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Chao Zheng (Justin,Dwood)

Conclusion for terms used in Fiqh--legal insight from English (Germanic) & Romantic world


Deeply I realize that the language in largest degree determine our mental recognition through manner of narration or determination. By narration, it helps to manifest correlation and transition between knowledge and the sin, with analogy; by determination, it helps to find solidification between condemnation and sin to reach the crime in real terms in human society and its measurement.

Since the Soul would never bear entirely something that is only metaphysical or philosophical if he did not watch his prayer properly, then there comes as tears for the fall of the perfections, it is indeed depressions and distress; Constructional legal expression helps to condemn through each terms of use, imperfectly derived from the origin (holy scriptures), pleading one's guilty sensation and realization through persecution (repentance), there comes as tears, it is indeed repentance and release.

By inserting some insight from Legal terms in English (Germanic) and romantic legal maxims, I came up with conclusion as below towards the Fiqh terms for measurement.

  • FARDH:

This obligation is a must in observation, conditioned on the excuse and exemption from the Hadith.

such as insanity, disabled or any excuses potentially valid from Quran or Hadith

  • Fardh ul Ain-

Every responsibly person has been against by this ruling, which would not be reduced by few individual's observation in such obligation; which means that this obligation is not representative

The obligation is onto observation, excuse as condition,

Ignorance leads to transgression, but rejection will be titled as disbeliever

  • Fardh ul Kifayah-

it is regarded that responsible person for the ruling that might be excused the conduct (some not every responsible person) of the community, such as commanding the good, forbidding the evil

  • WAJIB

It is same that the obligation is into observation, excuse as condition, the difference is that ignorance leads to transgression, but rejection wont be titled as disbeliever

  • Sunnatul Muakkada:

This sort of conduct is continuous, through guided successors until it would be abandoned with a rational excuse.

assumption, the condition of the excuse might be from the content of the cause of the conduct itself

Roman legal maxims, the dismissed law would be in the way it formed.

the absence of observation of such conduct is not against one's era for responding its admonishment.

but habitually neglecting of such conduct or obligation, would be rendered a transgressor, it would be deprived of the of prophet intercession.

hence, the condition is deliberately, habitually ignorance

in conclusion, such conduct would not be admonished due to the absence of the observation itself in each era, but it only would be abandoned by sounded consciousness in reason towards its cause of conduct.

  • Sunnatu-Ghairi-Muakkada: / MUSTAHAB-

extra reward would be endowed by those who hold such observation towards such rare and non regular practice from the prophet (peace be upon).

its validation of benefits would not be admonished due to the absence of such observation.

  • HARAM

solidification of the evidence has been established in order to be against observation and conformity in prohibition.

towards such prohibition, the violation leads to transgression, the rejection leads to disbelieving.

  • MAKROOH-UT-TAHREEM

the condition is the degree of ambiguity and doubt, derived from the source that has not been sufficiently solidified towards the evidence of such derived prohibition,

One who rejects will lead to transgression.

  • MAKROOH-UT-TANZEEM

at least concern on such evidence of the prohibition, one would rewarded towards his obligation. one's ignorance would not be forceful for warning

  • MUBAH : neuturlity and there is no affection by intention and actions such as conformation or violation.

  • BIDAH-

The Reason might cause a abandonment towards the succession of the conduct through the cause of its formation, but in contrast, the practice which has not been observed by Prophet nor the Sahabah and Tabieen, which might be set up for the intention of the seeking the rewards in this condition.


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