The Discussion On Making Rulings Mukallaf

Every Level Of Intelligence Is Not Sufficient For Takleef (Refers To Persons Being Bound To The Shari'ah)

My opinion is that besides a soul, animals have intelligence also, because the actions of some animals are such that one is constrained to accede to this fact. But this does not make them mukallif because any level of intelligence is not sufficient to make Shar`i obligations binding. Just see, an almost mature person (muraahiq), does have a certain level of intelligence but he/she does not become mukallif. So even if we assume that animals have that much intelligence, then too there can be no objection to it (that why they are not mukallif. From this we can see why some Majzubeen who have an outward semblance of some intelligence, carry out such actions and state such utterances which conflict with the Shariah. They cannot be called kaafir, because it is possible that they have only that much intelligence as the muraahiq. Hence, they will not be considered as mukallif. If we exceed the discussion on animals and venture onto vegetation, there too, we can see some (albeit minimal) signs of intelligence.

You may be bewildered that some people nowadays make the claim that plants have a soul, whereas some of the ancient philosophers also held this view. We cannot now refute their claim. It is possible that inanimate objects also have a soul and intellect, although it may be even lesser than that of plants. Therefore it is possible that inanimate objects can also talk. Those Ahaadith which mention the testimony given by stones and trees, corroborates this view.

Three Categories Of People Insofar As Their Being Mukallif

There are three categories of people, one is with total intelligence, another with deficient intelligence and the third with no intelligence. The first category are mukallif kaamil, the second mukallif naaqis and included under this category is the person who makes a bequest to his children that when he dies they must incinerate his body and throw the ashes in the wind, and the third category are not mukallif.

Takleef Is Based On The Intelligence And Not On Perception

The majzoobeen have no intelligence, like a horse which has no intelligence, but it has excellent perception and senses. Another example is that of a child before maturity. His intelligence is not complete, but his senses are in order. In this regard we cannot claim that a majzoob does not have proper senses.

Salaat, etc. being Fardh is not based on these senses. Intelligence is a condition for the obligation of Salaat. Hence an insane person, similarly a majzoob, is not mukallif, just like a child is not mukallif, because of deficient intellect. [Al-Ifaadhaat Yawmia, page 244, vol. 2]

Regarding The Kuffaar Being Mukallif On The Furoo`aats (Practical Tenets Of Deen)

Are the kuffaar also bound (by the Shari'ah) or not? Before entering the class they are not bound, and only after they enrol will they be also included.

This is the example, assuming in some college there is a certain course, and the students are addressed thus, “O students! Study this.” Although this is applicable to the specific students who are enrolled for this course, it does not mean or imply that all other students are excluded from studying this course. The principal is also encouraging all the students who have enrolled in the college to take up this course. So this encouragement is for everyone. But as for those who are not yet students in the college, this should first be said to them that they enrol in the college and after they have enrolled, this encouragement will be applicable to them to take up the course. [Da`wat Abdiyat, page 62, vol. 8]

Will The Kuffaar Be Punished For Leaving Out The Furoo`aat

The following Aayat was revealed for the kuffaar, “Indeed those who do not desire meeting with Us, and are pleased with the worldly life…” According to the Fuqahaa, the kuffaar are not bound by the furoo`, that is why it is said that if a kaafir, performs Salaat, in the state of kufr, his Salaat will not be valid.

Similarly, when a kaafir accepts Islaam, then there is no Qadha binding on him for Salaats not read whilst he was kaafir.

The punishment which will be meted out to the kuffaar will be so due to their act of kufr, contrary to the believer, whose punishment will be due to neglecting the furoo`aat. Yes, the punishment of the kuffaar will be intensified due to their non-compliance to the furoo`aat, but their punishment will not be because of this (their neglecting the furoo`aat). An example of this will be if two people are captured and punished on account of their rebellion and treason. One of these two, together with treason also stirs trouble and causes anarchy, whereas the second person is only guilty of treason. Both will be punished for the crime of treason, but the punishment of the second one may be intensified because of his extra crime. The example of the kaafir is like the first rebel who also commits anarchy. His actual punishment will be due to his kufr, but since he never complied to the furoo`aat his punishment will be intensified.

As for the kaafir who used to comply to some of the furoo`aat which are attached to Imaan, like giving charity, kindness, humility, etc. is like the rebel who did not commit any other crime.

The punishment of the believer is like the punishment and crime of the person who does not commit treason, but petty crime. He will receive punishment but not to the extent of a rebel.

This aforementioned Aayat also confirms that the kuffaar are not bound to the furoo`aat, but they will be punished for not having executed them. As a matter of fact, even the believers are warned in this Aayat, in that if the kuffaar who are not bound by the furoo`aat will be punished for not having complied to them, the believers will, all the more be liable for punishment because they are bound and they neglect them. [Da`wat Abdiyat, page 188, vol. 7]

Are The Kuffaar Mukallif Of The Prohibitions Or Not? What If A Kaafir Touches The Qur`aan Majeed Without Wudhu?

Apparently there will be no harm in this, because they are not bound by the furoo`aat. But this will be contrary to adab (respect and etiquette). [Husnul Azeez, page 275, vol. 4]

It is not permissible to direct others towards those things which you are prohibited from (including the kuffaar). This rule, specifically has led some Fuqahaa to opine that the kuffaar are mukallif to the prohibitions and not others acts. [Imdaadul Fataawa, page 205, vol. 4]

[The Principles And Codes Of Law In Hanafi Fiqh, Moulana Ashraf Ali Thaanwi rahmatullaahi 'alaih]

» Posted by Seifeddine-M on 29th November 2011

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