English book · The Error of Political Islam

Argument from Islamic Jurisprudence

English book, p. 410

By Maulana Wahiduddin Khan

The situation is not such that for every action regarded as obligatory by Shariah, the acquisition of its means is also necessarily obligatory. Instead, there are specific conditions. Here, we quote the editor of the “Zindagi” who wrote the following note beneath the aforementioned lines: “In the case of obligatory acts, the scholars of Usul al-Fiqh have placed two conditions on the necessity of acquiring their means and prerequisites. The first is that the obligation must be absolute and not conditioned by any specific reason or prerequisite from the lawgiver. The second is that the means and conditions must be within the capability of the responsible person (mukallaf). If either of these two conditions is absent, then acquiring the means and prerequisites will not be obligatory. A legal example of the first condition is the issue of Zakat. The reason for the obligation of Zakat on gold and silver is the possession of a complete Nisab (minimum threshold), and the condition is that a year must pass (Hawl). However, it is not obligatory for any Muslim to strive to attain the Nisab, nor is it obligatory for someone who has Nisab to ensure that it is preserved for a full year to fulfill the obligation of Zakat. This is because the ruling regarding Zakat is not absolute

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