The Subject of the Ruling

The Subject of the Ruling (‫)المحكوم فيه‬
The subject of the ruling refers to what is addressed by the divine speech, and it applies only to
actions if the divine speech is prescriptive (‫)تكليفي‬. In the case of declaratory rulings ( ‫أحكام‬
‫)الوضع‬, the subject may involve the action of the individual, as in contracts and crimes, or it may
not involve their action but rather relate to it as a descriptive complement to the prescriptive
ruling directly related to the action. For example, the sighting of the crescent for Ramadan,
which the Sharia made a cause for fasting Ramadan. Fasting is an action of the individual, as
indicated in the verse: "And establish prayer and give zakat" [Al-Baqarah: 43]. The obligation
derived from this ruling pertains to the individual’s action of giving zakat, making it obligatory.
Similarly, in the verse: "And do not approach unlawful sexual intercourse" [Al-Isra: 32], it is
prohibited.
In another example, the verse: "When you contract a debt for a specified term, write it down"
[Al-Baqarah: 282], indicates a recommendation (‫ )ندب‬for the action of writing debts, making it
recommended. Furthermore, the verse: "Do not aim toward the defective [from it], spending
[from that]" [Al-Baqarah: 267], indicates that spending defective items is disliked (‫)مكروه‬.
Another verse states: "But when the prayer has been concluded, disperse within the land" [Al-
Jumu'ah: 10], indicating permissibility (‫ )إباحة‬for the action of dispersing in the land, making it
permissible.
Scholars of Usul al-Fiqh have discussed the actions addressed by legal rulings from two aspects:
1. The conditions for the validity of imposing the ruling.

2. The attribution of these actions to the individual.
The following discusses each aspect in detail:
Conditions for the Subject of the Ruling
For an action to be valid for imposition by a ruling, the following conditions must be met:
1. Knowledge of the Action:

The individual must have complete knowledge of the action to fulfill it as required. It is
invalid to impose a ruling on an unknown matter. This is why general obligations
mentioned in the Qur'an, such as prayer and zakat, were clarified by the Prophet (peace
be upon him) in a manner that removed ambiguity, as he was given the authority to
explain the Qur'an’s rulings. Allah says: "And We revealed to you the message that you
may make clear to the people what was sent down to them" [Al-Nahl: 44].
The intended knowledge includes either actual knowledge or the potential for the
individual to acquire it, whether independently or with assistance. Evidence of the
possibility of such knowledge exists in the Islamic lands, as these lands are places of
widespread knowledge of rulings. Thus, ignorance is not a valid excuse in Islamic lands,
a principle established by scholars.
However, this differs in non-Islamic lands where knowledge of Sharia rulings is not
presumed due to the absence of widespread dissemination. For instance, if a person
embraces Islam in such a place and drinks alcohol out of ignorance of its prohibition,
they would not be punished upon migrating to Islamic lands.
2. Capability of the Action:

The action must be within the individual’s capacity, meaning it must be something they
can do or refrain from. The purpose of legal rulings is compliance, and if an action
exceeds the individual’s ability, compliance becomes inconceivable, rendering the
imposition of the ruling futile, which is contrary to divine wisdom.
Thus, it is impermissible to impose what is impossible, whether intrinsically impossible

(e.g., combining two opposites) or impossible due to the individual’s inability (e.g.,
turning a stick into a snake or flying without tools). Such matters are beyond human
capability and therefore not subject to legal rulings.
Hardship in Actions
The term "hardship" linguistically refers to something burdensome or difficult, as in the verse:
"And they carry your loads to a land you could not have reached except with difficulty to
yourselves" [Al-Nahl: 7].
While the action must be within the individual’s capability, does it also need to be free from
difficulty? The Sharia does not intend to impose excessive hardship, as evidenced by the
following:
 "And He has not placed upon you in the religion any difficulty" [Al-Hajj: 78].
 "Allah intends for you ease and does not intend for you hardship" [Al-Baqarah: 185].
 "Our Lord, and lay not upon us a burden like that which You laid upon those before us"
[Al-Baqarah: 286].
In a Hadith, the Prophet (peace be upon him) said: "I have been sent with a tolerant and easy
religion." Furthermore, he was never given a choice between two matters without choosing the
easier of them, provided it was not sinful. If it was sinful, he would avoid it entirely.
Thus, if the Sharia aimed at imposing difficulty, it would contradict its purpose of ease and
facilitation, which is invalid.

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The Subject of the Ruling (‫)المحكوم فيه‬

1. The conditions for the validity of imposing the ruling.

The following discusses each aspect in detail:

Conditions for the Subject of the Ruling

1. Knowledge of the Action:

2. Capability of the Action:

Thus, it is impermissible to impose what is impossible, whether intrinsically impossible

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