Prohibitive Commands in Acts of Worship: A Comparative Study Between Sunni and Shia Jurisprudence

Abstract

The implications of prohibitions within acts of worship hold significant weight in the process of jurisprudential reasoning and the derivation of religious rulings from sources such as the Qur’an and Sunnah. Scholars from various Islamic sects have engaged these prohibitions differently: in certain instances, a prohibited act of worship has nonetheless been deemed valid when performed by the legal agent, while in other cases, the same prohibition has rendered the act invalid. The root of such discrepancies lies in the nuanced understanding of the types of prohibitions present in religious texts. By distinguishing between authoritative prohibitions (tahrīmī), advisory ones (irshādī), and those indicating mere discouragement (tanzīhī, meaning "less reward"), this complexity can be clarified—an approach that constitutes one of the novelties of this research. Accordingly, if the prohibition is both authoritative and binding, it may apply to one of the following aspects: the essence of the worship, a component part, a condition, or a descriptive attribute of it. If directed at the essence of worship, the consequence is invalidity. If directed at a component, and the agent limits themselves to that prohibited part, the act as a whole is invalid. However, should they substitute it with a permissible component, the worship remains valid—unless other defects arise, such as incorporating detestable elements or deliberate additions or omissions, thereby disrupting its form. Where the prohibition targets a condition—particularly if the condition itself is a devotional act—then provided the condition is taken as an action or entity rather than a mere abstract noun, the ruling is also one of invalidity. This applies whether the defect arises from the absence of the condition itself or from the presence of an objectionable aspect within the act due to that condition. Finally, if the prohibition pertains to a descriptive attribute that is inseparable from the act, it entails invalidity. But if the description is separable and external, the act remains valid despite the prohibition.