Inquiries on the Science of the Objectives of Sharia (Part 26)
3. Explicit Command and Prohibition in the Explanation of Rulings
The discussion of command and prohibition is one of the oldest aspects of the principles of jurisprudence and has been considered since the initial stages of the establishment of this knowledge. An important part of legislation, both in the Book of Allah and in the Sunnah of the Prophet (PBUH), has taken the form of commands and prohibitions. Therefore, achieving a correct understanding of command and prohibition is essential for deducing the rulings and interpreting Sharia.
Regarding the Sunnah, it should be kept in mind that the case for command and prohibition applies when the Sunnah is of the verbal type; however, in the actual or expository Sunnah, the discussion of command and prohibition is not applicable, even though following the Sunnah remains necessary.
Historically, the topic of command and prohibition, like other topics, has developed in direct connection with the evidence of the Book and its applications. This topic, in the chapter on the science of principles, falls among the group of verbal topics that deal with the interpretation of verbal forms. However, our intention here is not only to discuss principles but also to examine the role of explicit initial commands and prohibitions in proving the Objectives of Sharia.
It is clear that a command is established to require action, while a prohibition is established to require abandonment. Consequently, the occurrence of the action when it is commanded reflects the intention of the lawgiver, as does the non-occurrence in the case of prohibition. Shatibi has noted two conditions for this method of discovering intentions:
The First Condition: Each of the command and prohibition must be primary. For example, in the verse: «يَاأَيُّهَا الَّذِينَ آمَنُوا إِذَا نُودِي لِلصَّلَاةِ مِن يَوْمِ الْجُمُعَةِ فَاسْعَوْا إِلَى ذِكْرِ اللَّهِ وَذَرُوا الْبَيْعَ.» Translation: “O you who believe! When the call to prayer is given on the day of Jum’ah (Friday), hasten to the remembrance of Allah and abandon trading.” In this case, the prohibition related to trading is not a primary prohibition, but rather an emphasis on the command to strive, since striving is only possible by abandoning trading.
The Second Condition: The command and prohibition must be explicit in their request, as opposed to implicit commands and prohibitions that are not clearly expressed.
In this article, we will explore the commands in the Book and the Sunnah to determine whether the commands and prohibitions in these two important sources of Islamic law are pathways to achieving the objectives and recognizing the law’s goals. We will also investigate how command and prohibition serve as guides to these objectives.
A: Command and Legislation in the Book (Quran) and the Sunnah
As a principle, it must be acknowledged that part of the Holy Quran consists of verses with legislative aspects that indicate rulings from divine laws. These verses, which have always been of interest to scholars in jurisprudential discussions, are referred to as “verses of Ahkam.” To classify verses that indicate jurisprudential rulings, several expressions of legislation must be distinguished from one another.
In some verses of Ahkam, legislation is executed with an explicit command using the article of “command and prohibition,” such as: «إِنَّ اللّهَ يَأْمُرُكُمْ أَن تُؤدُّواْ الأَمَانَاتِ إِلَى أَهْلِهَا» Translation: “Indeed, Allah commands you to return the trusts to those to whom they are due.” Or in the form of a command, such as: «فَاغْسِلُوا وُجُوهَكُمْ» Translation: “So wash your faces.”
In some verses, legislation is made through purely anecdotal interpretation and through traditional expressions. In a number of other verses, different methods have been utilized for legislation.
Regarding the meaning of command and prohibition, it should be noted that in the Quranic verses, Allah repeatedly mentions commanding actions such as worshiping the One God (Allah), establishing justice and equity, doing good, maintaining ties of kinship, and fulfilling trusts—all of which are obligatory commands. Additionally, certain uses of the word prohibition specify actions to be abandoned, including the prohibition of fornication, evil, rebellion, and usury. It should also be noted that the term command is sometimes used in the Quran to indicate permissibility.
B: Prophetic Sunnah
Examining the Prophetic Sunnah reveals that a significant portion of the commands expressed are illustrated through actions and statements. Even when commands are articulated verbally, their expression rarely takes the form of strict command and prohibition. The use of verbs is broader than that of the articles of command and prohibition; however, examples of the latter do exist.
Among these examples, there are cases that can be examined in terms of the meanings of command and prohibition. For instance, the command to pray Witr and the command to use the toothbrush, where the article of command signifies an incitement rather than an obligatory order.
In the hadiths related to these issues, expressions like “Azm” and “ketabat” have been used to indicate obligation, with the latter being a well-known Quranic term. Beyond the aforementioned examples, the Prophetic Sunnah contains numerous expressions that have established the foundation for categorizing commands and prohibitions as obligatory or exhortative.
In discussing the Prophet’s commands and prohibitions, it is important to highlight the narrations emphasizing the agreement between the Prophet’s commands and divine commands. Submission to the Prophet’s commands is considered obligatory for people, just as it is for divine commands.
Nevertheless, narrations have frequently distinguished between obligatory Quranic commands and obligatory Prophetic commands, differentiating them as obligatory and Sunnah (noting that the latter are obligatory Sunnahs, not merely recommended). The evolution of discussions concerning permission and deviation in the meanings of commands and prohibitions has developed in parallel with the formation of the five rulings, which have been central to scholars’ methodological discussions as the field of jurisprudence transitioned into a more codified stage.
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