Mandub (Recommended)

I.2 Mandub (Recommended)

Mandub denotes a demand of the Lawgiver which asks the mukallaf to do something which is, however, not binding on the latter. To comply with the demand earns the mukallaf spiritual reward (thawab) but no punishment is inflicted for failure to perform. Creating a charitable endowment (waqf), for example, giving alms to the poor, fasting on days outside Ramadan, attending the sick, etc., are duties of this kind. Mandub is variously known as Sunnah, mustahabb and nafl, which are all here

synonymous and covered by the same definition. [17. Ghazali, Mustasfa, I, 42; Khallaf, `Ilm, p. 112; Abdur Rahim, Jurisprudence, p.197.] If it is an act which the Prophet has done at one time but omitted at other times, it is called Sunnah.

There are two types of Sunnah, namely Sunnah mu'akkadah (the emphatic Sunnah, also known as Sunnah al-huda), and Sunnah ghayr mu'akkadah, or supererogatory Sunnah. The call to congregational prayers (i.e. the adhan), attending congregational prayers, and gargling as a part of the ablution (wudu') are examples of the former, whereas non-obligatory charity, and supererogatory prayers preceding the obligatory salah in early and late afternoon (i.e. zuhr, and 'asr) are examples of supererogatory Sunnah. Performing the emphatic Sunnah leads to spiritual reward from Almighty God while its neglect is merely blameworthy but not punishable. However, if the entire population of a locality agree to abandon the emphatic Sunnah, they are to be fought for contempt of the Sunnah. To perform the

of food, etc., whose omission is neither abominable nor blameworthy. [18. Abu 'Id, Mabahith, p.71; Khudari, Usul, p.46.]

Mandub often occurs in the Qur'an in the form of a command which is then accompanied by indications to suggest that the command is only intended to convey a recommendation. An example of this is the Qur'anic command which requires that giving and taking of period loans must be set down in writing (al-Baqarah, 2:282). But the subsequent portion of the same passage provides that `if any of you deposits something with another, then let the trustee [faithfully] discharge his trust'. This passage implies that if the creditor trusts the debtor, they may forego the requirement of documentation. Another example of a command which only denotes a recommendation is the Qur'anic provision regarding slaves, where the text provides, `and if any of your slaves seek their release from you in writing, set them free [fa-katibuhum] if you know any good in them' (al-Nur, 24:3). The last portion of this text indicates an element of choice which renders the command therein mandub. But in the absence of such accompanying evidence in the text itself, the Qur'anic command is sometimes evaluated into mandub by reference to the general principles of the Shari'ah.

Sometimes the mandub is conveyed in persuasive language rather than as a command per se. An example of this is the Hadith which provides: `Whoever makes an ablution for the Friday prayers, it is

good, but if he takes a bath, it is better -[afdal]. [19. Tabrizi, Mishkat, I, 168, Hadith no. 540.]

A question arises in this connection as to whether the mandub remains a mandub once it has been started, or becomes obligatory of continuation until it is completed. The Hanafis have held that once the mandub is commenced, it turns into an obligation and must be completed. For example, when a person starts a supererogatory fast, according to this view, it is obligatory that he complete it, and failure to do so renders him liable to the duty of belated performance (qada'). But according to the Shafi'is, whose view here is generally preferred, the mandub is never turned into wajib and always remains as mandub, thereby leaving the person who has started it with the choice of discontinuing it whenever he wishes.

There is thus no duty of belated performance (qada') on account of failure to complete a mandub. [20.

Ghazali, Mustasfa, I, 48; Abu 'Id, Mabahith, pp. 72-74; Qasim, Usul, p. 322.]