13
vital aspect was determined according to the correct perspective, and rules related to matters of halal and
haram were established on the basis of principles of justice. The ummah (nation) of Islâm thus became an
ummah occupying a position between the extremist deviations to the right and left, which Allâh Ta‘ala
describes as a “middle ummah, the best ummah that has ever been brought forth for mankind.” (3:110)
1. The Basic Asl Refers to the Permissibility of Things
The first asl (Asl, plural usual, denotes origin, source, foundation, basis, fundamental or principle.
(Trans.)), or principle, established by Islâm is that the things which Allâh has created and the benefits
derived from them are essentially for man’s use, and hence are permissible. Nothing is haram except
what is prohibited by a sound and explicit nas (Nas denotes either a verse of the Qur‘ân or a clear,
authentic, and explicit sunnah (practice or saying) of Prophet Muhammad. These are the two main
sources of Islâmic law, i.e., its Shari‘ah. (Trans.)) from the Law-Giver, Allâh Subhanahu wa Ta‘ala. If the
nas is not sound, as for example in the case of a weak hadith, or if it is not explicit in stating the
prohibition, the original principle of permissibility applies.
The scholars of Islâm have derived this principle of the natural usability and permissibility of things from
the clear verses of the Qur‘ân. For example, Allâh says: It is He who created all that is in the earth for
you.... (2:29) He has subjected to you, from Himself, all that is in the heavens and all that is on the
earth.... (45:13) Do you not see that Allâh has subjected to you whatever is in the heavens and what is
on earth, and has showered upon you His favors, both apparent and unseen? (31:20)
It cannot be that Allâh, may He be glorified, would create all these things, give man control over them,
count them as His favors upon him, and subsequently inform him that their use is prohibited; how could
this be when He created all this for man’s use and benefit? Indeed, He has prohibited only a few things
for specific reasons, the wisdom of which will be discussed later.
In Islâm the sphere of prohibited things is very small, while that of permissible things is extremely vast.
There is only a small number of sound and explicit texts concerning prohibitions, while whatever is not
mentioned in a nas as being lawful or prohibited falls under the general principle of the permissibility of
things and within the domain of Allâh’s favor. In this regard the Prophet (s.a.w.s.) said: What Allâh has
made lawful in His Book is halal and what He has forbidden is haram, and that concerning which He is
silent is allowed as His favor. So accept from Allâh His favor, for Allâh is not forgetful of anything. He
then recited, “And thy Rabb is not forgetful.” (19:64) (This hadith was Compiled by al-Hakim, cla88ified
as sahih (sound), and quoted by al-Bazzar.)
Salman al-Farsi reported that when Allâh’s Messenger (s.a.w.s.) was asked about animal fat, cheese,
and fur, he replied, “The halal is that which Allâh has made lawful in His Book and the haram is that
which He has forbidden, and that concerning which He is silent He has permitted as a favor to you.”
(Compiled by al-Tirmidhî and Ibn Mâjah.)
Thus, rather than giving specific answers to what the questioner had asked, the Prophet
(s.a.w.s.) referred to the general criterion for determining the halal and the haram. Accordingly, it is
sufficient for us to know what Allâh has made haram, since what is not included in it is pure and
permissible. The Prophet (s.a.w.s.) also said: Allâh has prescribed certain obligations for you, so do not
neglect them; He has defined certain limits, so do not transgress them; He has prohibited certain things,
so do not do them; and He has kept silent concerning other things out of mercy for you and not because
of forgetfulness, so do not ask questions concerning them. (Compiled by aI-Darqutni and classified as
hasan (good) by al-Nawawi.)
I would like to emphasize here that the principle of natural permissibility is not only limited to things and
objects but also includes all human actions and behavior not related to acts of worship, which may be
14
termed living habits or day-to-day affairs. Here again, the principle is that these are allowed without
restriction, with the exception of a small number of things which are definitely prohibited by the Law-
Giver, Allâh Subhanahu wa Ta‘ala, Who says:...He (Allâh) has explained to you what He has made
haram for you.... (6:119) including both objects and actions.
The case is different, however, in relation to acts of worship. These are purely religious acts which can
be taken only from what Allâh Himself reveals. Concerning this we have a sound hadith: “Any innovation
in our matter (worship) which is not a part of it must be rejected.’‘ (This hadith is classified as
muttafaq‘alayh (“agreed upon” by the two great scholars al-Bukhâri and Muslim).)
Anyone who invents or originates a form of worship on his own has gone astray and must be repudiated,
for only the Law-Giver Himself has the right to originate acts of worship through which human beings
may seek nearness to Him. Living habits and day-today matters, however, did not originate with the Law-
Giver; they were originated and acted upon by human beings themselves. Thus the Law-Giver
intervenes only to rectify, to moderate, or to refine them, and occasionally to identify some practices
which are harmful or which may lead to strife.
The great Islâmic scholar Ibn Taymiyyah states, People’ssayings and actions are of two kinds: acts of
worship by which their religion is established, and custUmary practices which are required for day-to-day
living. From the principles of the Shari‘ah, we know that acts of worship are those acts which have been
prescribed by Allâh or approved by Him; nothing is to be affirmed here except through the Shari‘ah.
However, as far as the wordly activities of people are concerned, they are necessary for everyday life.
Here the principle is freedom of action; nothing may be restricted in this regard except what Allâh
Subhanahu wa Ta‘ala has restricted. This is the case because commanding and prohibiting are both in
Allâh’s hands. As far as worship is concerned, there has to be a command from Him concerning it. Thus,
when it requires a command (from Allâh) to establish something, how can we say that something is
restricted without His command?
This is why Ahmad (bin Hanbal) and other jurists, who base their judgements on ahadith, (Plural of
hadith. (Trans.)) say: In relation to acts of worship, the principle is limitation (tawqeef); that is to say,
nothing can be legislated in this regard except what Allâh Himself has legislated. To do otherwise is to
incur the risk of being included in the meaning of the ayah: ‘Do they have partners (with Allâh) who have
prescribed for them in religion that concerning which Allâh has given no permission?‘ (42:21) But as far
as living habits are concerned, the principle is freedom because nothing can be restricted in this regard
except what Allâh Himself has prohibited. Here, to do otherwise, is to be included in the meaning of His
saying: ‘Say: Do you see what Allâh has sent down to you for sustenance? Yet you have made some
part of it halal and some part haram.’ (10:59)
This is a great and beneficent principle, on the basis of which we can say that buying, selling, leasing,
giving gifts, and other such matters are necessary activities for people, as are eating, drinking, and the
wearing of clothes. If the Shari‘ah says something concerning these mundane matters, it is in order to
teach good behavior. Accordingly, it has prohibited whatever leads to strife, has made obligatory that
which is essential, has disapproved that which is frivolous, and has approved that which is beneficial. All
this has been done with due consideration for the kinds of activities involved, their magnitudes, and
properties.
Since this is the stand of the Shari‘ah, people are free to buy, sell, and lease as they wish, just as they
are free to eat and to drink what they like as long as it is not haram. Although some of these things may
be disapproved, they are free in this regard, since the Shari‘ah does not go to the extent of prohibiting
them, and thus the original principle (of permissibility) remains. (Al-Qawa‘id al-Nuraniyah al-Fiqhiyah by
Ibn Taymiyyah, pp. 112-113. In accordance with this principle, Ibn Taymiyyah, his pupil, Ibn al-Qayyim,
Dostları ilə paylaş: |