Permission and Prohibition According to the Principles of Islamic Jurisprudence

 

Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat [Part 27]

This section in al-Waraqat discusses, whether things on which there is no specific Islamic Shariah rule and things whose harmfulness is not confirmed, are prohibited or permitted. 

Opinions of the Scholars on  Permission and Prohibitions of Things that There is No Specific Shariah Rule is Mentioned:

1. Some scholars believe such things are originally prohibited except what the Islamic Shariah has permitted. Thus, if there is no evidence in the Islamic Shariah permitting them, then they are prohibited according to the original rule.

2. Some scholars have the opposite opinion, namely, things are originally permissible except what the Islamic Shariah has prohibited. 

3. Other scholars have chosen not to say whether things are originally permitted or prohibited. 

4. The correct opinion is elaboration on the matter, namely, harmful things are prohibited by Islamic Shariah, and beneficial things are permissible by Islamic Shariah. 

Some Stipulations of Al-Qiyas (Analogical Reasoning) According to the Principles of Islamic Jurisprudence

Al-Qiyas Analogical Deduction) In Islamic Jurisprudence

A CRITICAL INTRODUCTION TO ISLAMIC LEGAL THEORY

based on Imām al‑Ḥaramayn al-Juwaynī’s Kitāb al‑Waraqāt

The Lawful is Clear & the Unlawful is Clear in Islam

 An-Nawawi’s Forty Hadith [6]

An-Nu’man Ibn Bashir, may Allah be pleased with him, said, I heard Messenger Muhammad [peace be upon him] say, ‘Verily, the lawful is clear and verily the unlawful is clear, and there are between them some suspicious matters that many people do not know. Thus, whoever avoids the suspicious matters clears himself regarding his religion and honor. And whoever falls into the suspicious matters falls into the unlawful. He is like a shepherd who herds his cattle around a sanctuary; he is about to let them graze therein. Truly, every king has a sanctuary; truly, the sanctuary of Allah is His prohibitions. Truly, there is a piece of flesh in the body, if it is sound, the entire body will be sound, and if it is spoiled, the entire body will be spoiled. Truly, it is the heart.’ [Al-Bukhari & Muslim]

Short Biography of An-Nu’man Ibn Bashir 

An-Nu’man Ibn Bashir Ibn Sa’d was one of the companions of Messenger Muhammad, the son of his companion Abu Abdul Allah Al-Ansari Al-Khazrji, and a great scholar. An-Nu’man was the first baby among the Ansar, the helpers, namely, the inhabitants of Al-Madianh, born in Al-Madianh after Messenger Muhammad [peace be upon him] migrated to it. 

He narrated a hundred and fourteen hadith from Messenger Muhammad. Messenger Muhammad died while An-Nu’man was eight years and seven months old, which is evidence that the narration of young children is accepted by scholars of hadith. The young child would hear the narration from Messenger Muhammad and then he would narrate it after he became an adult.

An-Nu’man died in 64 A.H. may Allah be pleased with him.

Virtue of the Hadith 

The abovementioned hadith revolves around a great principle in Islam.  The scholars unanimously agree on its ample benefits. Reflecting on the meaning of the hadith, one finds that it commands to perform lawful acts, avoid unlawful acts, refrain from committing suspicious matters, do one’s best to be on the safe side concerning one’s religion and honor, not to do things that cause negative presumption and committing undesired things, and endeavor to perform what amends the heart, etc. 

Explanation of the Hadith

[Verily, the lawful is clear and verily the unlawful is clear, and there are between them some suspicious matters that many people do not know.] 

The lawful matters are clear and the unlawful matters are clear in Islam. However, there are some suspicious matters between them, which cannot be easily known whether lawful or unlawful by some people. 

Thus, things are divided into three categories.

First, lawful things that all people know, such as fruit and vegetables are lawful.

Second, unlawful things that all people know, such as wine is prohibited.

Third, suspicious things that are unclear whether they are lawful or unlawful. Many people do not know whether they are lawful or unlawful; however, the scholars know their rules by referring to the Quran and the Sunnah of Messenger Muhammad.

[Thus, whoever avoids the suspicious matters clears himself regarding his religion and honor.]

Whoever avoids suspicious matters and keeps himself away from them clears himself from whatever thing that may negatively affect his religion and honor. 

[And whoever falls into the suspicious matters falls into the unlawful.]

Whoever falls into the suspicious matters by committing them falls into the unlawful and commits it.

[He is like a shepherd who herds his cattle around a sanctuary; he is about to let them graze therein.]

The example of a person, who commits unlawful acts by not keeping himself away from suspicious matters, is like a shepherd, who herds his cattle around a sanctuary that its owner prohibits others from grazing therein. As he herds his cattle close to the sanctuary, his cattle will likely graze in the sanctuary.

The intended meaning is that kings usually have protected places that ordinary people are prohibited from using. Allah, Exalted be He, has the greatest example. Allah is the King of kings. He has a sanctuary, namely, His prohibitions that He has commanded people to avoid. He has warned those who commit prohibited things of severe punishment. Therefore, it is more becoming for people to revere the commands of Allah and avoid His prohibitions just as common people revere their kings. 

[Truly, there is a piece of flesh in the body, if it is sound, the entire body will be sound, and if it is spoiled, the entire body will be spoiled. Truly, it is the heart.]

Truly, there is a piece of flesh in the body, if it is sound by believing in the Oneness of Allah and sincerely performing righteous deeds for His sake, the entire body will be sound. On the other hand, if this piece of flesh is spoiled by disobeying the commands of Allah, the entire body will be spoiled. This part of the body is the heart. 

Learned Lessons from the Sixth Hadith of the Forty Hadith of An-Nawawi 

• The lawful and the unlawful are clear in Islamic law, but there are some suspicious matters that only the scholars know.

• The Muslim should avoid suspicious matters to preserve his religion and honor from falling into inappropriate situations and blameworthy matters.

• Those who come close to suspicious matters will easily commit unlawful matters. 

• Lawful earning brightens the heart and makes it sound, and vice versa. 

• The rank of the heart is great; therefore, one should do his best to make it free of blameworthy matters. 

Creation of Man

Prohibition of Bid’ah in Islam

Some Stipulations of Al-Qiyas (Analogical Reasoning) According to the Principles of Islamic Jurisprudence

Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat by Imam Al-Juwayni [Part 26]

• The effective cause is an appropriate attribute for both the original case and the new case. For example, intoxication is an appropriate attribute for prohibiting wine by analogy with alcoholic liquor. 

• The original case is established by the evidence on which both the disputants agree. In other words, the original case is established by evidence from the Quran, the Sunnah, or scholarly consensus. 

• Whenever the effective cause is present, the rule exists. For example, whenever intoxication is present, the rule, namely, prohibition, exists. The effective cause must not cease to exist in a literal or connotation sense, i.e. non-existence of the effective cause in a literal sense: the presence of the effective cause without the rule. Non-existence of the effective cause in a connotation sense: the presence of the appropriate attribute without the existence of the rule.

• The rule must follow the effective cause in case of existence and non-existence, namely, if the effective cause exists, the rule exists; and if the effective cause does not exist, the rule does not exist. For example, whenever intoxication exists, the rule of probation exists; and whenever intoxication does not exist, the rule of prohibition does not exist.

• The effective cause is the cause that brings about the rule.

• The rule is the result that is brought about by the effective cause.

A Critical Edition, English Translation, and New Commentary on
Imām al‑Ḥaramayn al-Juwaynī’s (Kitāb al‑Waraqāt fī uṣūl al‑fiqh)
Types of Al-Qiyas in Islamic Jurisprudence
Transmitted Reports ‘Al-Akhbar’
al-Juwayni, Abu'l Ma'ali (1028-85)

Do Not Waste a Moment without Performing a Righteous Deed

This article is an excerpt from Sayd Al-Khatir (Captured Thought) by Ibn Jawzi. It discusses the importance of time and emphasizes that one should do his best to take advantage of his time as much as he can.

One should know the value of his time and the importance of his time. Thus, he will not waste any moment thereof without performing a righteous deed, and offering the best of the best of statements and deeds.

His intention should always be to perform righteous acts without any slackness while taking into consideration not to do acts that are beyond the body’s endurance. It was mentioned in a narration, ‘The good intention of the believer is better than his deed.’

It was reported that many of the righteous predecessors used to take advantage of their time.

It was reported that a man said to Amir Ibn Abd Qays, ‘Talk with me.’ Amir replied, ‘Could you hold the sun.’ [He meant could you stop the passing of time.] 

The son of Thabit Al-Banani said, ‘I went to prompt my father to utter the testimony of faith, namely, there is no god worthy of worship but Allah and Muhammad is His Messenger. Then, he said to me, ‘O my son, leave me alone for I am reading the sixth part of my daily invocations.’

It was reported that some people went to one of the righteous predecessors when he was about to die, and found him praying. Thus, they blamed him for doing so. But he said, ‘Now the record of my deeds is about to be folded.’ 

That being the case, if one knows – even if he does his best to take advantage of his time – that death will prevent him from performing righteous deeds, he should do acts whose rewards will be recorded for him after his death. If he owns some wealth, he should endow endowment, plant a plant, and dig a river. He should also endeavor to have righteous offspring that remember Allah. Thus, he will be rewarded for their righteous deeds, or he should write a beneficial book because the scholar’s books are his immortal children.

Finally, he should do his best to perform righteous deeds based on firm knowledge. Thus, his righteous deeds will be imitated by others. 

Indeed, such a person has not died, as the saying goes,

‘… some people died, but they are still alive among people.’

Exhortations and the Listeners
Exhorting to Perform More Righteous Deeds Before Death
Learned Lessons from Surah Joseph Ayah 1-6

Prohibition of Bid’ah in Islam

An-Nawawi’s Forty Hadith [5]

Aisha, the mother of the believers, may Allah be pleased with her and her father, reported that Messenger Muhammad [peace be upon him] said,

‘He, who introduces something to this matter of ours that which does not belong to it, will have it rejected.’ [Al-Bukhari & Muslims]

Meaning of the Hadith

This hadith is one of the principles of Islam. 

‘This matter of ours’ refers to Islam.

‘Introduce something’: innovates something in the religion of Islam that has no evidence in the Quran and the Sunnah of Messenger Muhammad [peace be upon him].

‘Will have it rejected’: It is void. 

Learned Lessons from the Hadith

• It is prohibited to introduce something to Islam even with good intention.

• Following the teachings of Islam is realized by performing deeds according to its guidance; otherwise, it will be rejected.

• Any act of worship that has no evidence in the Quran or the Sunnah of Messenger Muhammad is void.

• The religion of Islam is complete and there is no deficiency in it.

An-Nawawi’s Forty Hadith [2]

Categories of Transmitted Hadith in Sunnah

An-Nawawi's Forty Hadiths(Translation)

5th Hadith - Religious Innovation 

The Noble Quran Surah Jonah English Translation and Tafsir Kindle Edition

Some Information about the World of the Jinn

English Translation and Tafsir of Surah Al-Jinn Ayah 8-15 

72:8 And we sought to reach haven, but we found it filled with strong guards and shooting stars.

72:9 And we used to sit there in positions for hearing, but whoever listens now will find a shooting star in wait for him.

72:10 And we know not whether evil is intended for those on earth, or whether their Lord intends guidance for them.

72:11 And there are among us some that are righteous and some of us are otherwise; we are groups following different ways.

72:12 And we think that we can never escape from Allah on earth and we can never escape from Him by flight.

72:13 And when we heard the guidance, we believed in it; and whoever believes in his Lord, he shall fear neither loss nor oppression.

72:14 And there are among us some that are Muslims and some of us are unjust. So whoever has submitted –those are who have sought the right path.

73:15 And as for the unjust, they shall be firewood for Hell. 

Relationship with the Previous Part

The previous part mentions some information about the jinn. This part continues speaking about the same topics and gives more information about the world of the jinn.

Tafsir

72:8 And we sought to reach haven, but we found it filled with strong guards and shooting stars.

The ayah mentions what the jinn say when they came near heaven and tried to eavesdrop on the conversation there.

The jinn say, ‘We sought to reach heaven to eavesdrop on the conversation there as we used to do before we believe in the Oneness of Allah and the Quran, but we found it filled with strong guards and shooting stars to prevent us from eavesdropping.’

If one of the jinn tries to eavesdrop on the conversation in heaven a shooting star will be sent against him. Thus, he will be burned.

Said Ibn Jubayr, may Allah be pleased with him, said, ‘The jinn used to eavesdrop on the conversation in heaven. Then, shooting stars were sent against them. Thus, they said, ‘There is something that  has happened in heaven because of something that has happened on earth.’ Therefore, they set out to find out the reason. They found Messenger Muhammad leading his companions in Al-Fajr prayer after coming out of Okaz market. Thus, they went to their fellows among the jinn to inform them about the matter.’ 

 72:9 And we used to sit there in positions for hearing, but whoever listens now will find a shooting star in wait for him.

The jinn say, ‘And we used to sit in heaven in positions where we could hear the conversation there. However, whoever listens now there will find a shooting star in wait for him to burn him.’ 

The intended meaning is that the jinn confirm their belief in the Oneness of Allah and Messenger Muhammad and motivate their fellows among the jinn to follow their example. 

Imam Ibn Kathir, may Allah have mercy on him, said, ‘Allah, Exalted be He, mentions that when He sent Muhammad as His Prophet and Messenger and revealed the Quran to him, heaven was filled with strong guards that all its parts were guarded. The devils were expelled from heaven and were unable to reach the positions where they used to sit to eavesdrop on the conversation in heaven to prevent them from eavesdropping on the revelation of the Quran and taking it to the soothsayers. Thus, the matter would be unclear and the truth would be unknown. This indicates Allah’s bounty and mercy on His slaves and His great ability to guard His revelation. Therefore, the jinn say, ‘72:8 And we sought to reach haven, but we found it filled with strong guards and shooting stars.72:9 And we used to sit there in positions for hearing, but whoever listens now will find a shooting star in wait for him.’ 

72:10 And we know not whether evil is intended for those on earth, or whether their Lord intends guidance for them.

In this ayah, the jinn acknowledge that they do not know the news of the unseen. Only Allah knows the unseen and the seen and nothing in this universe is hidden from Him, Exalted be He.

The jinn say, ‘We do not know whether evil is intended for those on earth, or whether their Lord intends guidance for them by guarding heaven and preventing us from eavesdropping on its news.’

The jinn’s statement indicates their decent manner as they attribute guidance to Allah and do not attribute evil openly to Allah, Exalted be He. Thus, they combine decent a manner with sound belief by believing in the Oneness of Allah.

72:11 And there are among us some that are righteous and some of us are otherwise; we are groups following different ways.

The jinn say, ‘There are among us some that are righteous, who believe in the Oneness of Allah, do not worship any god besides Him, and obey His commands, and among us some that are disobedient to the commands of Allah. We are groups that follow different ways and have different levels of righteousness.’

In other words, the jinn describe their conditions. They mention that some of them are righteous and some are unrighteous. They have different attitudes and characters in the life of this world.

72:12 And we think that we can never escape from Allah on earth and we can never escape from Him by flight.

 In this ayah, the jinn acknowledge the perfect ability of Allah and that they can never escape from His authority.

The jinn say, ‘After believing in the Oneness of Allah, we believe that we can never escape from the authority of Allah on earth and we can never escape from Him in any other place no matter where it may be. We are under the power and authority of Allah everywhere.’

In other words, the jinn expressly admit the perfect power and authority of Allah, and that they can never escape from Him anywhere in the universe.

72:13 And when we heard the guidance, we believed in it; and whoever believes in his Lord, he shall fear neither loss nor oppression.

The jinn say, ‘When we heard the guidance of the Quran inviting us to follow the right path, we immediately believed in it. Whoever believes in his Lord and what He reveals to His Messenger Muhammad, he shall fear neither loss by decreasing his reward, nor oppression by increasing his sins. Rather, he shall be recompensed justly for all his deeds and rewarded immensely for his righteous deeds.’

The intended meaning of the ayah is affirming the perfect justice of Allah and that no one will be treated unjustly. 

72:14 And there are among us some that are Muslims and some of us are unjust. So whoever has submitted –those are who have sought the right path.

The jinn say, ‘There are among us some that are Muslims, who submit to Allah and worship Him alone, and some of us are unjust, who follow the path of misguidance. Whoever has submitted to Allah and obeyed His commands –those are who have sought the right path leading to happiness in the life of this world and the Hereafter.’

73:15 And as for the unjust, they shall be firewood for Hell. 

 As for the unjust, who follow the path of misguidance, they shall be firewood for Hell, where they will suffer severe and lasting punishment. They deserve such painful torment because they disobey Allah.

Learned Lessons from Surah Al-Jinn Ayah 8-15

• After sending Muhammad as the Messenger of Allah, the jinn were prevented from eavesdropping on the news of heaven. Strong guards from the angels are put in to prevent them from reaching the news of heaven and shooting stars were sent against them if they eavesdropped on the news of heaven.
• The jinn could not understand why heaven was guarded strongly. They did not know whether evil was intended for the inhabitants of the earth, or whether Allah wanted guidance for them. 
• Before sending Muhammad as the Messenger of Allah, some of the jinn were righteous and others were otherwise. They followed different ways and have different attitudes and beliefs in the life of this world. 
• The jinn admitted they could never escape from the punishment of Allah in heaven or earth because the authority and power of Allah are perfect.
• The jinn’s immediate belief in Messenger Muhammad after listening to the recitation of the Quran is proof that he has been sent to both human beings and the jinn.
• Whoever believes in the Oneness of Allah, obeys His commands, and avoids His prohibitions will never fear decreasing his righteous deeds or injustice by increasing his sins. Allah is just and He will recompense all creatures justly.
• Some of the jinn have submitted to the commands of Allah and believed in His Oneness, while others are rebellious wrongdoers, who will suffer severe punishment in Hell on the Day of Judgment.

Introduction to Tafsir of Surah Yusuf

Some of the Jinn Believes in the Oneness of Allah and the Quran

The Noble Quran Surah Maryam English Translation and Tafsir Kindle Edition

  

 

Creation of Man

 An-Nawawi’s Forty Hadith [4]

Abdul Allah Ibn Mas’ood, may Allah be pleased with him, said,

Messenger Muhammad [peace be upon him] who is the truthful, and the trusted, told us, ‘Truly, the creation of one of you is assembled in the womb of his mother for forty days in the form of a drop of fluid. Then, it becomes a clot for a similar period. Then, it becomes a lump that looks like a chewed morsel for a similar period. Then, an angel is sent to him. He blows the soul into him and he is commanded to write four matters: he writes his sustenance, his life span, his deeds, and whether he will be among the wretched or the blessed. By the One, Whom there is no deity worthy of worship but Him, verily, one of you performs deeds of the people of Paradise that only arm’s length remains between him and it, but what was written in the record prevails so he performs deeds of the people of Hell. Thus, he enters it. Verily, one of you performs deeds of the people of Hell that only arm’s length remains between him and it, but what was written in the record prevails so he performs deeds of the people of Paradise. Thus, he enters it.’

[Al-Bukhari & Muslims]

Learned lessons from An-Nawawi’s Forty Hadith [4]

• The hadith mentions stages of the creation of man.

• The believer should always pray to Allah to make his faith firm until he dies as a believer in the Oneness of Allah.

• The believer should always ask Allah to protect him from an evil end of his life, namely, dying in a state that displeases Allah.

• Only Allah knows how the end of man will be. He knows whether he will be among the people of Paradise or Hell.

• The Day of Judgment will certainly take place. The One Who created man from a drop of fluid is able to resurrect him for reckoning.

• The believer must believe in what was written on the preserved Tablet. 

An-Nawawi’s Forty Hadith [1]

An-Nawawi’s Forty Hadith [2]

The Noble Quran Surah Yusuf English Translation and Tafsir Kindle Edition 

The Noble Quran Surah Jonah English Translation and Tafsir Kindle Edition

Exhortations and the Listeners

Excerpt from Sayd al-Khatir (Caught Thoughts) by Abu Al-Faraj Ibn Al-Jawzi

A person may sometimes experience a strong awakening after listening to an exhortation. However, after leaving the place of hearing the exhortation, hardness, and heedlessness return to his heart. I reflected on the cause of such a state and knew it.

People vary when it comes to this matter. 

The condition of the heart is different before and after listening to the exhortation. There are two reasons for such a condition of the heart.

First: Exhortations are like whips. The pain caused by the whips does not last after the lashing stops, and their pain is felt at the time of lashing. 

Second: When listening to the exhortation, the person is free from all distractions, and detaches himself from all worldly diversions. He listens attentively to the exhortation. However, when he returns to his normal life occupations, they take his entire attention. Thus, how can he return to his former state?

This is the condition of most people; however, people vary in the degree of continuity of the heedfulness caused by the exhortation.

Some of them resolve to go ahead without a second thought and without any hesitation. If their natural disposition causes them some distraction, they become restless. This was the case with Hanzalah when his natural disposition distracted him for a while. He said, ‘Hanzalah has become a hypocrite.’ [Hanzalah was a companion of Messenger Muhammad. He said so because he experienced the same condition that is described in the above lines]. 

Others are inclined to heedlessness at times, and they comply with the guidance of the exhortations at other times. They are similar to a wheatear that tilts here and there whenever the wind blows. 

Finally, for other people, the effect of the exhortation vanishes by the time they have finished listening to it. Their condition is similar to water that is poured over a smooth rock, namely, nothing of the water remains on the rock.

Exhorting to Perform More Righteous Deeds Before Death

How the Disbelievers Listen to the Quran

Translation from Ibn Al-Jawzi’s Sayd Al-Khatir (Quarry of the Mind) | Management of the Self

The Noble Quran Surah ar-Ra’d English Translation and Tafsir