QuranCourse.com
Need a website for your business? Check out our Templates and let us build your webstore!
The Mubaah is the Khitaab (address) of the Shaari’ in providing the choice between doing and leaving without alternative (Min Ghair Badal). The Ibaahah (permissibility) is from the Ahkaam Ash-Shar’iyah because it is the address of the legislator and it is necessary for the permissibility to be established from an address of the legislator that mentions it. That is because Allah Ta’Aalaa has explained the Hukm Ash-Shar’iy for every matter and in respect to every action. Allah (swt) said:
And We have revealed upon you the Kitaab as an explanation for every matter (An-Nahl 89).
Therefore, the Mubaah is not that which the Shar’a has remained silent upon but rather it is that which the Shar’a has explained its Hukm to be Mubaah. As such, the permissibility (Ibaahah) of hunting is clear from the statement of Allah (swt):
But when you finish the Ihram (of Hajj or 'Umrah), you may hunt (Al-Maa’idah 2).
The same applies to the permissibility of dispersing after Salaat-ul-Jumu’ah and seeking Rizq as it has come in His Qawl Ta’Aa
Then when the (Jumu'ah) Salat (prayer) is finished, you may disperse through the land, and seek the Bounty of Allah (Jumu’ah 10).
As for the Qawl of the Messenger (saw):
The Halaal is that which Allah has made Halaal in His Kitaab and the Haraam is that which Allah has made Haraam in His Kitaab and that which has been silent upon then it is from that which he has pardoned (Ibn Maajah and At-Tirmidhi from Salmaan Al-Faarisy).
This does not mean that what the Qur’aan has been silent upon is Mubaah because there are things which have been made Haraam and things that have been made Halaal within the Hadeeth (Sunnah). The meaning that is intended from ‘that which has been silent upon’ is its being made Halaal. Its being made Halaal is considered to represent a pardoning (‘Afw) from Allah and the silence mentioned in this Hadeeth and others like it signifies the Sukoot (silence) from the Haraam and not the Sukoot (silence) in respect to explaining the Hukm Ash-Shar’iy for an action or matter.
Reference: Al-Waadih Fee Usool ul-Fiqh - Muhammad Hussein Abdullah
Build with love by StudioToronto.ca