In the name of Allah, the Compassionate, the
Merciful
Say: Who has
forbidden the adornment of Allah which He has brought forth for His servants, and the good
things of His providing? Say: They are, on the Day of Resurrection, exclusively for those
who believed during the life of this world. Thus do we explain the signs for those who
know. 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)
The General Institute of Islamic Culture of
al-Azhar University has requested me to participate in an academic project of writing
easily understandable books or pamphlets which, when translated into the English language,
would introduce Islam and its teachings to Europe and America, educating the Muslims who
reside there and attracting the non-Muslims toward Islam.
Assuredly this project of producing books
and pamphlets has both a lofty aim and a broad scope. It should have been initiated long
ago, since many Muslims in Europe and America have very little knowledge of Islam, and
even that little has not remained safe from distortion and confusion. Recently a friend
from al-Azhar who was sent to one of the states in the United States of America wrote to
us, saying, "Many Muslims in this state run bars and earn their living through the
sale of liquor, not even knowing that this is a major sin in Islam." He adds,
"Muslim men marry Christian, Jewish and sometimes mushrik (Ascribing partners, or associating others, with
Allah. (Trans.)) women, passing over the Muslim women,
who remain unmarried and have to fend for themselves."
If this is the state of the Muslims, what
can be said of the non-Muslims? People in the West have a very distorted and ugly picture
of Islam, its Prophet (may Allah's peace and blessings be on him), and its followers, a
picture painted by Christian missionaries and the representatives of the imperialist
powers. They have used all means of propaganda at their disposal to malign Islam and to
prejudice the minds of people against it, while we, at the same time, have been heedless
and neglectful of combating this malicious propaganda.
It is indeed high time to launch an
educational project in order to remedy this situation, to inform people about the truth of
Islam, and to invite them toward it. We welcome this blessed step, commending these
devoted people of al-Azhar; we request them to redouble their efforts in this direction,
and pray to Allah to bless and help them always.
The Institute of Islamic Culture assigned
me the task of writing on the subject of the lawful (al-halal) and the prohibited
(al-haram) in Islam, requesting that I present the subject in a simple and easily
understandable manner which was also to include a comparison with other religions and
cultures.
At first glance the subject of the lawful
and the prohibited may seem easy to write about, but it is, in fact, extremely difficult.
No previous author, either early or modern, has compiled a book dealing specifically with
this topic. The student will find material pertaining to this subject scattered throughout
various chapters in books on Islamic jurisprudence (fiqh), and between the lines in the
commentaries on the Qur'an and in books of the Prophet's ahadith.
Such a subject, moreover, compels the
writer to be definitive concerning many matters about which earlier scholars have differed
and contemporary scholars are confused. Consequently, to prefer one opinion over another
in matters relating to the halal and the haram in Islam requires patience, thoroughness in
research, and intellectual exertion on the part of the researcher - all this after he has
purified his heart from all desires except to please Allah Subhanahu wa Ta'ala and to seek
the truth.
It is my observation that most
contemporary researchers and writers about Islam fall into one of two groups. The vision
of one group has been blinded by the glamour of Western civilization. Overawed by this
great idol, they worship it, approach it imploringly, and stand before it humbly, with
downcast eyes, accepting Western principles and customs as unassailable and proven beyond
doubt. Accordingly, if some aspect of Islam agrees with these principles and customs, they
praise and extol it, while if some aspect opposes them, they try to find similarities and
agreements, offer excuses and apologies, or resort to far fetched explanations and
distortions, as if Islam had no choice except to surrender to the philosophy and customs
of Western civilization. When we examine their views, we find that they permit things
which Islam has prohibited, such as statues, lotteries, interest, being in privacy with a
non-mahrem woman, a man's wearing gold and silk, and so on. They frown upon things which
Islam has permitted, such as divorce and plurality of wives, as if, in their view,
whatever is legal in the West is halal and what is illegal is haram. They forget that
Islam is the word of Allah and that His word is always uppermost. Islam came to be
followed, not to follow; to be dominant, not subordinate. How can the Lord of men follow
men and how can the Creator submit to the whims of His creatures? (If the reality had been in accord with their desires, the heavens and the
earth, and whosoever is therein, would have been in corruption...) (Holy
Qur'an 23:71) (The numbering of Qur'anic chapters
and verses used throughout this book is the standard numbering used in all editions of the
Qur'an. The sole exception is in relation to Surah al-Maidah, the fifth
Surah, the
numbering of which differs slightly between the translations of A. Yusuf'Ali and those of
other translators. Where verses from this surah are cited, the numbering used by Yusuf
'Ali is given first and the numbering used by such translators as Pickthall,
Maududi, M.
Asad and others is given in brackets immediately following it. (Trans.))
(Say: Is there among your partners (whom you associate with
Allah) any who guides to the truth? Say: Allah guides to the truth. Then does He Who
guides to the truth have more right to be obeyed, or the one who is not guided unless he
receives guidance? Then what is wrong with you all? How do you judge?) (10:35)
The other group is frozen in its fixed
opinions concerning questions about the halal and the haram, following a statement in a
text which they assume to be Islam. They do not budge a hair's breadth from their
position, nor do they try to weigh their opinion against the arguments of others, and to
arrive at the truth after a comparison and critical evaluation of all opinions. If one of
them were to be asked his opinion concerning music, singing, chess, women's education, a
woman's showing her face and hands, and similar matters, the most likely word to issue
from his tongue would be Haram. This group has forgotten the caution exercised by our
righteous forebearers in such matters, who never applied the word haram to anything unless
they knew it to be definitely prohibited. If there were the slightest doubt concerning the
matter they would only say, "We disapprove of it" or "We do not like
it," or some other similarly mild statement.
I have endeavored not to be in either
of these two groups. I cannot compromise my religion by taking the West as my god after
accepting Allah as the Lord, Islam as the religion, and Muhammad (peace be on him) as the
Messenger. At the same time, I cannot compromise my intellect by following one particular
school of jurisprudence in all its judgements, whether right or wrong, suspending my own
faculty of reasoning and discernment. "A blind follower," in the words of Ibn
al-Jawzi, "does not have any trust in what he follows. To imitate is to suspend the
use of the intellect, whereas the intellect is created for thinking and reasoning. It is
stupidity when a person is given a light to show him the way, he should extinguish it and
walk in darkness.''(Talbis Iblis, p. 81.)
This is why I have not confined
myself to any one of the several schools of jurisprudence (madhahib, singular
madhab)
prevalent in the Islamic world, for the truth is not the monopoly of any one school. The
leading scholars of these schools never claimed that they were infallible; they were, in
fact, researchers who sought to know the truth. If they erred in a ruling they will have a
reward, while if they were correct, their reward will be twice as great.
Said Imam Malik, "The word of any
person other than the Prophet (peace be on him) is sometimes accepted and sometimes
rejected. " And Imam Shafi'i commented, "My opinion is correct with the possibof
its being in error. An opinion different from mine is in error with the possibility of its
being correct."
While it is not worthy of a Muslim
scholar who is capable of comparing and choosing to tie himself to a single school of
jurisprudence or to submit to the opinion of a particular jurist, he must give weight to
arguments and proofs. The jurist with strong arguments and a valid proof deserves to be
followed, while the one with weak arguments and incorrect proofs should be rejected,
regardless of who he is. On this point, Imam
'Ali says, "Truth is not to be learned on the basis of authorities. Learn the truth
and then you will know who the truthful ones are."
I have tried, to the best of my
ability, to follow the guidelines of the Institute of Islamic Culture. Thus I have
presented the material supported by arguments, proofs, and comparisons, utilizing the
latest scientific ideas and contemporary knowledge. Alhamdulillah, Islam is like the
radiant sun, whose light bears the proof that it is an eternal religion for all mankind.
(The hue imparted by Allah - and who is better than
Allah in imparting a hue?) (Holy Qur'an 2:138)
The concept of the lawful and the
prohibited has been known to every people since ancient times. However, people have
differed in defining the scope, variety, and causes of taboos and prohibitions, most of
which were a product of their primitive beliefs, superstitions, and myths. Then came the
divinely-revealed religions, (According
to the Qur'an there has been only one true, authentic faith, Al-Islam. Islam means the
attainment of peace through conscientious and loving submission to the Will and Guidance
of Allah. This was the mission of all Prophets and Messengers in human history. It is the
same fundamental faith which was revealed to Moses, Jesus, and Muhammad (peace be upon
them). The original revelations given to Moses and Jesus are no longer available in their
complete, original and unadulterated form. The Qur'an is the only divine revelation which
was meticulously preserved in it's complete, original, and unadulterated form. As such, it
is to be used as the criterion to judge the authenticity of the present forms of previous
revelations.) with their laws and injunctions
concerning the halal and the haram, uplifting the human being from the level of
superstition, myth, and tribalism to the level of dignity which befits a human being.
However, in the religions revealed
prior to Islam there were some prohibitions and permissions which were legislated for a
temporary period, in relation to the specific conditions of the people and their
environments. For example, Allah prohibited some good things to the Children of Israel as
a punishment for their rebellious attitude; thereafter, Jesus (peace be on him) told the
people that he had come (...confirming the truth of what was
before me of the Taurat and to make lawful to you some of what was prohibited to you...)
(3:50) (Taurat refers to the original scripture
revealed to the Prophet Moses by God.)
Finally, when mankind had reached
the stage of intellectual maturity and was ready to receive the last message from Allah
Subhanahu wa Ta'ala, Islam came with its complete, comprehensive, and eternal Shari'ah
(law) for the whole of mankind. Concerning this, after mentioning what He has prohibited
as food, Allah says, (...This
day I have perfected your religion for you and have completed my favor upon you, and have
chosen Islam for you as the religion...) (5:3)
The Islamic view of the halal and the haram
is very simple and clear. It is a part of that great trust which Allah offered to the
heavens, the earth, and the mountains, which they declined but which man accepted. This
trust requires man to carry out the duties placed on him by Allah as His viceregent on
earth and to assume accountability concerning them. This responsibility is the basis on
which the human individual will be judged by Allah and given his reward or punishment.
Because of this trust, Allah gave man intellect, will power, and freedom of choice;
because of this, He sent His messengers and revealed His Books. It is not for man to ask,
"Why is there halal and haram? Why am I not left free to do as I please?" for
this is precisely the test of his freedom of choice and action. Moreover, man is neither a
purely spiritual being like the angels nor simply a creature of instinct like the animals.
Rather he occupies a position between the two: he can attain or even surpass the spiritual
heights of the angels, or he can sink to the level of the beasts, or even lower.
From another perspective, the halal and
haram are part of the total legal system of Islam, its Shari'ah, a system whose primary
objective is the good of mankind. The Islamic Shari'ah removes from human beings harmful,
burdensome customs and superstitions, aiming to simplify and ease the business of
day-today living. Its principles are designed to protect man from evil and to benefit him
in all aspects of his life. And they are designed to benefit everyone in the
community—the rich and the poor, the rulers and the ruled, the men and the
women—as well as to benefit the whole of humanity throughout the earth in various
countries and climes, with its multitude of groupings, and in every period of time
throughout succeeding generations.
This religion came as a mercy from
Allah to include all His servants in the final stage among the various stages of man.
Concerning His Messenger (peace be on him) Allah says, (And
we have not sent thee except as a mercy for all the worlds.) (21:107), and
the Prophet (peace be on him) himself said, "I am a
merciful gift". (Reported by
al-Hakim on the authority of Abu Hurairah; al-Dhahabi classifies this hadith as
authentic.)
One aspect of this mercy is that
Allah removed from the Muslim ummah (nation or community) all traces of fanaticism and
zealotry, as well as all the means of declaring things to be halal and haram; contrary to
the case of the idolatrous and the People of the Book (Jews and Christians), whose priests
had prohibited the good things and permitted the foul. Allah says: (...My mercy embraces all things. Thus I shall
ordain it for those who are conscious (of me) and who give the purifying alms (zakat), and
those who believe in our revelations.) (7:156)
The Islamic criteria with regard to the
halal and haram are embodied in the following two verses, which we have placed at the
beginning of this book:
(Say: Who has forbidden the adornment of Allah which He has brought forth
for His servants, and the good things of His providing? Say: They are, on the Day of
Resurrection, exclusively for those who believed during the life of this world. Thus do we
explain the signs for those who know. 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)
In view of the fact that the halal and
haram constitute such an important subject, I believe that this book, in spite of its
modest size, will fill a gap in the library of the contemporary Muslim; that it will solve
many problems which he faces in his personal, family, and social life; and that it will
answer many questions of this kind: What is permitted to me? What is prohibited to me? And
what is the reason for permitting this and prohibiting that?
In bringing this introduction to a close, I
would like to express my thanks to the scholars of al-Azhar and the Institute of Islamic
Culture for placing their trust in me to deal with such a vital subject. I hope I have
proved worthy of their trust and have achieved their objective.
I pray to Allah Subhanahu wa Ta'ala to
benefit those people who read this book, to give us truthfulness in what we say and do, to
keep our thoughts and our pens from aberrations, and to guide us in all our affairs. It is
He alone who listens to supplications.
Dr. Yusuf al-Qaradawi
Safar 1380/August 1960
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