily implies tahrim, unless there are indications to suggest otherwise.

III. The Value of Legal Injunctions

The prohibition does not produce any rights or legal effects whatsoever. Hence no right of paternity is established through zina

If the object of prohibition is an act, and it is prohibited owning to an irrelevant attribute rather than the essence of the act itself, such as fasting on the day of id, then the act is null and void according to the Shafi is but is irregular (باطل) .according to the Hanafis (فاسد)

Hanafis consider such acts to be defective and must be dissolved by means of annulment (faskh), or rectified if possible.

The position is, however, different with regard to devotional matters (عب,ادات) whose purpose is seeking the pleasure of God. The fasid in this context is equivalent to batil. Hence there is no merit to be gained by fasting on the day of id, nor will it be taken into account in compensation to the fasting owed by the mukallaf.

With regard to مع,امالت, if the prohibition is due to an external factor, such as a sale concluded at the time of the Friday prayer, the majority maintains that all the legal consequences will follow from the prohibited act.

As already stated, a command that succeeds a prohibition conveys permissibility only. The position is once again different with regard to a prohibition: whenever a prohibition succeeds a command, it conveys illegality or tahrim, not mere permissibility.

As for the question of whether a prohibition requires both immediate as well as repeated compliance, the ulama are generally in agreement that it does.

Explicit commands and prohibitions require total obedience without any allowance for individual circumstances and regardless of whether they are found to be rational or not, for it is in the essence of devotion that obedience does not depend on (عب,ادة)the rationality or otherwise of an injunction,

whether one should adopt a literal approach to the enforcement of commands and prohibitions. For example, the hadith which provides that the owners of livestock must give ‘one in forty sheep’ in zakah:22 should this provision be followed literally, or could we say that the equivalent price of one.

إذا إال القيمة إلى الشارع فرضه عما نعدل أن يجوز اليختار بحيث للفقير مصلحة أو ملحة حاجة هناك كان

العين على القيمة

Another question is related to the means that lead to the performance of a command, or the avoidance of a prohibition. The question is whether the means should also be covered by the rules that regulate their ends. The answer to this question is in the affirmative.

This is indicated by the legal maxim ‘ What is essential for the completion of a wajib itself becomes a wajib ’, the means to a wajib may be the subject matter of a separate command. An example of this is ablution (وضوء).

The value (الحكم) of a command, attention is paid not only to the grammatical form of the words in which it is conveyed, but also to the general objectives of the law.

A mujtahid who deduces the law from a given text must be adequately familiar with the language of the Qur'an and must know that the ahkam are not only expressed in the imperative but that a praise or a promise of reward may in effect be equivalent to a command.

Similarly, a mere denunciation, a threat of punishment in the hereafter, or a reference to the adverse consequences of a form of conduct, may be equivalent to a prohibition.