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The Islamic Personality4 min readViewed 2 times

37.6 The permissible [al-mubāh]


The permissible is that which textual evidence indicates upon as being the address of the legislator with a choice given in it between performance and abstention, without one being preferred over the other. The permissibility [ibāhah] is from the legal rulings, because it is ascertained from the legislator’s address, and cannot otherwise be established. The ibāhah is not the removal of harm from the commission of an action or its omission. If this were the case then its legislation would be established before the advent of the revelation, whilst there is no revelation prior to its coming. Rather the ibāhah is that which the address of the legislator came with of choice between performance and abstention. It is established from the revelation and after its advent; hence it is from the ahkām shari’ah.

The legal rulings in which permissibility has been established must each be based on the revelation. These rulings are not that about which the revelation is silent, such that it neither prohibits nor allows them. As for what was narrated by al-Tirmidhi from Salman al-Farisi (ra) that he said, “The Messenger of Allah (saw) was questioned about ghee, cheese and fur, so he said, ‘The halāl is that which Allah has made halāl in his Book, and the harām is that which Allah has made harām in his Book, and on that which He remained silent, it is from that which He has conceded [‘afa ‘anhu]’”, this does not indicate that that which the Qur’an is silent on is mubāh. This is because there are things prohibited and permitted in the Hadith, and it is authenticated from the Prophet (saw) that he said, “Indeed I have been given the Qur’an and its like with it” (Ahmad). Hence the meaning in the above Hadith is that which the revelation remained silent on. Yet the revelation remaining silent about something does not mean that it is permissible because his (saw) saying in the hadith, “The halāl is that which Allah has made halāl” includes everything that is not prohibited, so it includes the wājib, the mandūb, the mubāh, and the makrūh, since it is true of all of these that they are permissible in the sense that they are not prohibited. Therefore ‘that which He remained silent on’ does not mean that it is mubāh.

As for his (saw) saying, “on that which He remained silent, it is from that which He has conceded”, and his (saw) saying in another hadith, “and that which He remained silent on, then it is a concession” (Bayhaqi), and his saying in another hadith, “and He has remained silent about things as a concession to you, not out of forgetfulness, so do not ask about them” (Bayhaqi), the meaning of His silence on things is His making them halāl, such that His making them halāl is considered a concession from Allah, and a mercy to the people. This is by the evidence of the saying of the Messenger (saw) narrated in the hadith of Sa’d ibn Abi Waqqas, “The worst of the Muslims amongst the Muslims is the one who asks about a thing which is not prohibited on them and consequently becomes prohibited upon them due to his questioning,” (Muslim), referring to the one who asks about a thing about the prohibition of which the revelation is silent.

Thus silence in this ahādith is silence from prohibition, not silence from clarifying the hukm shar’i. The later interpretation is not tenable since Allah has not remained silent from clarifying the hukm shar’i. To the contrary He has clarified it in all things, as He (swt) says,

“And we sent down to you the book explaining all things” (al-Nahl: 89); thus the mubāh is not that which the revelation is silent on, rather it is that which the revelation expounds as being mubāh. Further, the rulings of permissibility all come with their specific evidence. Thus the permissibility of hunting is clear in His (swt) saying,

“And when you remove the ihram then go forth and hunt” (al-Ma’idah: 2); and the permissibility of spreading out after salat al-jumu’a is clear in His (swt) saying,

“Then when the prayer is completed, disperse…” (al-Jumu’a: 10); and the permissibility of trade is clear in His (swt) saying

“And Allah has permitted trade” (al-Baqarah: 275); and the permissibility of leasing [ijārah], agency [wakālah], mortgaging [rahan] and the like are all clear in their evidences. Therefore ibāhah is a legal ruling the establishment of which requires legal evidence.

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Chapters (185)
  1. 1Transliteration Guide
  2. 21. Personality
  3. 31.1 The Islamic Personality
  4. 41.2 The Formation Of Personality
  5. 51.3 Gaps In Conduct
  6. 62. The Islamic Aqidah
  7. 72.1 The Meaning Of Imān In The Day Of Resurrection
  8. 82.2 The Emergence Of The Mutakallimīn And Their Approach
  9. 92.3 The Error In The Methodology Of The Mutakallimīn
  10. 102.4 How The Issue Of Al-qadaa’ Wa‘l- Qadar Emerged
  11. 112.5 Al-qadr
  12. 122.6 Al-qadā’
  13. 132.7 Al-qadā’ Wa‘l-qadar
  14. 142.8 Guidance And Misguidance
  15. 152.9 The Termination Of The Life-span [ajāl ] Is The Sole Cause Of Death
  16. 162.10 Provision [rizq] Is In The Hands Of Allah Alone
  17. 172.11 The Attributes [sifāt] Of Allah
  18. 182.12 The Muslim Philosophers
  19. 192.13 The Prophets And Messengers
  20. 202.14 The Infallibility Of The Prophets
  21. 212.15 The Revelation
  22. 222.16 It Is Not Allowed On The Part Of The Messenger Pbuh That He Be A Mujtahid
  23. 233. The Noble Qur'ān
  24. 243.1 The Compilation Of The Qur’ān
  25. 253.2 The Qur’ānic Script
  26. 263.3 The Miracle Of The Qur’ān
  27. 274. The Sunnah
  28. 284.1 The Sunnah Is A Sharī’ah Evidence Like The Qur’ān
  29. 294.2 Inferring Evidences From The Sunnah
  30. 304.3 The Solitary Report (khabar Al-ahad) Is Not A Decisive Proof (hujjah) For Beliefs
  31. 314.4 The Difference Between The ‘aqīdah And The Sharī’ah Rule (hukm Shar’i)
  32. 325. Ijtihād And Taqlīd
  33. 335.1 Expert Research (ijtihād)
  34. 345.2 The Conditions Of Ijtihād
  35. 355.2 Taqlīd
  36. 365.3 The Reality Of Taqlīd
  37. 375.4 The States Of Muqallidin And Their Preponderant Qualifications
  38. 385.5 Migrating From One Mujtahid To Another
  39. 396. Learning The Sharī’ah Rule
  40. 407. The Strength Of The Evidence (quwwa Al-dalīl)
  41. 418. Consultation (shūrā) Or The Adoption Of An Opinion In Islam
  42. 429. Science And Culture
  43. 439.1 The Islamic Culture
  44. 449.2 The Method Of Study In Islam
  45. 459.3 Acquisition Of Culture (thaqafa) And Sciences
  46. 469.4 The Cultural Movement
  47. 479.5 The Position Of Muslims With Regards To Non- Muslim Cultures
  48. 4810. The Islamic Disciplines
  49. 4910.1 Tafsīr (qur’ānic Exegesis)
  50. 5010.2 The Exegetical Approaches Of Mufassirun
  51. 5111. Sources Of Tafsīr
  52. 5211.1 The Ummah's Need Today For Mufassirin
  53. 5312. The Science Of Ḥadīth (‘ilm Al-ḥadīth)
  54. 5412.1 The Hadīth
  55. 5512.2 The Transmitters Of Hadīth (ruwat Al Hadith)
  56. 5612.3 The One Whose Narration Is Accepted And The One Whose Narration Is Not Accepted And The Exposition Of (the Science Of) Invalidation And Attestation Of Reliability (al-jarh Wa Ta'dīl)
  57. 5712.4 Narrations Of The Muslim Sects
  58. 5812.5 Arration By Meaning (riwaya Bil Ma’na) And Abridgement Of The Hadīth
  59. 5912.6 Categories Of Hadīth
  60. 6012.7 Categories Of The Khabar Al-ahād
  61. 6112.8 The Accepted Hadīth (maqbul) And The Rejected Hadīth (mardud)
  62. 6212.9 The Mursal Hadīth
  63. 6312.10 The Ḥadīth Qudsi
  64. 6412.11 The Inability To Prove The Authenticity Of A Hadīth From Its Sanad Does Not Indicate That It Is A Weak Hadīth
  65. 6512.12 Consideration Of The Hadīth As An Evidence In The Sharī’ah Rules
  66. 6613. Prophetic Biography (sīrah) And History
  67. 6714. The Principles Of Islamic Jurisprudence (usūl Al-fiqh)
  68. 6814.1 Fiqh (jurisprudence)
  69. 6914.2 The Development Of Fiqh
  70. 7014.3 The Effect Of Disputes And Debates (munazarat) On Islamic Jurisprudence
  71. 7114.4 The Flourishing Of Islamic Jurisprudence
  72. 7214.5 The Decline Of Islamic Jurisprudence
  73. 7314.6 The Myth Of The Influence Of Roman Law On Islamic Jurisprudence
  74. 7415. Studying Fiqh
  75. 7516. Examples (namadhij) Of Fiqh
  76. 7617. The Khilafah
  77. 7717.1 The Time Limit Given For Muslims To Appoint A Khalifah
  78. 7817.2 Contracting (in’iqad) The Khilafah
  79. 7917.3 The Pledge (bay’ah)
  80. 8017.4 The Conditions Of Eligibility For The Khalifah
  81. 8117.5 Seeking The Khilafah Post
  82. 8217.6 The Unity Of The Khilafah
  83. 8317.7 Succession (istikhlaf) Or Reign (‘ahd)
  84. 8417.8 The Method To Appoint The Khalifah
  85. 8517.9 The Shar'a Did Not Designate A Specific Person For The Khilafah
  86. 8617.10 General Responsibilities/duties
  87. 8718 The Islamic State Is A Human State And Not A Theocratic State.
  88. 8818.1 Deposing Or Removal Of The Khalifah
  89. 8919. The Leadership (al-imarah)
  90. 9019.1 Obedience (at-ta’ah)
  91. 9119.2 The Khalifah's Adoption Of Rules And Styles I.e. Adopting Canons
  92. 9220. Jihad
  93. 9320.1 The Khalifah And Jihad
  94. 9420.2 The Meaning Of The Khalifah Supervising The Army's Leadership
  95. 9520.3 The Martyr
  96. 9620.4 Guarding The Frontiers (ar-ribat)
  97. 9720.5 The Islamic Army
  98. 9820.6 Seeking The Assistance Of Disbelievers In Fighting
  99. 9920.7 Preparing The Islamic Army
  100. 10020.8 Flags And Banners
  101. 10120.9 Captives
  102. 10221. The War Policy
  103. 10321.1 Lying In War
  104. 10421.2 Spying
  105. 10521.3 Truce (hudna)
  106. 10621.4 Military Alliances
  107. 10721.5 Permissible Treaties
  108. 10821.6 Emergency Treaties
  109. 10921.7 Annulling Treaties
  110. 11021.8the Belligerent Disbeliever (kafir Harbi)
  111. 11121.9 The Protected Person (al-m'ustamin)
  112. 11221.10 The Rules Of The Dhimmi
  113. 11322. Implementing Islam Is Obligatory Upon The Disbelievers
  114. 11423. The Jizyah
  115. 11524. The Lands Of Ushr, Kharaj And Sulh (truce)
  116. 11625. Dar Al-kufr And Dar Al-islam
  117. 11726. The Believer's Befriending The Disbelievers
  118. 11826.1 The Emigration (hijrah) From Dar Al-kufr To Dar Al-islam
  119. 11927. The Position Of Islam On Slaves And Slavery
  120. 12027.1 Treating Slaves
  121. 12127.2 Treating Slavery
  122. 12228. Relationships Between Individuals
  123. 12329. Trade (bai’)
  124. 12429.1 Everything Forbidden For Man, Trading It Is Also Forbidden
  125. 12529.2 It Is Not Allowed To Sell What You Do Not Have
  126. 12629.3 The Selling Of Advance Credit (as-salam)
  127. 12729.4 Buying Fruits While They Are Still On The Tree
  128. 12829.5 Sale On Credit And Instalments (taqseet)
  129. 12929.6 Brokerage (samsara)
  130. 13030. Hiring
  131. 13130.1 The Employee
  132. 13230.2 The Wage
  133. 13330.3 Estimating The Wage
  134. 13430.4 The Amount Of The Wage
  135. 13530.5 Paying The Wage
  136. 13630.6 Types Of Employees
  137. 13730.7 There Is No Labour Problem In Islam
  138. 13830.7 Hiring Assets
  139. 13930.8 Renting Houses For Residence
  140. 14031. All Bribery Is Forbidden
  141. 14132. Mortgage/ Pledging Security
  142. 14232.1 The Pledgee Benefiting From The Pledge
  143. 14333. The Bankrupt
  144. 14434. Transfer Of A Right (al-hawala)
  145. 14535. Drawing & Painting
  146. 14636. Usul Al-fiqh
  147. 14736.1 Al-hākim
  148. 14836.2 There is no hukm Prior to the coming of the revelation
  149. 14936.3 The legally responsible with respect to the shari’ah rulings
  150. 15037. The conditions of legal responsibility [shurūt al-taklīf]
  151. 15137.1 The legal ruling [al-hukm al-shar’i]
  152. 15237.2 The address of legal responsibility [khitab al-taklīf]
  153. 15337.3 The obligatory [al-wajib]
  154. 15437.4 That which is required to fulfill a wājib is itself wājib
  155. 15537.5 The prohibition [al-harām]
  156. 15637.6 The permissible [al-mubāh]
  157. 15737.7 The declaratory address [khitāb al-wad’]
  158. 15938. The Cause ( Al Sabab)
  159. 16039. The Condition ( Al Shart)
  160. 16140. The Prohibitive ( Al Manay)
  161. 16241. The Validity, The Invalidity, And The Corruption ( Al Sihhah, Wal Butlan, Wal Fasaad)
  162. 16342. The Determination And The Consession ( Al Azeema War Rukhsah)
  163. 16443. The Shari'ah Evidences ( Al Adilla-tul- Shariyah )
  164. 16544. The Shariah Evidences Must Be Decisives ( Al Adillah- Tu-shariah Yajebo An Takoona Qateyyah)
  165. 166What Is Considered As A Proof (hujjah) Of The Qur’aan
  166. 167Al-muhkam Wa Al-mutashabih The Precise And The Imprecise
  167. 168The Second Daleel Al–sunnah
  168. 16948. The Status Of The Sunnah In Relation To The Qur'aan
  169. 17049. Divisions Of The Sunnah (aqsaam Al Sunnah)
  170. 17150. The Mutawaatir
  171. 17251. The Number By Which The Certainty Occurs
  172. 17352. The Famous Hadeeth (al Mashhour)
  173. 17453. The Individuals Report (khabar Al Aahaad)
  174. 17554. The Narrators Of The Hadeeth (ruwaat Al Hadeeth)
  175. 17655. Types Of The Individuals Report
  176. 17756. Conditions For Accepting The Individuals Report
  177. 17857. The Actions Of The Messenger
  178. 17958. The Ways By Which The Direction (quality) Of The Action Of The Messenger Can Be Known
  179. 18059. The Silence Of The Prophet (saw)
  180. 18160. The Conflict Between The Actions Of The Messenger (saw)
  181. 18261. The Conflict Between The Action Of The Messenger (saw) And His Saying
  182. 18362. The Conflict Between The Sayings Of The Messenger (saw)
  183. 18463. The Inference (al Istidlaal) From The Kitaab And The Sunnah
  184. 18564. The Language Discussions
  185. 18665. The Way To Know The Arabic Language