Appendix

Takleef and Buloogh

مَنْ تُرَدُّ شَهاَدَتُهُ

The Book of Dhihar

Glossary


Appendix 1: Takleef and Buloogh

Takleef

Takleef is a verbal noun meaning legal and moral responsibility in the sight of God. Mukallaf, a related word, is an adjective in the passive voice, meaning one who is required to carry a burden. “Allah kallafa his servant” means “Allah required His servant to carry a burden.” Technically, mukallaf refers to one who is morally and legally responsible (liable) before God. Assuming that Islam is one of the conditions of takleef, a mukallaf is one who is both responsible and authorized – whereas non-Muslims are not authorized to perform the devotional duties of Islam and are not rewarded for them unless they accept the faith. Generally speaking, sane, adult (post-pubertal) Muslims are mukallaf.
The beauty of the word mukallaf is that its three-letter root also means ‘loved’. “He kalifa his wife” means “He loved his wife.” This is so appropriate within the context of the Divine obligations because the true believers will fulfill these obligations lovingly, seeking nearness to their Lord and hoping for His pleasure.

Buloogh

Buloogh (becoming of age, or reaching sexual maturity) is a mark of adulthood in Islam; it ushers in the beginning of takleef. Therefore, it is important to understand it and know its signs.

The word bâligh means sexually mature. In this book, the word ‘post-pubertal’ may be used to translate bâligh because it is the closest to it, although the linguistic and medical definitions of puberty may be different from the Islamic concept of buloogh.
The fuqahâ’ unanimously agreed on the following three signs as indicative of puberty:

1.      Ejaculation, for men and women. (To the jurists, this also refers to the discharge released by a woman at orgasm.)
2. Menarche, for women. (Note that in contemporary medical terminology, menarche is different from puberty, which starts about eighteen months before menarche.)
3. Pregnancy, for women. The majority (A) + (+M, +Z +Abu Yoosuf) added to these the growth of coarse pubic hair. The Mâlikis added to these criteria some secondary sexual characteristics, such as breast development, armpit odor, and the changing of the voice.
Finally, the vast majority (with the exception of Dâwood adh-Dhâhiri) indicated that if none of those characteristics have appeared by a certain age, the individual is considered to have reached adulthood, although they differed on the exact age.
(A) + (H2 +M2, +S): 15 years, for men and women. This is because of the agreed-upon hadith of Ibn ‘Umar (RAHUMA), in which he said:

I was presented to the Messenger of Allah (SA) at age 14, but he did not approve of my participation in fighting. Then I was presented to him at 15, and he approved.

"عُرِضْت عَلَى رَسُولِ الله ﷺ وَأَنَا ابْنُ أَرْبَعَ عَشْرَةَ سَنَةً، فَلَمْ يُجْزِنِي فِي الْقِتَالِ، وَعُرِضْت عَلَيْهِ، وَأَنَا ابْنُ خَمْسَ عَشَرَةَ، فَأَجَازَنِي"

At-Tirmidhi reported that when ‘Umar ibn ‘Abdul-Azeez heard of this, he said this is the distinction between childhood and adulthood.

(-H, -M): 18 years; (-H: 17 for females) They cited a report from Ibn ‘Abbâs explaining the age of rushd (maturity and prudence in managing money) to be 18. This report was deemed weak by aṭ-Ṭabari and the great Ḥanafi Hadith scholar az-Zayla‘i.

In summary, a man becomes bâligh (sexually mature) when he has ejaculation, growth of coarse pubic hair, or reaches the age of 15. A woman becomes bâlighah (sexually mature) when she starts menstruating, becomes pregnant, or reaches the age of 15.

Takleef and Buloogh

( Page : no 183)