The Philosophy of "Al-Taklif'' in Islamic Law

Authors

DOI:

https://doi.org/10.63226/iisj.v7i1.4366

Keywords:

Religious Obligation – Sharia Ruling – Hardship – Requirement – Ability.

Abstract

The study “Al-Taklif  " explores the concept of obligation as a fundamental principle and driving force in Islamic jurisprudence. It investigates the basis, dimensions and rules of obligation in Islamic law, and examines the legal principles and considerations to be taken into account when applying obligations in reality. The study addresses the essence of obligation, its conditions and dimensions, based on the philosophy of Islamic legislation. The study combines the traditional and analytical approaches and draws conclusions by extracting the governing rules of issues studied after analysis. The study concludes that obligation is based on two basic conditions, which are intention and ability. If either one is lacking, obligation is not possible and becomes impossible. In light of the required intention and ability in obligation, obligations are classified as either demanded by Islamic request or not. The non-demanded obligations may be due to their impracticality, excessive difficulty, or being based on something that does not actually exist or requires specific conditions to be fulfilled. Obligation also has a social and cultural dimension that is crucial to shaping the human society and order. Obligation plays a great role in adapting to human nature and promoting necessary obligations.

Author Biographies

Mona Farouk Mohammed Ahmed Mousa, Qatar University

PhD Student at the Department of Fiqh and Usul Al-Fiqh, Qatar University

Saleh Qader Al-Zanki, Qatar University

Professor and Department Head of Fiqh and Usul Al-Fiqh, Qatar University

Published

2023-03-22

How to Cite

Mousa, M. F. M. A., & Al-Zanki, S. Q. (2023). The Philosophy of "Al-Taklif’’ in Islamic Law. International Islamic Sciences Journal, 153–174. https://doi.org/10.63226/iisj.v7i1.4366