Questions concerning Usool Al-Fiqh

[Asma Q.]

A few of us from mtl were having a study session, on friday for the Usool Al-Fiqh class. Anyway it went pretty well alhamdulillah. But there were a few questions that came up.



1) It's said there are two types of Waajibat. One due to Allah (subhanahu wa ta'ala) and the other due to others. So from the wajibaat due To Allah (subhanahu wa ta'ala), there is one, which are punishments like the hudood punishment. And from the wajibaat due to others, there’s punishment for false accusation of zina or stealing an orphan’s property….



Now the question is….what is the difference between both punishments? How is one due to Allah (subhanahu wa ta’ala) and how is the second due to others? Just a little confusing



2) It is said that even the same Fard item can fluctuate in accordance to how it is performed. An example that’s given is that to give sadaqah to a stranger is not as virtuous as giving to a needy family member who is an orphan, a young girl who if left without this charity will become very ill.



The first question to this:
Is sadaqah fard? Because we all thought that it was mustahab. And the example given was to show that a fard act can fluctuate.



Second question:
If it is fard, then is it fard ‘Ghayr Muqaddar (untailored fard)?

[Hassan Jan]

Question one, the hudood all of them is the right of Allah, and it is upon the community to fulfill them. What might seem confusing is his explanation as to why these hudood take place, in commiting zinaa you're breaking one of the commandments of Allah and thus both parties are punished, so it is due to the breaking of the commandment of Allah from both parties that they are punished. As for stealing from the orphan, then one person is breaking the commandment and one is being oppressed, so the commandment of Allah is being broken as well as a person is having is right snatched and thus the hudood are implemented on one person and not both parties involved.

As for the second question, sadaqah at times can be used as a synonym for zakat. This can be seen in the famous ayah in surah tawbah "Innamas Sadaqaatu lil fuqaraa wal masakeen...." and in the famous hadeeth of Mu'aadh "Inna Allaha iftarada 'alaihim sadaqatan tu'khadu min agniyaahim wa turaddu fee fuqaaraaihim." In both of these texts, the word sadaqah is means zakaat and thats what was being referred to in class. As a general rule sadaqah is mustahabb and is not waajib, but zakat is wajib.

and Allah (SWT) knows best

[Muhammad Alshareef]

Wajib due to Allah 'only' is like the prohibition of drinking alcohol (something that for most cases just concerns that one person)

Wajib due to Allah AND THEN to others, such as stealing. Between a human and Allah, they are not allowed to steal. BUT, if they steal, they have also harmed another human.

There are different principles based on this indicator. For example, forgiveness is more appropriate in the first, whereas in the second it has more serious dunya consequences.

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Q2: just correct the example by replacing Sadaqah with Zakah. Solved.

wAllahu 'alam.

[isramiraj]

Asslamalaikum,

Is the category of wajib taken in the Shafi' school? As far as I know the Hanafis have this category.

[Sara Saker]

Assalamu 'alaikoum,

I have a question regarding fard kifaaya.

If a Muslim is already fulfilling a fard kifaaya, is he/she responsible [i.e. blameworthy or sinful] for the other fard kifaaya's that are NOT being fulfilled?

[Also, can a Muslim be fulfilling more than one fard kifaaya at the same time?]

Jazakum Allaahu khairan in advance, assalamu 'alaikoum.