|
| |
|
The question of what ought to be halal
(lawful) and haram (prohibited) was one of the matters concerning which, prior
to the advent of Islam, the peoples of the world had gone very far astray and were utterly
confused, permitting many impure and harmful things and prohibiting many things that were
good and pure.
They erred grievously, going either far to the right or far to the
left. On the extreme right was the ascetic Brahmanism of India and the self-denying
monasticism of Christianity. In addition to these two, there were other religions which
were based on the principles of the mortification of the flesh, abstention from good food,
and avoidance of other enjoyments of life which Allah has provided for human beings.
Christian monasticism attained its peak during the Middle Ages when the avoidance of good
and pure things among the monks, thousands in number, reached the point at which washing
one's feet was considered a sin and entering a bath was something to regret and repent. On
the extreme left, the Mazdak philosophy emerged in Persia, advocating absolute freedom and
allowing people to take whatever they wanted and do whatever they pleased, even exhorting
them to violate what is naturally held inviolable by human beings.
The Arabs of the pre-Islamic era provide a noteworthy example of utter
confusion regarding the criteria for making lawful or prohibiting things and actions. They
permitted the drinking of alcohol, the taking of usury at exorbitant rates, the torturing
and secluding of women, and many similar practices. Those who had diabolical minds made
alluring to many of them the killing of their own children, until, suppressing their
natural paternal feelings, they obeyed them. As Allah Subhanahu wa Ta'ala says:
Thus have their partners made alluring to
many of the idolaters the killing of their children, in order to destroy them and to
confuse for them their religion. (6:137)
These "partners" from among the guardians of the idols had
devised many impressive arguments to persuade fathers to kill their children; among them
were the fear of actual or anticipated poverty, the impending shame in case of a daughter,
and the closeness to the gods to be attained by the sacrifice of a son.
It is strange that these same people who permitted the killing of their
children by cutting their throats or burying them alive had prohibited to themselves the
eating of certain agricultural produce and the flesh of cattle. Stranger still is that
they considered such prohibitions as part of their religion, attributing them to Allah's
command. (It should be noted that while
worshipping and ascribing powers to numerous male and female deities the pagan Arabs of
the pre-Islamic era possessed the concept of a supreme Deity, Allah, ascribing to Him many
false attributes and laws. (Trans.)) But Allah rejected
their false claim: And they
say, 'These cattle and crops are sacred; none shall eat of them except those whom we
wish', —so they assert—'and cattle whose backs are prohibited (to burden), as
well as cattle on which (at slaughter) the name of Allah is not mentioned' a forgery
against Him. He will assuredly recompense them for what they have forged. (6:138)
Moreover, the Qur'an exposed the error of those who made halal what
should have been prohibited and made haram what should have been permitted:
Lost are those who kill their children in
folly, without knowledge and prohibited what Allah has provided them, forging (lies)
against Allah. They have indeed gone astray and are without guidance. (6:140)
When Islam came, the errors, confusions, and deviations with respect to
the question of halal and haram were very widespread. One of Islam's initial
accomplishments was, therefore, to establish certain legal principles and measures for
rectifying this important matter; these principles were then made the determining criteria
on which the questions of what is halal and what is haram were to be based.
Thus this 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 Islam thus became an ummah occupying
a position between the extremist deviations to the right and left, which Allah Ta'ala
describes as a "middle ummah, the best ummah that has ever been brought
forth for mankind." (3:110)
|
|
The first asl (Asl, plural usual, denotes origin, source,
foundation, basis, fundamental or principle. (Trans.)),
or principle, established by Islam is that the things which Allah 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'an or
a clear, authentic, and explicit sunnah (practice or saying) of Prophet Muhammad.
These are the two main sources of Islamic law, i.e., its Shari'ah. (Trans.))
from the Law-Giver, Allah 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 Islam have derived this principle of the natural
usability and permissibility of things from the clear verses of the Qur'an. For example,
Allah 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 Allah 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 Allah, 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 Islam 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 Allah's favor. In this regard the Prophet (peace be on him) said:
What Allah 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 Allah His favor, for Allah is not forgetful of anything. He
then recited, "And thy Lord is
not forgetful." (19:64)
(This hadith
was reported by al-Hakim, cla88ified as sahih (sound), and quoted by
al-Bazzar.)
Salman al-Farsi reported that when
the Messenger of Allah (peace be on him) was asked about animal fat, cheese, and fur, he
replied, "The halal is that
which Allah 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." (Reported by al-Tirmidhi and Ibn
Majah.)
Thus, rather than giving specific
answers to what the questioner had asked, the Prophet (peace be on him) referred to the
general criterion for determining the halal and the haram. Accordingly, it
is sufficifor us to know what Allah has made haram, since what is not includedin it
is pure and permissible. The Prophet (peace be on him) also said: Allah 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. (Reported 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
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, Allah Subhanahu wa Ta'ala, Who says:
...He (Allah) 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 Allah 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-Bukhari 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 Islamic scholar Ibn Taymiyyah states, Peoples' sayings and
actions are of two kinds: acts of worship by which their religion is established, and
customary 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 Allah 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 Allah Subhanahu wa Ta'ala has restricted. This is the case because commanding
and prohibiting are both in Allah'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 Allah) 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 Allah 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 Allah) who have
prescribed for them in religion that concerning which Allah 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 Allah Himself has prohibited. Here,
to do otherwise, is to be included in the meaning of His saying: 'Say: Do you see what Allah 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, and the Hanbali jurists in
general hold that contracts and the conditions laid down in them are essentially
permissible, as any contract not involving any matter which is textually established as haram
is valid.)
This principle is also supported by what is reported in a sound hadith
by the Prophet's Companion, Jabir bin 'Abdullah. He said, "We used to practice 'azl
(coitus interrupts, or withdrawal before ejaculation during intercourse) during the
period when the Qur'an was being revealed. If the practice were to have been prohibited,
the Qur'an would have prohibited it." He therefore concluded that if the divine
revelation was silent about something, it was permissible and people were free to practice
it. Assuredly the Prophet's Companions (may Allah be pleased with them) had a perfect
understanding of the Shari'ah. Accordingly, this great principle —that no
worship can be legislated except by the command of Allah, and no practice can be
prohibited except by His prohibition— is firmly established.
|
| 2. To
Make Lawful and to Prohibit Is the Right of Allah Alone
The second principle is that Islam has
restricted the authority to legislate the haram and the halal, taking it out
of the hands of human beings, regardless of their religious or worldly position, and
reserving it for the Lord of human beings alone. Neither rabbis nor priests, kings or
sultans, have the right to prohibit something permanently to Allah's servants; if someone
does this, he has certainly exceeded his limits, usurping the sovereignty which, with
respect to legislating for the people, belongs to Allah Subhanahu wa Ta'ala alone. Others
who acquiesce with this transgression of such usurpers and act upon what they have
legislated thereby elevate them to the rank of partners or associates with Allah:
Do they have partners (with Allah) who have
prescribed for them in religion that concerning which Allah has given no permission? (42:21)
They have taken their rabbis and
priests as lords besides Allah, and the Messiah, son of Mary, although they were commanded
to worship no one except the One Allah. There is no Deity but He, glory be to Him above
what they associate with Him! (9:31)
The Qur'an took to task the People of the Book, that is, Christians and
Jews, for putting the power to make lawful and to prohibit things and actions into the
hands of their rabbis and priests.
'Adi bin Hatim, who had been a Christian before accepting Islam, once
came to the Prophet (peace be on him). When he heard him reciting the above ayah he
said, "O Messenger of Allah, but they do not worship them." The Prophet (peace
be on him) replied, Yes, but
they prohibit to the people what is halal and permit them what is haram, and
the people obey them. This is indeed their worship of them. (Reported and classified as hasan by
al-Tirmidhi and others.)
Christians still claim that Jesus
(peace be on him), before ascending to heaven, vested in His apostles the authority to
declare things permissible or prohibited as they saw fit, as reported in Matthew 18:18:
I tell you this: whatever you forbid on earth shallbe forbidden in heaven, and whatever
you allow on earth shall be allowed in heaven.
The Qur'an also took the pto task for legislating and prohibiting
things without any authority from Allah: Do you see what Allah has sent down to you for sustenance and yet you have
made some part of it halal and some part haram? (10:59)
And do not say, concerning the
falsehood which your tongues utter, 'This is halal and that is haram,' in
order to fabricate a lie against Allah; assuredly those who fabricate a lie against Allah
will not prosper. (16:116)
From these explicit verses of the Qur'an and from clear ahadith of
the Prophet (peace be on him), the jurists of Islam grasped with certainty that it is
Allah Subhanahu wa Ta'ala alone Who has the right to make lawful or to prohibit a matter,
either through His Book or through the tongue of His Messenger (peace be on him). The
jurists' task does not go beyond explaining what Allah has decreed to be halal or haram
"when He has explained
to you in detail what He has made haram for you." (6:119) It is definitely not their task to decide what is to be
allowed and what is to be prohibited to human beings. Thus the great jurists, in spite of
their scholarship and ability of ijtihad (deduction from analogy), shied away from
pronouncing judgements concerning matters of halal and haram, passing the
problem from one to the other out of fear of committing the error of declaring halal what
is actually haram and vice-versa.
In his book Al-Umm, Imam Shafi'i narrated that Abu
Yusuf, a
companion of Abu Hanifah and a chief judge (qadi), said:
I know that our knowledgeable teachers avoided saying, 'This is halal and that is haram,'
apart from what they found clearly stated without requiring an interpretation in the
Book of Allah. We have been told by Ibn al-Saib that al-Rabi' bin Khaytham, one of the
greatest of the second generation Muslims, said, 'Beware that none of you says,
"Allah has made this lawful or approves of it," and that Allah may then say that
He did not make it lawful nor approve it, or that you say, "Allah has prohibited
this," and that Allah may then say, "You lie! I did not prohibit it nor
disapprove of it." Some companions of Ibrahim alNakh'i, a great jurist of Kufah among
the second generation Muslims, have told us of his mentioning his colleagues as saying,
when they gave a judgement concerning something, 'It is disapproved' or 'There is no harm
in it,' rather than, 'It is haram' or 'It is halal,' as haram and halal
are terms of much greater import. (AI-Umm,
vol. 7, p. 317.)
This is what Abu Yusuf has reported concerning our righteous
forebearers and what al-Shafi'i has quoted from him, in agreement with his position.
Similarly, Ibn Muflih reported the great scholar Ibn Taymiyyah, as saying that the jurists
of the early days of Islam did not term anything haram unless it was definitely
known to be so. (This is further
supported by the fact that the companions did not give up the drinking of alcohol after
the revelation of the Qur'anic verse, "They ask thee concerning wine and gambling.
Say: In them is great sin and some benefit," (2:219) since this verse did not
definitely prohibit drinking prior to the revelation of the verses in Surah al-Maida. (5:93-94
(90-91)) In the same spirit, the great imam Ahmad
ibn Hanbal, when asked about some matter, would say, "I disapprove of it" or
"It does not appeal to me," or "I do not like it" or "I do not
prefer it." Similar reports are narrated concerning Malik, Abu Hanifah, and all the
other imams (may Allah be pleased with them). (This is a lesson to the followers of such imams who freely use
the word "haram' without having a proof, or even a semblance of proof.)
|
|
While Islam reprimands all those who, on
their own authority, declare what is lawful and what is prohibited, it is more strict with
respect to those who voice prohibitions; for the tendency to set up prohibitions results
in hardship for human beings, unjustifiably narrowing what Allah has made spacious for His
creatures. Moreover, this tendency is prevalent among some of those who go to extremes in
matters of religion and must be checked. The Prophet (peace be on him) fought against this
pseudo-pietism and zealotry by every means, warning those who indulged in it with the
words, "The zealots will
perish," repeated three times. (Reported by Muslim, Ahmad, and Abu
Daoud.)
The Prophet (peace be on him)
characterized his Message by saying, "I have been sent with what is straight and easy". (Reported by Ahmad)
The straightness of his Message
consists of belief in tawheed (the unity of Allah) and its ease in practice and
legislation, in contrast to shirk (Ascribing partners, or associating others, with Allah. (Trans.)) and to the prohibiting of good things of this life. The
Prophet (peace be on him) has mentioned all this in a hadith qudsi (A hadith in which the Prophet (peace be on
him) refers a saying to Allah, the Prophet himself being merely the narrator. Unlike the
Qur'an, one cannot say of a hadith quasi that "Allah said it." In the
case of a hadith quasi, the meaning is from Allah but the words are the Prophet's,
transmitted to him either through a vision or revelation. (Trans.)), reporting the saying of Allah
Ta'ala: They prohibited to people what I had made lawful for
I created people upright (hunafah). Then the evil ones came to them and led them
astray from their religion them and commanded them to associate with Me that for which I
had not sent down any authority. (Reported by Muslim.)
Prohibiting something which is halal
is similar to committing shirk, and this is why the Qur'an censures the
idolaters of Arabia for their polytheism, their idols, and for prohibiting to themselves,
without any authority from Allah, the eating and the use of certain kinds of produce and
cattle. Among these prohibited animals were those which were called bahirah, saibah,
wasilah, and ham during the pre-Islamic period of jahiliyyah. (The state of mind and conditions of life prior to
the advent of Islam, characterized by deviation from the guidance of Allah and the
adoption of ungodly systems and ways of life. (Trans.))
Bahirah (the slit-eared) denoted a female camel which had given birth to five calves,
the last of which was a male. The ear of such a camel was slit and she was loosed to roam
freely; she was not to be ridden, milked, or slaughtered, and was free to eat and drink
from any place she liked without hindrance. Saibah referred to a male or female
camel which was released to roam freely because of a vow, usually made following a safe
return from a journey, the cure of an illness, or for some other reason. As for wasilah,
if the firstborn of a female goat were a male, the polytheists would sacrifice him to
their gods, while if it were a female they would keep her for themselves. In the case of
twin offspring, one female and the other male, they would say, "He is her
brother," and instead of sacrificing the male they would release him to roam free; he
was known as wasilah. And if a male camel's second generation offspring was capable
of carrying a rider, they would let the older camel go free, saying, "He saved his
back," and calling him al-ham.
While there are other interpretations of these four terms, they are
all of a similar nature. The Qur'an rejected these prohibitions and left no excuse for
those who practiced them to follow the errors of their forefathers: Allah did not institute bahirah or saibah or
wasilah or ham; but those who disbelieve forge a lie against Allah, and most
of them do not use their reason. When it is said to them, 'Come to what Allah has revealed
and to the Messenger,' they say, 'What we found our fathers doing is enough for us.' What!
And even though their fathers did not know anything and were not rightly guided? (5:103-104)
In Surah al-An'am, there is a detailed discussion of what such
people claimed to be haram of camels, oxen, sheep, and goats. In this context the
Qur'an uses an ironic style of rhetorical questioning to convince them of their error:
Eight pairs (of cattle), two of sheep and two of
goats. Say: Has He forbidden the two males or the two females or that which the wombs of
the two hold? Inform me with knowledge if you are truthful. And two (pairs) of camels and
two of oxen. Say: Has He forbidden the two males or the two females? (6:143-144)
In another discussion contained in Surah al-A'raf, Allah
Subhanahu wa Ta'ala rejects the claims of all prohibitors, laying down the final criteria
governing prohibitions: Say:
Who has forbidden the adornment of Allah which He has brought forth for His servants, and
the good things of His providing?...Say: What my Lord has indeed prohibited are shameful
deeds, whether open or secret, and sin and rebellion without just cause, and that you
associate with Allah that for which He has sent down no authority, and that you say
concerning Allah that about which you do not know. (7:32-33)
A significant aspect of these discussions is that they were revealed in
Makkah. The Makkan revelations invariably dealt with matters of faith, the oneness of
Allah Ta'ala, and the Hereafter. We may therefore deduce that, in the sight of Allah, this
matter of declaring things to be prohibited without any authority from Him was not a minor
matter but one which pertained to the fundamentals and general principles of the faith.
In Madinah certain Muslims showed a tendency toward asceticism, denying
themselves some permissible pleasures. Then, in order to keep them within the limits set
by Himself and bring them back to the straight path of Islam, Allah revealed the following
strongly-worded verses: You who
believe! Do not make haram the good things which Allah has made halal for
you, and do not transgress; indeed, Allah does not like the transgressors. And eat of what
Allah has provided for you, lawful and good, and fear Allah, in Whom you are believers. (5:87-88)
|
|
It is the right of Allah, the One Who
created human beings and bestowed innumerable gifts on them, to legalize or prohibit as He
deems proper, and to place obligations and responsibilities upon them as He sees fit. As
His creatures, they have neither the right to question nor to disobey Him. But Allah
Subhanahu wa Ta'ala is not arbitrary in what He commands. Because He is merciful to His
servants, He makes things halal and haram for a reason, with peoples'
well-being in view. Accordingly, He has neither permitted anything except what is pure nor
has He prohibited anything except what is impure.
It is true that Allah Ta'ala had prohibited certain good things to the
Jews, but this was only as a punishment for their rebelliousness and transgression of the
limits set by Allah. Thus He says: And to the Jews We forbade every animal with claws, and of cattle and
sheep We have forbidden them their fat, except what is carried on their backs or entrails,
or what is connected to the bone; thus did We recompense them for their rebelliousness,
and indeed, We speak the truth. (6:146)
Elsewhere in the Qur'an Allah has described other manifestations of
this rebellious attitude: Because
of the wrongdoing of the Jews, We prohibited to them some of the good things which had
been permitted to them, and because of their hindering many from the path of Allah, and
their taking usury although they had been forbidden to do it, and their wrongfully
devouring peoples wealth... (4:160-161)
When Allah sent His final Messenger (peace be on him) with the eternal
complete religion to humanity after it had developed to a state of maturity, He
demonstrated His mercy by removing these prohibitions, which had been a temporary penalty
for a rebellious, stiff-necked people.
(See, for example, Exodus 32:9. (Trans.)) And the
coming of the Prophet (peace be on him) who would relieve them of this burden was foretold
to the Jews and Christians, who, as the Qur'an states: ...they find described in their own scriptures, in the Taurat and
the Injeel. He commands them what is right and forbids them what is evil; He makes
lawful to them what is good and makes unlawful what is foul; He releases them from their
burdens and from the yokes which were upon them... (7:157) (Taurat refers
to the original scripture revealed to the Prophet Moses by God, and Injeel to what
He revealed to the Prophet Jesus. These are not to be confused either with the existing
Torah or Old Testament, or the four Gospels of the New Testament. (Trans.))
In Islam, ways other than
prohibiting the good things were prescribed by Allah Ta'ala for the eradication of sins:
sincere repentance' which cleanses sins as water cleanses dirt; good deeds, which
compensate for evil ones; spending in charity, which extinguishes fire; and trials and
sufferings, which disperse sins as the winter wind disperses dry leaves. Accordingly, we
know that in Islam things are prohibited only because they are impure or harmful. If
something is entirely harmful it is haram, and if it is entirely beneficial it is halal;
if the harm of it outweighs its benefit it is haram, while if its benefit
outweighs its harm it is halal. This principle is explained in the Qur'an in
relation to wine and gambling: They
ask thee concerning wine and gambling. Say (O Prophet): In them is great sin and some benefit for human
beings, but the sin is greater than the benefit.... (2:219)
By the same logic, if it is asked, what is halal in Islam,
the answer is, the good things. Good things are those which moderate people acknowledge to
be wholesome and which are approved by human beings in general without relation to the
habits of a particular group. Allah Ta'ala says: They ask thee what is lawful to them (as food). Say: Whatever is
good is lawful to you.... (5:4)
He also says: Today whatever is good
is made lawful to you....(5:5)
The Muslim is not required to know exactly what is unclean or harmful
in what Allah has prohibited; it may be hidden from him but be apparent to someone else,
or its harm may not have been discovered during his lifetime but may be understood at a
later period. What is required of a Muslim is simply to say, "We have heard and we
shall obey." Do we not observe that Allah prohibited the eating of pork without the
Muslims being aware of the reason for its prohibition apart from the fact that the pig is
a filthy animal? Centuries passed, and then scientific research discovered the presence of
parasites and deadly bacteria in its flesh. Yet even if scientific research had discovered
nothing in pork, or if it had discovered much more than this, the Muslim would still
continue to believe it to be unclean.
Another example of this is in the Prophet's saying:
"Avoid three abominable acts (that is, the one
who does them is cursed by Allah and by the people): defecating in streams, defecating on
roadways, and defecating in shaded places." (Reported by Abu
Daoud, Ibn Majah and al-Hakim, and classified
as sahih by Baihaqi.)
People of earlier times merely knew
that these were filthy acts, abhorrent to civilized taste and public manners. With the
advancement of science, we now know that these "three abominable acts" are hazards to public health, as they are the root cause of the spread of such
dangerous diseases as hookworm (ankylostoma) and bilharzia (schistosomiasis).
Thus, as the light of knowledge penetrates more deeply and new
discoveries are made, the beneficial aspects of the Islamic legislation relating to the
lawful and the prohibited—in fact, the benefits of all its legal
injunctions—become apparent to us. How could it be otherwise when they come from the
Wise, All-Knowing, and Merciful God? ...and Allah knows the mischief-monger from the one who puts things
aright. And if Allah had willed, He could have put you into difficulties; indeed, Allah is
Mighty, Wise...and Allah knows the mischief-monger from the one who puts things
aright. And if Allah had willed, He could have put you into difficulties; indeed, Allah is
Mighty, Wise. (2:220)
|
|
One of the beauties of Islam is that it has
prohibited only such things as are unnecessary and dispersible, while providing
alternatives which are better and which give greater ease and comfort to human beings.
This point has been explained by Ibn al-Qayyim:
Allah has prohibited seeking omens by drawing lots but has provided the alternative of istikhara
(Islam teaches that if the Muslim faces a
problem he should consult with others and seek guidance fAllah. The meaning of istikhara
is to ask guidance from Allah in making a choice between two conflicting decisions.
For this there is a salat and a du'a (supplication).) which is
a supplication for seeking Allah's guidance.
He has prohibited usury but has encouraged profitable trade. He has prohibited gambling
but has permitted betting on forms of competition which are useful for their (the Muslims)
religious striving, such as horse or camel racing and competing in marksmanship.
He has prohibited (to men) the wearing of silk but has given them the choice of other
materials such as wool, linen, and cotton.
He has prohibited adultery, fornication, and homosexuality but has encouraged lawful
marriage. He has prohibited intoxicating drinks in order that they may enjoy other
delicious drinks which are wholesome for the body and mind. And He has prohibited unclean
food but provides alternative wholesome food.
(Rawdah al-Muhibbeen, p. 10, and A'alam al-Muwaqq'in, vol. 2, p.111.)
Thus, when we survey the Islamic injunctions in their totality, we find
that if Allah limits the choice of His servants in relation to some things, He provides
them with a still wider range of more wholesome alternatives in relation to other things
of a similar kind. For assuredly Allah has no desire to make peoples' lives difficult,
narrow, and circumscribed; on the contrary; He desires ease, goodness, guidance, and mercy
for them, according to His saying: Allah desires to make clear to you and to guide you to the ways of the
(righteous) people before you and to turn to you in mercy; and Allah is Knowing, Wise. And
Allah desires to lighten your burden, for man was created weak. (4:26-28)
|
|
Another Islamic principle is that if
something is prohibited, anything which leads to it is likewise prohibited. By this means
Islam intends to block all avenues leading to what is haram. For example, as Islam
has prohibited sex outside marriage, it has also prohibited anything which leads to it or
makes it attractive, such as seductive clothing, private meetings and casual mixing
between men and women, the depiction of nudity, pornographic literature, obscene songs,
and so on.
Accordingly, Muslim jurists have established the criterion that
whatever is conducive to or leads toward the haram is itself haram. A
similar principle is that the sin of the haram is not limited only to the person
who engages in it but extends to others who have supported him in this, materially or
morally; each is held accountable according to his share. For example, in the case of
intoxicating drinks, the Prophet (peace be on him) cursed not only the one who drinks them
but also the one who produces them, the one who serves them, the one to whom they are
served, the one to whom the price of them is paid, etc. This point will be discussed again
later. Again, in the matter of usury, the Prophet (peace be on him) cursed the one who
pays it, the one to whom it is paid, the one who writes the contract, and the one who acts
as a witness thereto. Accordingly, we derive the rule that anything which assists in the
doing of what is haram is itself haram, and anyone who helps another person
to do it shares in the sin of it.
|
|
Just as Islam has prohibited whatever leads
toward the haram, it has also prohibited resorting to technical legalities in order
to do what is haram by devious means and excuses inspired by Satan. It has
reprimanded the Jews for resorting to such practices. The Prophet (peace be on him) said:
"Do not do what the Jews did in order to
(technically) legalize Allah's prohibitions by flimsy excuses.''
(This hadith is
in Ighathat al-Lahfan by Ibn al-Qayyim, vol. 1, p. 308. The author says: "This
was reported by 'Abdullah bin Battah on good authority, and al-Tirmidhi classifies a
similar hadith as sahih.")
This is a reference to the fact
that Allah had prohibited the Jews to hunt on the Sabbath (Saturday). To get around this
prohibition, they would dig ditches on Friday so that the fish would fall into them on
Saturday, to be caught on Sunday. Those who resort to rationalizations and excuses to
justify their actions consider such practices to be permissible, but the jurists of Islam
consider them haram, since Allah's purpose was to prevent them from hunting on the
Sabbath, whether by direct or indirect means.
Calling a haram thing by a name other than its own or changing
its form while retaining its essence is a devious tactic, since obviously a change of name
or of form is of no consequence as long as the thing and its essence remain unchanged.
Thus, when some people invent new terms in order to deal in usury or to consume alcohol,
the sin of dealing in usury and drinking remains. As we read in the collections of ahadith,
A group of people will make peoples'
intoxication halal by giving it other names. (Reported by Ahmad.)
A time will come when people
will devour usury, calling it "trade." (Reported by al-Bukhari and Muslim )
And among the strange phenomena of our time is that people term
obscene dance "art," liquor "spirits," and usury "interest."
|
|
In all its legislations and moral
injunctions, Islam lays great stress on nobility of feelings, loftiness of aims, and
purity of intentions. The Prophet (peace be on him) said, "Actions will be judged by intentions, and
everyone will be recompensed according to what he intended." (Reported by al-Bukhari.) Indeed, in Islam the routine matters of life and its mundane affairs are
transformed into acts of worship and devotion to Allah by good intentions. Accordingly, if
one eats food with the intention of sustaining life and strengthening his body in order
that he may be able to carry out his obligations to his Creator and to other human beings,
his eating and drinking are considered worship and devotion to Allah Ta'ala. Again, if one
enjoys sexual intimacy with his wife, desiring a child and seeking to keep himself and his
wife chaste, it is considered an act of worship on his part, deserving of reward in the
Hereafter. Concerning this the Prophet (peace be on him) said: When you satisfy your desire with your wife, it is
counted for you as an act deserving of reward. Those who were listening to him said:
Messenger of Allah, how can it be that one of us satisfies his desire and will then be
rewarded for it? The Prophet (peace be on him) replied: Would he not be sinful if he had
satisfied it in a prohibited manner? Consequently, if he satisfies it in a permissible
manner, there is a reward for him. (Reported by
al-Bukhari and Muslim. )
He also said: Anyone who desires what
is permissible from the world, keeping himself away from sins, working for the sake of his
family, and taking care of his neighbor, will meet his Lord with a face shining like the
full moon. (The text of the hadith was narrated by
al-Tabarani. )
In this manner, whenever any
permissible action of the believer is accompanied by a good intention, his action becomes
an act of worship. But the case of the haram is entirely different; it remains haram
no matter how good the intention, how honorable the purpose, or how lofty the aim may
be. Islam can never consent to employing a haram means to achieve a praiseworthy
end. Indeed, it insists that not only the aim be honorable but also that the means chosen
to attain it be pure. "The end justifies the means" is not the maxim of the Shari'ah,
nor is "Secure your right even through wrong-doing." This can never be, for
the Shari'ah demands that the right should be secured through just means only.
If someone accumulates wealth through usury, forgery, gambling, prohibited games, or in
any other haram manner in order to build a mosque, establish a charitable
foundation, or to do any other good work, the guilt of having done what is haram will
not be lifted from hbecause of the goodness of his objective; in Islam good aims and
intentions have no effect in lessening the sinfulness of what is haram. This is
what the Prophet (peace be on him) taught us when he said: Allah is good and does not accept anytbut good, and Allah has
commanded the Believers, as He commanded His messengers, saying 'O you messengers! Eat of whatever is good and work
righteousness. Indeed, I am aware of what you do.' (The Qur'an 35:31.) He also said, 'O you who believe! Eat of the good things which We
provide for you. (2:172.) The Prophet (peace be on him) then said, A man
travels far, unkempt and dust-stained (for hajj, umrah, or the like), raising his
hands to the sky (and saying), 'O Lord! O Lord!' while eating what was haram, drinking
what was haram, wearing what was haram, and nourishing himself through haram
means. How then could his prayers be accepted? (Reported by Muslim and
al-Tirmidhi on the authority of Abu Hurairah.)
He also said:
If anyone amasses wealth through haram
means and then gives charity from it, there is no regard for him and the burden of sin
remains. (Reported by Ibn
Khazimah, Ibn Hibban, and al-Hakim on the authority of Abu Hurairah)
Again he said:
If a person earns property through haram
means and then gives charity, it will not be accepted (by Allah); if he spends it
there will be no blessing on it; and if he leaves it behind (at his death) it will be his
provision in the Fire. Indeed, Allah Ta'ala does not obliterate one bad deed by another
bad deed, but He cancels out a bad deed by a good deed. An unclean thing does not wipe
away another unclean thing. (Reported
by Ahmad and others on the authority of Ibn Mas'ood.)
|
|
It is Allah's mercy to human beings that He
did not leave them in ignorance concerning what is lawful and what is prohibited. Indeed,
He has made explicit what is halal and explained what is haram, as He says:
...He has explained to you what He has made haram
for you.... (6:119)
Accordingly, one may do what is lawful and must avoid what is prohibited
insofar as he has the choice. However, there is a gray area between the clearly halal and
the clearly haram. This is the area of what is doubtful. Some people may not be
able to decide whether a particular matter is permissible or forbidden; such confusion may
be due either to doubtful evidence or because of doubt concerning the applicability of the
text to the particular circumstance or matter in question.
In relation to such matters, Islam considers it an act of piety for the
Muslim to avoid doing what is doubtful in order to stay clear of doing something haram.
This is similar to what was discussed earlier concerning the blocking of the avenues
which lead to what is haram. Such a cautious approach, moreover, trains the Muslim
to be farsighted in planning and increases his knowledge of affairs and people. The root
of this principle is the saying of the Prophet (peace be on him): The halal is clear and the haram is clear.
Between the two there are doubtful matters concerning which people do not know whether
they are halal or haram. One who avoids them in order to safeguard his
religion and his honor is safe, while if someone engages in a part of them he may be doing
something haram, like one who grazes his animals near the hima (the grounds
reserved for animals belonging to the King which are out of bounds for others' animals);
it is thus quite likely that some of his animals will stray into it. Truly, every king has
a hima, and the hima of Allah is what He has prohibited. (Reported by al-Bukhari' Muslim, and others; the
narration is taken from al Tirmidhi.)
|
|
In the Shari'ah of Islam the haram
has universal applicability; here there is no such thing as that which is prohibited
to a non-Arab but permitted to an Arab, nor anything which is restricted to a Black but
allowed to a White. For in Islam there are no privileged classes or individuals who, in
the name of religion, can do whatever they please according to their whims. Muslims do not
have any privilege of making something haram for others while it is lawful for
themselves; this cannot be, for truly Allah is the Lord of all, and the Shari'ah of
Islam is the guide for all. Whatever Allah has legislated through His Shari'ah is lawful
for all human beings and whatever He has prohibited is prohibited to all human beings
until the Day of Resurrection.
As an example, stealing is equally haram for the Muslim and the
non-Muslim; the punishment for it is the same, regardless of the family or the origin of
the thief. The Prophet (peace be on him) firmly enforced this rule, proclaiming,
"By Allah, if Fatimah, the daughter of
Muhammad, were to steal, I would have her hand cut off."
(Reported by
al-Bukhari.)
A case of theft was brought before
the Prophet (peace be on him) involving two suspects, the one a Jew and the other a
Muslim. Some relatives of the Muslim advanced circumstantial evidence to cast doubt on the
Jew in order to save their man while he was, in fact, guilty. The Prophet (peace be on
him) was almost persuaded to believe that the Muslim was innocent. Then a revelation was
sent down exposing the conspiracy, clearing the Jew of the crime and directing the Prophet
(peace be on him) to establish justice without any bias: Indeed, We have sent down to thee the Book with the truth, so
that thou mightest judge between the people as shown by Allah; then do not be an advocate
for the treacherous, and seek forgiveness of Allah; indeed, Allah is Forgiving, Merciful.
And do not plead on behalf of those who deceive themselves; indeed, Allah does not like
the one who is treacherous and sinful. They may hide from men, but they cannot hide from
Allah, for He is with them even when they hold, by night, discourse not pleasing to Him,
and Allah encompasses what they do. Ah! You are the ones who pleaded for them in the life
of this world, but who will plead for them with Allah on the Day of Resurrection, or who
will be their guardian? (4:105-109)
In the distorted scripture of the Jews, it is alleged that while usury
or interest is prohibited to the Jew when lending money to a brother Jew, there is no harm
in charging it to a gentile, as stated in Deuteronomy 23:19-20:
You must not lend on interest (usury) to your brother, whether the loan be of money or
food or anything else that may earn interest. You may demand interest on a loan of a
foreigner, but you must not demand interest from your brother, so that Yahweh your God may
bless you in all your giving in the land you are to enter and make your own.
The Qur'an also speaks about another similar tendency among the Jews,
that of cheating others who are not of their race or faith without feeling anything wrong
in it. The Qur'an says: And
among the People of the Book is he who, if entrusted with a single gold coin, would not
return it to thee unless thou constantly stood over him. This is because they say: We have
no duty toward the gentiles, but they utter a falsehood concerning Allah, and they know
it. (3:75) (Gentiles" here refers to the Arabs, who before Islam possessed
neither religion nor a divinely revealed scripture.)
They have unquestionably uttered falsehood in what they have ascribed to Allah, for the
law of Allah does not discriminate between one people and another, and insofar as cheating
is concerned, Allah has condemned it through the tongue of all His messengers and
prophets.
With due apologies, we may say that this tendency to use a double
standard, one for one's "brother" and another for a "foreigner" or
outsider, is a characteristic of primitive ethics. It can never be ascribed to a divinely
revealed religion, for high morality—that is, true morality — is distinguishable
by its universality and comprehensiveness and by its lack of a double standard. The
distinction between us and primitive peoples is not in the existence or absence of a moral
code but in the enlargement of the area of its application. As an example, such people
also consider honesty as a praiseworthy quality, but they restrict its
practice to the people
of their own tribe. When dealing with people from outside their tribe or clan, they see
nothing wrong with cheating them, or in fact recommending or even requiring it.
The author of The Story of Civilization writes, Almost all groups
agree in holding other groups to be infer to themselves. The Amerian Indians looked upon
themselves as the chosen people, specially created by the Great Spirit as an uplifting
example for mankind. One Indian tribe called itself 'The Only Men;' another called itself
'Men of Men;' the Caribs said, 'We alone are people.' The Eskimos believed that the
Europeans had come to Greenland to learn manners and virtues. Consequently, it seldom
occurred to primitive man to extend to other tribes the moral restraints which he
acknowledged in dealing with his own; he frankly conceived it to be the function of morals
to give strength and coherence to his group against other groups. Commandments and taboos
applied only to the people of his tribe; with others, except when they were his guests, he
might go as far as he dared (Will
Durant, The Story of Civilization, Simon and Schuster, New York, 1935, vol. l, pp.
54-55.).
|
|
While Islam has narrowed the range of what
is prohibited, it is, at the same time, very strict in seeing that its prohibitions are
observed. Accordingly, it has blocked the ways, apparent or hidden, leading to what is
prohibited. Thus, what is conducive to the haram is itself haram, what
assists in committing the haram is haram, any rationalization for engaging in the haram
is haram, and so on, to the last of the principles which we have elucidated. At the
same time, Islam is not oblivious to the exigencies of life, to their magnitude, nor to
human weakness and capacity to face them. It permits the Muslim, under the compulsion of
necessity to eat a prohibited food in quantities sufficient to remove the necessity and
save himself from death.
In this context, after listing the prohibited foods in the form of dead
animals, blood, and pork, Allah Ta'ala says: ...But if one is compelled by necessity, neither craving (it) nor
transgressing, there is no sin on him; indeed, Allah is Forgiving, Merciful. (2:173)
And this is repeated at four places in the Qur'an after each mention of the prohibited
foods.
On the basis of these and similar verse of the
Qur'an, Islamic jurists
formulated an important principle, namely, that "necessity removes
restrictions." However, it is to be noted that the individual experiencing the
necessity is permitted to eat the haram food with the stipulation that he is
"neither craving it nor transgressing." This is interpreted to mean that he
should not desire to relish it nor transgress by eating more than the bare amount needed
to satisfy his hunger. From this stipulation, jurists have derived another principle, that
"The quantity permitted is determined by the (magnitude) of the necessity." Here
the underlying idea is that, even though compelled by necessity, a person need not
surrender to it or embrace it with eagerness; rather he must live with what is essentially
halal and seek a way to return to it so that he may not become accustomed to the haram
or begin enjoying it under the pretext of necessity.
In permitting the use of the haram under necessity, Islam is
true to its spirit and general principles. This spirit, which we find permeating its laws,
is to make life easy and less oppressive for human beings, and to lift the burdens and
yokes imposed by earlier systems and religions. True is the saying of Allah, the Almighty:
...Allah desires ease for you,
and He does not desire hardship for you....
(2:185)
...It is not Allah's desire to place a
burden upon you, but He desires to purify you and to perfect His favor on you in order
that you may be thankful. (5:6)
Allah desires to lighten your burden,
for man was created weak. (4:28)
|
| |
|
