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TAZAHUM UL-WAJaaIB – jurisprudence of priorities

بِسْمِ اللَّهِ الرَّحْمَـنِ الرَّحِيمِ ‏‎ ‎

TAZAHUM UL-WAJaaIB – jurisprudence of priorities ‎

When all the obligations mount up we must be able to prioritise which obligation to do with the utmost importance and priority.‎

PRIORITIES HAS TWO DIVISIONS

1.  Al-Awwal (The first and foremost duties)

2.  Al-Awwaaliyat (which means the most important duties out of the foremost duties)

Definitions

Linguistic Definition:

We shall refer to the written work by Al-Imam Al-Johari from his books in the Arabic Language: ‎

1.  ‎Al-Sihah: Vol 05 Page 1038‎

2.  Lisan Ul Arab: Vol 15 page 195 Topic Wa Ala ‎

§ Al-Awwal (noun) the first

§ Awwalun (plural) the first

§ Al-Awla (noun) the first

§ Awaaliyat (plural) the first

Sharia’h Definition:

§ Al-Awwal:  The duties or the activities which take Priority

§ Al-Awwaaliyat:‎ The duties or the activities which has priorities to precede other priorities

NB: ‎The duties or actions which has priorities to precede others must be based upon the Shari’ah

HOW WE JUDGE WHICH PRIORITY TAKES PRECEDENCE

The levels of priorities:

§ Al-Ahm (most important)

§ Al-Muhim (important)

§ Al-Fadilu (most favoured)

§ Al-Mafdul (favourite)

§ Badihiyah Aqliyah (obvious rationally)

§ Ar-Rajih (out-weigher)

§ Al-Marjuh (outweighed)

There is no doubt Al-Ahm precedes Al-Muhim and Fadilu precedes Al-Mafdul.  That is a juristic fact.‎

Badihiyah Aqliyah:‎

This is something that is ‘obvious rationally’ and which the sound mind consents. It precedes what it out ways as the lesser of the benefit.  In other words the out-weigher precedes the outweighed.

EXAMPLES IN THE SUNNAH

Haqiqah As-Shari’ah:‎

The Reality of the Shariah - The Qur’an & Sunnah indicates what is the most important or ‎most favoured priorities and outweighs it again s other duties.‎

The Messenger (saw) taught the method to a Sahabah (ra). Upon the ‎Authority of Abdullah Ibn Omar (ra) and Abdullah Ibn Abbas (raa), When the Messenger (saw) was sending Muadh bin ‎Jabl (ra) to Yemen he said:

“When you reach Yemen you will reach people of Ahlul Kitab.  When you reach ‎them, call them to testify Laa Ilaha Illallah, Muhammadun Rasullullah (there is none worthy of worship and Muhammad is His Messenger).  If they obey and accept it then inform ‎them that Allah (swt) obliges upon them the five salah throughout the day and night, and if they obey, then ‎inform them that Allah (swt) obliges upon then to spread the Sadaqah (charity) from their own riches which is to be paid to the ‎poor.  If they obey then you beware from their own wealth to be violated and fear Allah (swt).” ‎ [Sahih Bukhari] # 4347 [Sahih Muslim] # 29

This Hadith is mentioned by Sheik Muhammad bin Abdul Wahhab in his book ‘Kitabut Tawheed’ in the Chapter ‘Calling ‎to the testimony of Laa Ilaha Illallah’.  He also mentions on point 12 ‘Starts by the most important in ‎accordance to the most importance’.

In the explanation of the Hadith Sheik Sulaiman bin Abdullah bin ‎Muhammad bin Abdul Wahhab said, in his book Tafsir Al-Azeez Al Hamid fee Sharh, Kitab ul-Tawheed Page ‎‎101 Chapter Al-Badawah Dawah to start and teaching by the ‘most important to the least important’.‎

The Messenger (saw) said: “Al-iman is 70 or 60 some branches.  The most significant is qawlu (saying) Laa ilaha illallah and ‎the lowest is to remove anything harmful from the street.”‎ [Sahih Muslim] #35 Chapter Al-Iman Vol 1 Pg 63

Upon the Authority of Abu Hurairah (ra) when been asked which is the best deed?  ‎The Messenger (saw) said: “Imanu billah wa rasuluhu -Belief in Allah (swt) and His Messenger (saw)- ”‎He was then asked, “What next?”‎The Messenger (saw) replied, “Al-Jihadu feesabilillah (fighting for the sake of Allah (swt))”‎. He was then asked, “What next?”‎ The Messenger (saw) replied, “Al-Hajj Mabrour (accepted pilgrimage)”. ‎[Sahih Bukhari] #26 [Sahih Muslim] #83

From these narrations and many more, we can decide the following regarding actions: ‎

1.  Actions have variety and importance.

2.  The interests of the people has different varieties and importance

We can summarise the importance of the actions as follows:

1.  ‎Al-Durouriyat (the necessities – higher in priority) ‎

2.  ‎Al-Hajjiyat (the needs)

3.  Al-Tahsinat (the luxuries – lower in priority)

Duties & its Pillars:

If we understand that duties have priorities and conditions, we will be ‎able to apply the principle of Al-Awla fil-Awla (The most important from the important).

Examples of Obligations and the one with higher priority or favour:

‎1.‎ The best dua’ (supplication) is the one in sajoud (prostration)

‎2.‎ The best day of dua’ is on the day of Arafat

‎3.‎ The best wife is the one who smiles at you

‎4.‎ The best slave is the one who dos not run away

‎5.‎ The best fast is the day of Arafat

‎6.‎ The best Jihad is the one who speaks in front of the tyrant ruler

‎7.‎ The best Jihad is fighting

‎8.‎ The best days of Ramadan is the last 10 days

‎9.‎ The best days of the last 10 days of Ramadan are the odd days

IMPLEMENTING TAZAHUM UL-WAJAAIB

An example to show you how to implement the fiqh of priorities can be as follows; It is Friday and the adhan (call to prayer) goes for Jumuah prayer, yet you have and poorly mother and a poorly child to visit. In this scenario to pray Jumuah comes first as it is the right of Allah (swt). Then you would visit your child and then your mother. However all this would be out-weighed if enemy were to invade and attack Muslim land, in which case if you are present you must engage in fighting them.

THE HARM OF THE ABSENCE OF FIQH OF PRIORITY

Applying the rules of the shariah in the wrong reality will lead to complete anarchy, when Allah (swt) established the ‎Shari’ah to organise the affairs of mankind and to give them a firm foundation. 

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