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الواجب المرتب وعلاقته بمقاصد الشريعة الإسلامية

المصدر: مجلة دار الإفتاء المصرية
الناشر: دار الافتاء المصرية
المؤلف الرئيسي: العتيبي، غازي بن مرشد بن خلف (مؤلف)
المجلد/العدد: ع 11
محكمة: نعم
الدولة: مصر
التاريخ الميلادي: 2012
التاريخ الهجري: 1433
الشهر: صفر - يناير
الصفحات: 10 - 45
رقم MD: 207594
نوع المحتوى: بحوث ومقالات
قواعد المعلومات: IslamicInfo
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المستخلص: This paper explores al-wajib al-murattab and its relation to the objectives of Islamic law. Al-wajib al-murattab is an act enjoined by the Lawgiver, the execution of which includes various alternatives depending upon various circumstances such that delaying or advancing their performance does not fulfill the obligation. Al-wajib al-murattab is divided into several categories which are, in turn, based on several considerations. These include: Following a fixed order of precedence of predetermined alternatives [according to one>s capability] ex. the expiation for zihar. The freedom to choose between predetermined alternatives such as in the expiation for breaking an oath. The necessity of performing the first alternative such as the expiation for involuntary manslaughter. The first alternative consists of freeing a slave, though if unable, the performer may move on to the next alternative of fasting. If he is subsequently able to free a slave, then he is free to choose between the two alternatives. The paper discusses another category of al-wajib al- murattab mentioned by Ar-Razi, which is based on joining the various features of an act of worship and whether this is forbidden, permissible, or recommended. Scholars of Islamic legal methodology have differed on this division. Some scholars, such as Al-Baidawi and Ibn al-Subki, approved of it while others, such as Sheikh Al-Muti>i, repudiated it, maintaining that it is of no benefit. This is the dominant opinion. Another consideration is the obligatoriness of performing all or some of the features of an act of worship and its categories include: - An act of worship consisting of features following a fixed order of precedence such as in ablution. - An act of worship consisting of alternatives in a fixed order of precedence such as slaughtering a hady in hajj tamattu> (performing <umra before hajj), followed by the alternative of fasting ten days for whoever is able to find one. The most important difference between al-wajib al- murattab and al-wajib al-mukhayyar (acts in which one is free to choose from among predetermined alternatives) is that in the latter, it is permissible to choose from among various alternatives while in the former, one can only refrain from one alternative and perform the next when incapable of its performance. Al-wajib al-murattab may include substitutive alternatives such as tayammum (dry ablution) which is an alternative for purification with water, and non-substitutive features such as the integrals of prayer. Substitutive alternatives may either follow a fixed order of precedence such as in tayammum while others include the freedom to choose from certain predetermined alternatives such as in kaffarat ul-yamin (expiation for breaking an oath). These two categories share both common and unique features. The Law givens command may pertain to all acts involving wajib murattab such as in ablution, prayer, stoning, etc ... or to a single feature of alternatives following a fixed order of precedence based on the performer>s capability i.e. if the performer is capable of performing the first predetermined alternative, then it is that act which is meant by the command. If not, he is to perform the next alternative and so on. There are certain means which a mujtahid must be aware of to differentiate between al-wajib al-murattab and other similar acts. These include: the mention of the order of precedence; conditionals; the sunnah (way of the Prophet); ijma> (scholarly consensus); qiyas (analogical deduction); the Lawgivers purpose; the separation between the similar elements of an act of worship by a different interposable element of the same act of worship (denoting the necessity of following the mentioned order); and particles such as <before>, (after, <hence>, and <then> (qabl, ba>d, thumma, fa'). The legal principle states that the original presumption is freedom from liability. Therefore, if an injunction may be simultaneously interpreted to convey more than one order state i.e. it can be either performed in a fixed order of precedence or includes the freedom to choose between predetermined alternatives, then it is the latter that is meant as the former involves greater taklif (moral responsibility). It follows that a fixed order of precedence is only obligatory in the existence of evidence. Acts entailing wajib murattab are closely linked to the objectives of Islamic law in that the latter are themselves arranged in a fixed order of precedence. Moreover, the fact that there is an order of precedence to obligatory acts reflects facilitation for the morally responsible person: whoever is incapable of performing the first predetermined alternative may perform the next. This also reflects the objective of worship and obedience of Allah by choosing from the Divinely designed alternatives. The objectives of Islamic law are from among the tools through which it is possible to identify acts entailing wajib murattab

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