Principles of Permissibility and Prohibition in Islamic Law
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In the name of Allah, the Most-Merciful, the All-Compassionate
"May the Peace and Blessings of Allah be Upon You"
Bismillah Walhamdulillah Was Salaatu Was Salaam 'ala Rasulillah
As-Salaam Alaikum Wa-Rahmatullahi Wa-Barakatuhu
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Principles of Permissibility and Prohibition in Islamic Law
Islamic law has laid down the principles of permissibility and prohibition of all things as well as all human actions.
The first fundamental principle is that all things are lawful for mankind except what has been prohibited explicitly by Allah in the Qur’an and by the Prophet Muhammad (SAAS) in his Sunnah (his instructions, actions or consents). This principle has been explained in the Qur’an.
The Qur’an states as follows: Allah has created everything on earth for (use of) mankind (Qur’an, 2: 29). Allah has pressed into service of mankind everything on the earth and the sky (Qur’an, 45: 13).
From these, it is established that Allah (SWT) has created everything on the earth and 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 some thing, such prohibition is definitely for the good of mankind and mankind should obey such prohibitions. In this context, it may be noted that the prohibited things are few in number. On the other hand, the lawful things are vast and wide. This has made our life very easy with regard to the use of things.
The second principle is that Allah (SWT) only has the right to declare a thing lawful or prohibited. Prophet Muhammad (SAWS) laid Social Laws of Islam under the guidance of Allah (SWT). He has only explained and detailed out some of the prohibitions and permissions in general form. No human being has the right to declare a thing lawful or prohibited.
The Qur’an has stated in this regard:
1. Do they imagine associates (with Allah) who have made laws for them for which Allah has given no permission (Qur’an, 42: 21);
2. 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 (Qur’an, 9: 31);
3. Say not a 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 (Qur’an, 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 prerogatives which are exclusive to Allah (SWT). Allah particularly dislikes the prohibiting of a lawful thing unlawful by any authority.
The Qur’an states, Say, who has forbidden the beautiful gifts of Allah 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 details 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 Social Laws of Islam, assigning partners to Allah for which He has given no authority and saying about Allah things of which you have no knowledge (Qur’an, 7: 32-33).
Allah has prohibited only harmful 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. 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 hundreds of other animal’s 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, fruits, juices etc.) Another principle of prohibition in Islamic law is that the means or causes that lead to unlawful action is also prohibited.
For instance, Islam has prohibited sex outside marriage. Therefore, Islam has prohibited the free mixing of sexes, obscene literature, dress, films 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 (SAAS) of Islam has said, Do not make unlawful things to be lawful through tricks. Islam also says that illegal things do not become legal only because of good intention. Islam has also emphasized 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 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 Qur’an says, If a person is in 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 (Qur’an, 2: 173). The Qur’an further says that, Allah wishes easiness for you, He does not desire for you hardship (Qur’an, 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 of Islam.
Courtesy:Shah Abdul Hannan
Compiled, edited and adapted by Khalid Latid.