Shaykh Ibn Uthaymeen: The Difference Between the Hukm, Qadaa that is Kawnee (Creational) and the Hukm, Qadaa Which is Shar'iyy (Legislative)
Friday, December 04 2009 - by Abu.Iyaad
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Shaykh Ibn Uthaymeen (rahimahullaah) said:

The Difference Between the Hukm Kawnee and the [Hukm] Shar'iyy

And the difference between the legislative judgement [pertaining to the Sharee'ah commands] and the creational judgement [pertaining to that which occurs or does not occur in the creation] is that the legislative judgement (ash-shar'iyy) may not necessarily be fulfilled by the one upon whom it has been made. This is why the sinners from the offspring of Aadam and others, are opposers to the judgement of Allaah that is legislative (pertaining to the Sharee'ah). As for the judgement that is qadaree (pertaining to the decree) then there is nothing to oppose it and no one escapes it. Rather it is operative amongst the servants in all situations.

Note: When a person commits a sin, he is opposing the legislative command that Allaah has judged and decreed (through the revealed Books and sent Messengers) by not abiding by what he was ordered with, however, at the same time, he is in complete conformity, and subject to the creational command and decree of Allaah, which pertains to everything that happens, and from which nothing can escape.

The Shaykh also said:

The Difference Between the Qadaa Kawnee and the [Qadaa] Shar'iyy

The Qadaa Shar'iyy (Legislative Ordainment):

  • That the legislative Ordainment is attached to whatever Allaah loves of the performance of that which has been commanded and abandonment of that which has been prohibited.

  • The legislative Ordainment may occur and it may not occur, it may occur from the one upon whom it has been ordered and it may not occur.

The Qadaa Kawnee (Creational Ordainment):

  • The creational Ordainment is attached to that which Allaah loves and that which He does not love

  • The creational Ordainment will certainly take place from the one upon whom it has been decreed.

Thus the difference is first from two angles, and then when we mention a thing along with its opposite, it becomes four things.

Note: So Allaah loves that a person gives zakaah from his wealth, and this is a legislative ordainment (qadaa shar'iyy) that Allaah sent down in the Book and upon the tongue of the Messenger (the revealed legislation). However, whether this takes place or not is subject to the creational ordainment through which Allaah decrees precisely what takes place or not. Thus, Zayd knows the obligation of giving zakaah, so the legislative command has reached him and he knows Allaah loves it and requests (for the benefit of Zayd that is), however Zayd may give it or may not give it, and that will depend upon Allaah's creational Ordainment. And in all situations:

Zayd is still

  1. a responsible free-acting agent (with qudrah and mashee'ah), who has been
  2. shown the way (books and messengers) and
  3. given the choice

to act upon the legislated ways and means through which he can attain Paradise and avoid the Fire - just like he is free to choose whether he wants to travel through the rough part of town (and avoid getting mugged) or the friendly part of town (to ensure safety) - without feeling compelled or forced in whatever choice he has made.

In short:

رُّسُلاً مُّبَشِّرِينَ وَمُنذِرِينَ لِئَلاَّ يَكُونَ لِلنَّاسِ عَلَى اللّهِ حُجَّةٌ بَعْدَ الرُّسُلِ

Messengers as bearers of good news as well as of warning in order that mankind should have no plea against Allaah after the Messengers. (an-Nisaa 4:165)

Source: Tafseer Surah Aali Imraan (1/274) through "Mu'jam at-Ta'reefaat wad-Dawaabit wat-Taqseemaat wal-Fawaa'id Fil-Musannafaat al-I'itqaadiyyah Lish-Shaykh Ibn al-Uthaymeen", pp. 428-429.

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