Principles of permissibility and prohibition in Islamic law
Islamic law has already laid down the principles of permissibility and
prohibition of all things as well as all human actions. The first
fundamental principles is that all things are lawful for mankind except
what have been prohibited explicitly by Allah in the Quran and by the
Prophet Muhammad (Sm) in his Sunnah (that is his instruction, action or
consent). This principle has been explained in the Quran, the book of
Allah. The Quran in this regard states as follows:
"Allah (SWT) has created everything on earth for (use of) mankind."
(2:29)
"Allah (SWT) has pressed into service of mankind everything on the earth
and in the sky" (45:13)
From the above, it is established that Allah (SWT) has created
everything on the earth and in the sky for the welfare of mankind. By
doing so, Allah (SWT) has shown His great mercy and favor to humanity.
However, He has Himself prohibited use of several things. When Allah has
prohibited something, such prohibition is definitely for the good of
mankind and as such mankind should obey such prohibitions.
In this context, it may be said that the prohibited things are few in
number. On the other hand the area of lawful things is vast and wide.
This has made the life of people very easy with regard to use of things.
The second principle is that only Allah (SWT) has the right to declare a
thing lawful or prohibited. Prophet Muhammad (Sm) under the guidance of
Allah has only explained and detailed out some of the prohibitions and
permissions given by Allah (SWT) in general form. No human being has the
right to declare a thing lawful or prohibited. The Quran has stated in
this regard:
"Do they imagine associates (with Allah) who have made laws for them
which Allah has given no permission" (42:21)
"They have made their priests and their authorities to be their law
giver in derogation to Allah. Yet they were commanded to obey only
Allah, the One." (9:31)
"Say not falsehood that your tongues may put forth that this is lawful
and this is forbidden so as to ascribe false things to Allah. For those
who ascribe false things to Allah will not prosper." (16:116)
Any person who claims the right to declare a thing lawful or prohibited
in effect commits Shirk. Shirk means claiming for oneself any of the
powers, which is the exclusive power of Allah (SWT). Allah particularly
dislikes prohibiting a lawful thing unlawful by any authority. The Quran
states:
"Say who has forbidden the beautiful gifts of Allah (SWT) which He has
produced for His servants and the things clean and pure, which He has
provided for sustenance. Say, they are in the life of this world for
those who believe and exclusively for them on the Day of Judgment. Thus
do We explain in detail the signs for those who understand. Say, the
things that my Lord has indeed forbidden are shameful deeds, whether
open or secret, sins and rebellion against truth, assigning partners to
Allah for which He has given no authority and saying about Allah, things
of which you have no knowledge." (7: 32-33)
Allah has prohibited only shameful things. Allah has not prohibited any
pure, clean, good or harmless things. It is a different matter that
humanity may not always understand the wisdom of some prohibitions of
Allah (SWT). We know the significance of most of the prohibitions. The
significance of other prohibitions may become clearer in future with the
progress of knowledge.
What has been made lawful for us is sufficient. Mankind will never
require resorting to unlawful things. If Allah has made flesh of swine
unlawful, He has made hundred other animal meat lawful. If Islam has
prohibited interest, it has allowed trade, business and investment on
profit and loss basis. If Islam has prohibited adultery, it has made
marriage lawful and easy. If Islam has prohibited wine, it has allowed
many lawful drinks (milk, fruit, juice, etc.).
Another principle of the prohibition in Islamic law is that the means or
causes that lead to unlawful action are also prohibited. For instance,
Islam has prohibited sex outside marriage. Therefore, Islam has
prohibited free mixing of sexes, obscene literature, dress, film etc. In
the eye of Islam, not only the person who commits unlawful action is
guilty but also all others who help him in that regard.
Islam has also prohibited adoption of tricks for legalizing illegal
things. The Prophet of Islam has said, "Do not make unlawful things to
be the lawful through tricks." Islam also said that illegal things do
not become legal only because of good intention. Islam has also
emphasized on the need for avoiding doubtful things to remain off from
illegal things.
Another principle of the permissibility and prohibition in Islamic law
is that what is prohibited, it is prohibited for all. Islam does not
give any special privilege to rich or poor, white or black.
Another important principle in this regard is that a grave necessity
legalizes temporarily an illegal thing. Islam has not ignored the
difficulties of human beings. However such temporary relief is not
unconditional. The Quran says:
"If a person is distress, if he is not rebellious and does not exceed,
(he may eat prohibited food and for that) he will not commit sin. Allah
is Forgiving and Merciful." (2:173)
The Quran further says:
"Allah wishes easiness for you, He does not desire for you hardship."
(2:185)
The aforesaid verses clearly prove that Islam has given the detailed
principles of permissibility and prohibition of things. Mankind can
benefit materially and spiritually if they follow the prohibitions if
Islam.
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