Disadvantages Of Declaratory Law

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Islamic laws (Shariah rulings) may be classified into two, which are taklifi (mandatory law) and wad’i (declaratory law). Laws which define the characteristics of a man’s acts, namely whether they are obligatory, recommended, permissible, reprehensible or prohibited or which indicate the legal effects of an act are called mandatory laws. There are five Shariah rulings (hukm Shariah) that are applicable in determining whether a particular action is permissible or not according to Shariah. These are wajib, mandub, mubah, makruh and haram. On the other hand, the declaratory law indicate the components of mandatory laws, namely whether certain facts are the causes, conditions or constituents of certain commands. A declaratory law is useful in differentiating the cause, condition or hindrance for an act, or which states whether an act is valid or void, or whether it is allowed by concession or in its entirety. The declaratory law is subdivided into five: sabab (cause), shart (condition), man 'i (hindrance), azimah (strict law) and sahih (valid).

The Shariah ruling for any particular transaction or action will be determined by the fuqaha through the process of ijtihad. By referring to the primary sources of Shariah, the Holy Quran and the Prophetic Sunnah, the fuqaha shall deliberate a suitable hukm Shariah for the particular issue.

Both of these scriptures are the main source of reference due to their divine nature as they both came directly from Allah The Almighty. In

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