Acts (Fi’il)

 Natural Acts (Hissi) are physical acts or acts of the human body externally manifested by
means by utterances, or conduct as well as acts of the mind. ( External manifestations that
produces effects that can be regulated by law)
 Jurisitic acts cannot be subject to regulation as only the Divine Provident can find out what is
in the human mind.

Acts Classification as to revocability :

 Revocable Acts – legal effects can be undone (sale, lease)

 Irrevocable Acts – legal effects cannot be undone ( divorce)

Acts classified as to its secular purpose:

 Valid (Sihah) – acts that possess all the essential elements for its validity and conforms to
the necessary conditions.
 Voidable (Fasid) – Those acts that suffers from certain essential requirements, and therefore
are imperfect though can be ratified through compliance of the missing requirements.
 Void (Batil) – Those acts that are prohibited by law and therefore null and invalid.

A juristic act of nature of transaction to be valid must possess :

 Juridical Capacity of the parties which is the legal fitness to be the subject of legal relations (
fetus can be a subject of legal relation although it has no legal capacity)
 Legal Capacity to act which is the power to do act with legal effect.
 Consent of the parties freely and consciously given .
 Object or subject matter which must be legal.
 Compliance with the essential conditions of the law required for its validity.

Legal capacity is the fitness of a person to whom the law is addressed for the application of the law or
defined as to the quality by which man becomes fit for what he is entitled and what he is subject to.

Legal Capacity is classified into:

 Capacity for the inherence of rights and obligations.

 Capacity for the discharge of rights and obligations.

Circumstances Which affect application of law to acts of person with legal capacity :

 Somawi or the circumstances which are the work of the providence which is beyond the
control of man. (Infancy, Idiocy, lunacy, forgetfulness, illness and death)
 Maksuba are those created by man. ( slavery, drunkness , folly, mistake and duress)
Acts classified as to spiritual purpose :

 Obligatory (Fard) of the first degree. Prohibition of its omission is established clearly in the
text of the quran of tradition. (fasting, pilgrimage)
 Obligation of the second degree (Wajib)if prohibition is established by an authority of
presumptive nature. (maintenance of wife and children)
 Fardum Kifayatum are acts which are obligatory in the muslim community (jihad a religious
war)
 Sunnat are acts the doing of which is better than abstention but such abstention is not
forbidden. ( to put up a charitable or religious endowment)
 Mandub, mustahaf or nafl, are acts which are superogatory but commended. (give alms to
the poor)
 Haram of forbidden are acts abstention from it is considered better that doing it, and the
doing of it is prohibited.
 Makruh or condemned are considered abominable
o Makruhun Kirahata Tehrimin are acts towards unlawfulness.
o Makruhun Kirahata Tanzankin are acts towards lawfulness.
 Mubah or permissible , acts the commission or omission of which is regarded with
indifference by the lawgiver (pledge)

Classification of acts to Shari’a value or Islamic Legal Rule

- Mandatory (tafliki) rules , that requires certain action or provide a choice whether to follow
it or not. Actions in this respect are divided into :
o Obligatory
o Forbidden
o Commendable
o Improper
o Permissible
- Declarative (wadi) laws which are those rules which were promulgated as reason , condition,
deterent for the action or which states whether this actions are valid or void. Divided into:
o Reason
o Condition
o Deterent
o License
o Possible
Rights (Hukhuk)

Hukhuk literally means right, as a term in law it may be defined as the power which a person
may exercise over another for the performance of a prestation , or required for the compliance of an
act.

Classification of Rights

- Hukhuk Allah (Right of God)