Solemnisation of marriage

The legal and moral regulations governing human behaviour

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IN the name of Allah, Most Gracious, Most Merciful.

Islam is a universal religion that is known for structuring the life of man through divine guidance as provided in the Noble Qur’an.

The commands of Allah (SWT) known as ‘Ahkam’ are the ruling values in accordance with the Islamic laws. There are five categories of the ruling values, to which Muslims are morally and legally obligated. The first one is wajib (compulsory), followed by mustahab (desirable but not compulsory); another one is muharram (forbidden and prohibited); the next one is makruh (disliked but not forbidden); and halal (lawful and allowed by Allah SWT).

Allah (SWT) says: “And there is (a saving of) life for you in Al-Qisas (the Law of Equality in punishment), O men of understanding, that you may become Al-Muttaqun (the pious).” Surah Al-Baqarah, Qur’an 2:179. He also says: “This is the Book (the Qur’an), whereof there is no doubt, a guidance to those who are Al-Muttaqun (the pious believers of Islamic Monotheism who fear Allah much (abstain from all kinds of sins and evil deeds which He has forbidden) and love Allah much (perform all kinds of good deeds which He has ordained)].” Surah Al-Baqarah, Qur’an 2:2.

Rules and regulations are very beneficial to human life, but if they are not enforced, they are seldom obeyed. Ahkam has got to do with the behaviour of humans in their relationship with Allah (SWT). The ruling values of behaviour and moral responsibilities cum legal obligations are derived from two sources: the Qur’an and the Hadith (the tradition) of the Prophet (SAW). These rules and regulations command either permission or prohibition. They are either in the form of a request or a demand (talab) to do things, or a demand to avoid doing a particular thing. This demand might be in the form of a binding obligation, or in a form of giving choices, as could be found in examples from the Noble Qur’an and Hadith.

Ahkam, the legal regulations, can give the believer the freedom of choice in making a decision as to whether to do a particular thing or not, without giving specific preference to the choice made by the believer. This is called takhieer in Arabic. Hukm (the singular form of Ahkam) can also be in the form of making one thing as a cause of the other or its condition or prevention. For example, in the following ayat, there are Ahkam of prohibition: “O you believe! Enter not houses other than your own, until you have asked permission and greeted those in them; that is better for you, in order that you may remember.” Surah An-Nur, Qur’an 17:32.

Hukm is the legal command establishing what is prohibited and what is not. For example, the following verse is not a hukm; it is only a description about natural phenomenon: “It is not for the sun to overtake the moon, nor does the night outstrip the day. They all float, each in an orbit.” Surah Ya-Sin, Qur’an 36:40.

However, the next verse is hukm because it regulates something, making it forbidden and obligatory on every Muslim to avoid: “O you who believe! Intoxicants (all kinds of alcoholic drinks), and gambling, and Al-Ansab, and Al-Azlam (arrows for seeking luck or decision) are abominations of Shaitan’s (Satan’s) handiwork. So, avoid (strictly all) that (abominations) in order that you may be successful.” Surah Al-Ma’idah, Qur’an 5:90.

Now, who is legally and morally obligated? Every Muslim, male or female, who has reached the age of puberty and is mentally alert, is deemed to be obligated to follow the commands of Allah (SWT). In one of the often-quoted authentic Hadiths, Prophet Muhammad (SAW) said: “Allah’s command excludes those who are asleep till they wake up, and the young until reaching puberty, and the insane till they become mentally competent.” Thus, there are three requirements for legal obligation and moral responsibility: Islam, which excludes non-Muslims; maturity (having reached puberty): which excludes infants, babies, and children; and sound rationality which consists of two parts. First is consciousness which excludes people in sleep, anesthetic, comatose people, and the like. Mental competence is the second part and excludes the insane, mentally ill and other similar cases.

All the commands of Allah (SWT) to humans are within the realm of human capability and capacity. There is not a single command in the Qur’an that humans cannot carry out or perform. “Allah burdens not a person beyond his scope. He gets reward for that (good) which he has earned, and he is punished for that (evil) which he has earned…..” Surah Al-Baqarah, Qur’an 2:286. In Islam, the rulings in regard to all human behaviour are regulated by Allah SWT.

However, wajeeb or fardh are required and obligatory duties of Muslims. This includes obligations such as daily prayers, fasting, etc, which are obligatory on every Muslim, male or female, who has fulfilled the requirements of takleef, the ability to do them. The requirements of takleef that every Muslim should fulfill in order to perform these obligations are, first, being mature by reaching the age of puberty (children are not obligated in Islam, but they are encouraged). Second, by having sound reasoning (insane, comatose people, or people in a similar unconscious states are not obligated). This type of required behaviour is binding and it is established in the Noble Qur’an and Sunnah of the Prophet (SAW). The performance of wajeeb or fardh acts is rewarded. According to the Qur’an and the Hadith of the Prophet (SAW), if a Muslim neglects performing these required behaviours, they would be punished both in this world and the Hereafter.

Fardhu ‘Ayn means individual or personal duties that every Muslim is responsible to discharge. Each Muslim is responsible for their own prayers, almsgiving and fasting and are held individually accountable for their discharge. Fardhu kifaya are collective duties such as attendance of funeral prayers and commanding good and forbidding evil. If some members of the community did this fardh in a way that fulfills the goal, then it is no longer obligatory on the rest of the community to do it and they are absolved from this duty. Those who perform this duty are the ones who are rewarded. But if no one achieves this fardh, then the whole community is held accountable.

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