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| Saturday, 23 June 2007 | |
 By Imaam ’Abdur-Rahmaan Ibn Naasir as-Sa’dee and Shaykhul-Islaam Ibn TaymiyyahAn introduction to the principle of ibaahah (permissibility) in Usoolul-Fiqh (Principles of Islaamic Jurisprudence).
‘‘The principle regarding acts of worship is one of prohibition, except if the Sharee’ah (Divinely Prescribed law) relates a prescription for it. And the principle regarding customary behavior is permissibility, except when the Sharee’ah relates a prohibition for it.’’ (Al-Aslu fil-’ibaadaat al-hadhru illaa maa warada ’anish-shar’ee tashree’ahu. Wal-aslu fil-’aadaat al ibaahah illaa maa warada ’anish-shar’ee tahreemahu). [1]
The above principle is an important principle that Islaam teaches. Thus, with regards to matters of ’aadaat (day-to-day actions), such as eating, drinking and wearing clothes, then everything is allowed in this regard, except if there is a clear and authentic evidence restricting or prohibiting its allowance. However, when it comes to ’ibaadaat (acts of worship), then the opposite is the case. Here, nothing can be established as an act of worship, except if there is clear and authentic text to allow it. So the basic principle for ’aadaat is ibaahah (permissibility), whereas the basic principle for ’ibaadaat is tahreem (prohibition). Shaykhul-Islaam Ibn Taymiyyah (d.728H) - rahimahullaah - said:
‘‘Peoples’ sayings and actions are of two kinds: ’ibaadaat (acts of worship) by which their Religion is established, and ’aadaat (customary practices) which are required for day-to-day living. From the principles of the Sharee’ah (Divinely Prescribed Islaamic Law), we know that acts of worship are those acts which have been prescribed by Allaah or approved by Him; nothing is to be affirmed here, except through the Sharee’ah. However, as far as worldly 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 Allaah - the Most Perfect - has restricted. This is the case because commanding and prohibiting are both in Allaah’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 Allaah to establish something, how can we say that something is restricted without His command? This is why Ahmad Ibn Hanbal (d.241H); and other jurists who base their judgements upon ahaadeeth (Prophetic narrations) say: In relation to acts of worship, then the principle is tawqeef (limitation); that is to say, nothing can be legislated in this regard except what Allaah legislates. To do otherwise is to incur the risk of being included in the meaning of the aayah:
‘‘Do they have partners with Allaah who prescribe for them in the Religion that for which Allaah has not given any permission.’’ [Soorah ash-Shooraa 42:21]
However, as far as living habits are concerned, the principle here is freedom because nothing can be restricted in this regard except what Allaah has prohibited. To do otherwise is to be included in the meaning of His saying: ‘‘Say: Do you see what Allaah has sent down to you for sustenance? Yet you have made some part of it halaal (lawful) and some part haraam (prohibited).’’ [Soorah Yoonus 10:59]
Footnotes: [1] Minhaajul-Qaasideen Mukhtasar fee Usoolil-Fiqh (p. 31) of Shaykh ’Abdur-Rahmaan as--Sa’dee. [2] Al-Qawaa’idun-Nooraaniyyah al-Fiqhiyyah (p. 112-113).
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