Al-Hukm al-Shari

Definition
Al-hukm, literally means prevention, decision, judgement, verdict, legal value and rule of law. Al-Shari stands for shariah and divine basis. Definition: A communication (khitab) from Allah the Exalted concerning the conduct of people who are subject to law (mukallafin) by way of demanding them (iqtida/talab) to do or not to do an act, or giving them an option (takhyir) for its performance or declaring (al-wadi) a thing to be a cause, condition or impediment of a command. The definition shows that the hukm or the rule of law is from Allah (al-Hakim) not from anyone else; the communication is related to the acts of the mukallaf ; and the hukm may be expressed through a demand either by commission or omission.

Pillars of Hukm Shari

Hukm Shar'i

Al-Hakim

Al-Mahkum alayhi The Mukallaf

Al-Mahkum fihi/bihi The act on which the hukm operates

Demand
A demand (al-ta1ab, or iqtida) is usually communicated in the form of either a command or a prohibition. The former demands that the mukallaf do something, whereas the latter requires him to avoid doing something. A demand may either be binding, which leaves the mukallaf with no choice but to conform, or may not be binding.

Demand (talab/iqtida) Commission (al-fil) Omission (al-tark)

Binding (al-jazm)

Non-binding (ghayr al-jazm)

Binding (jazm)

Non-binding (ghayr

al-jazm)

Obligation (wajib)

Recommendation/ mandub

Prohibition (haram)

Disapproval (makruh)

Option
The option (takhyir), on the other hand, is a variety of hukm shari which leaves the individual at liberty either to do or to avoid doing something. Al- hukm of this kind is commonly known as mubah (permissible).

Declaration
A declaration/enactment (wadi) is neither a demand nor an option, but an objective exposition of the law which enacts something as a cause (sabab) or a condition (shart) of obtaining something else; or it may be conveyed in the form of a hindrance (mani) that might operate as an obstacle against obtaining it.

DECLARATION

Cause

Condition

Obstacle

Examples
To give some examples, the Quranic command which addresses the believers to fulfil your contracts (alMaidah, 5:1) is a demand from the Lawgiver addressed to the mukallaf which conveys an obligation. A demand addressed to the mukallaf which conveys a prohibition may be illustrated by reference to the Quranic text which provides: 0 you believers, let not some people ridicule others, for it is possible that the latter are better than the former (alujurat, 49:11). To illustrate al- hukm which conveys an option, we refer to the Quranic text which permits the believers to hunt when you have come out of the state of ihram (sacred state entered into for the purpose of performing the hajj or pilgrimage) (al-Maidah, 5:2).

 Another Quranic text which consists of an option occurs in Surah al-Baqarah (1:229) which provides: If you fear that they [i.e. the spouses] would be unable to observe the limits set by God, then there would be no sin on them if she gives a consideration for her freedom. The married couple are thus given the choice to incur a divorce by mutual consent, known as khul, if they so wish, but they are under no obligation if they do not. Lastly, to illustrate al-hukm which consists of a declaration/ enactment (wadi) we may refer to the hadith which provides that the killer does not inherit. This is a speech of the Lawgiver concerning the conduct of the mukallaf which is neither a demand nor an option but an objective ruling of the law that envisages a certain eventuality.

Taklifi & Wadi

In brief, al-hukm al-shari is a name given to the shariah norms, values and principles which are designed to govern the Muslims behaviour as willed by Allah Almighty. If we separate demands and options from declaratory communications, we have two main categories for the hukm. The First is called the hukm taklifi or the obligation-creating hukm. The second category is called the hukm wadi or the declaratory hukm.