Mubohlik shunday hukmdirki, unga nisbatan shar'iy dalil Shariat egasining ish qilish yoki qilmaslik o'rtasida tanlov berganini, ulardan birini ustun qo'ymasdan, ko'rsatadi. Mubohlik (ibāhah) shar'iy hukmlardandir, chunki u Shariat egasining xitobidan anglashiladi va boshqacha tarzda belgilanishi mumkin emas. Ibāhah ish qilishdan yoki uni tark etishdan zararni daf etish emas. Agar gap shunday bo'lganda, uning hukmi vahiy kelishidan oldin ham belgilangan bo'lar edi, holbuki vahiydan oldin hech qanday hukm yo'q. Balki ibāhah — bu Shariat egasining xitobi bilan kelgan, ish qilish va tark etish o'rtasidagi tanlovdir. U vahiydan va uning kelishidan keyin belgilanadi, shuning uchun u shar'iy hukmlardandir.

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.

Huquqiy hukmlar, ularda ruxsat (ijozat) belgilangan bo‘lsa, har biri vahiyga asoslanishi kerak. Bu hukmlar vahiy jim qolgan narsalar emas, ya'ni vahiy na man qilmagan va na ruxsat bermagan narsalar emas. Al-Tirmiziy Salmon al-Forisiy (roziyalloxu anhu) dan rivoyat qilgan hadisga kelsak, u aytadi: "Allohning Elchisi ﷺ dan yog‘, pishloq va mo‘yna haqida so‘raldi. U shunday dedi: «Halol — Alloh o‘z Kitobida halol qilgan narsadir, haром — Alloh o‘z Kitobida haром qilgan narsadir, U jim qolgan narsa esa Uning afv etgan narsalaridandir»". Bu hadis Qur’on jim qolgan narsaning mubох ekanini bildirmaydi. Chunki hadisda harom va halol narsalar bor, va Payg‘ambar ﷺ dan sahih rivoyat qilinganidek, u shunday degan: "Darhaqiqat, menga Qur’on va unga o‘xshash narsa berildi" (Ahmad). Demak, yuqoridagi hadisdagi ma'no vahiy jim qolgan narsadir. Lekin vahiyning biror narsa haqida jim turishi uning joiz ekanini anglatmaydi, chunki Uning ﷺ hadisdagi "Halol — Alloh halol qilgan narsadir" degan so‘zi man qilinmagan har bir narsani o‘z ichiga oladi. Shu sababli u vojib, mandub, mubох va makruhni ham qamrab oladi, chunki bularning hammasi man etilmagan ma'nosida joizdir. Shuning uchun "U jim qolgan narsa" degani mubох degani emas.

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.

Uning (saw) bu gapi haqida: “Nimaga U sukut saqlagan bo‘lsa, u Uning imtiyozidandir”, va uning (saw) boshqa bir hadisdagi gapi: “Nimaga U sukut saqlagan bo‘lsa, demak, u imtiyozdir” (Bayhaqiy), va uning boshqa bir hadisdagi gapi: “Alloh sizga imtiyoz sifatida baʼzi narsalar haqida sukut saqlagan, unutganligi uchun emas, shuning uchun ularni so‘ramanglar” (Bayhaqiy), narsalar haqidagi Uning sukuti ma’nosi – Uning ularni halol qilishidir, shunday qilib Uning ularni halol qilishi Allohdan imtiyoz va odamlarga rahmat hisoblanadi. Bu Payg‘ambar (saw)ning Sa’d ibn Abu Vaqqosning rivoyat qilgan hadisidagi gapi dalilidir: “Musulmonlar orasida musulmonlarning eng yomoni – o‘zlariga harom qilinmagan narsani so‘raydigan va so‘rog‘i tufayli o‘zlariga harom qilinib qoladigan kishidir” (Muslim). Bu esa haromligi haqida vahiy sukut saqlagan narsani so‘raydigan kishiga ishora qiladi.

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.

Shunday qilib, bu hadislardagi sukut man qilishdan sukut hisoblanadi, shar'iy hukmni bayon qilishdan sukut emas. Keyingi talqin esa o'rinli emas, chunki Alloh shar'iy hukmni bayon qilishdan sukut qilmagan. Aksincha, U buni barcha narsada bayon qilgan, Uning (SWT) aytganidek:

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,