Table of Index

The methodology of this book is unique in dealing with the many subjects it covers. In fact, Sheikh Yusuf al-Qaradawi is a pioneer, the first to handle this subject using this particular approach. He has attempted, with considerable success in the Arabic original, to collect and summarize the issues from both ancient and modern Islamic references. Being himself a recognized Islamic scholar, he has had to make a judgement in selecting those points of view which he strongly felt meet the needs of Muslims in reference to the changing circumstances of this time.

However, this by no means presents all dimensions of the "discussion relating to each issue, which it is impossible to cover in a book of this modest size. Although the present volume is very useful, it cannot by itself fill the gaps, meet the challenges, or answer the multitude of questions which face Muslim communities living in the Western world. It is time that sincere and qualified Muslim scholars who have lived in the West, and who possess mastery of the Islamic fiqh, introduce into English a fiqh which will meet our Islamic needs in this part of the world, one which will demonstrate the ability of Islam, as Allah's final message to mankind, to meet the changing requirements of human society. We hope that this call to our brothers and sisters will not be lost, and that the Muslims in North America will carry out the responsibilities which confront them in a forceful and dynamic fashion. Insha'Allah the day will not be far off when the major reference works available in the Islamic languages - Arabic, Urdu, Persian, Turkish, etc. - will be accurately translated into English, giving the English-speaking Muslims the privilege of drawing their own conclusions concerning the many issues which confront them today.

We pray that Allah will forgive us, and that He will bless our work and make it useful for the Muslims of the English-speaking world.

Sheikh Ahmad Zaki Hammad

DEFINITIONS
 

Al-Halal (the lawful): That which is permitted, with respect to which no restriction exists, and the doing of which the Law-Giver, Allah, has allowed.

Al-Haram Al-Haram (the prohibited or unlawful): That which the Law-Giver has absolutely prohibited; anyone who engages in it is liable to incur the punishment of Allah in the Hereafter as well as a legal punishment in this world.

Al-Makruh Al-Makruh (the detested): That which is disapproved by the Law-Giver but not very strongly. The makruh is less in degree than the haram, and the punishment for makruh acts is less than for those that are haram, except when done to excess and in a manner which leads an individual toward what is haram.

In the name of Allah, the Compassionate, the Merciful

INTRODUCTION
 

Say: Who has forbidden the adornment of Allah which He has brought forth for His servants, and the good things of His providing? Say: They are, on the Day of Resurrection, exclusively for those who believed during the life of this world. Thus do we explain the signs for those who know. Say: What my Lord has indeed prohibited are shameful deeds, whether open or secret, and sin and rebellion without just cause, and that you associate with Allah that for which He has sent down no authority, and that you say concerning Allah that about which you do not know. (7:32-33)

The General Institute of Islamic Culture of al-Azhar University has requested me to participate in an academic project of writing easily understandable books or pamphlets which, when translated into the English language, would introduce Islam and its teachings to Europe and America, educating the Muslims who reside there and attracting the non-Muslims toward Islam.

Assuredly this project of producing books and pamphlets has both a lofty aim and a broad scope. It should have been initiated long ago, since many Muslims in Europe and America have very little knowledge of Islam, and even that little has not remained safe from distortion and confusion. Recently a friend from al-Azhar who was sent to one of the states in the United States of America wrote to us, saying, "Many Muslims in this state run bars and earn their living through the sale of liquor, not even knowing that this is a major sin in Islam." He adds, "Muslim men marry Christian, Jewish and sometimes mushrik (Ascribing partners, or associating others, with Allah. (Trans.)) women, passing over the Muslim women, who remain unmarried and have to fend for themselves."

If this is the state of the Muslims, what can be said of the non-Muslims? People in the West have a very distorted and ugly picture of Islam, its Prophet (may Allah's peace and blessings be on him), and its followers, a picture painted by Christian missionaries and the representatives of the imperialist powers. They have used all means of propaganda at their disposal to malign Islam and to prejudice the minds of people against it, while we, at the same time, have been heedless and neglectful of combating this malicious propaganda.

It is indeed high time to launch an educational project in order to remedy this situation, to inform people about the truth of Islam, and to invite them toward it. We welcome this blessed step, commending these devoted people of al-Azhar; we request them to redouble their efforts in this direction, and pray to Allah to bless and help them always.

The Institute of Islamic Culture assigned me the task of writing on the subject of the lawful (al-halal) and the prohibited (al-haram) in Islam, requesting that I present the subject in a simple and easily understandable manner which was also to include a comparison with other religions and cultures.

At first glance the subject of the lawful and the prohibited may seem easy to write about, but it is, in fact, extremely difficult. No previous author, either early or modern, has compiled a book dealing specifically with this topic. The student will find material pertaining to this subject scattered throughout various chapters in books on Islamic jurisprudence (fiqh), and between the lines in the commentaries on the Qur'an and in books of the Prophet's ahadith.

Such a subject, moreover, compels the writer to be definitive concerning many matters about which earlier scholars have differed and contemporary scholars are confused. Consequently, to prefer one opinion over another in matters relating to the halal and the haram in Islam requires patience, thoroughness in research, and intellectual exertion on the part of the researcher - all this after he has purified his heart from all desires except to please Allah Subhanahu wa Ta'ala and to seek the truth.

It is my observation that most contemporary researchers and writers about Islam fall into one of two groups. The vision of one group has been blinded by the glamour of Western civilization. Overawed by this great idol, they worship it, approach it imploringly, and stand before it humbly, with downcast eyes, accepting Western principles and customs as unassailable and proven beyond doubt. Accordingly, if some aspect of Islam agrees with these principles and customs, they praise and extol it, while if some aspect opposes them, they try to find similarities and agreements, offer excuses and apologies, or resort to far fetched explanations and distortions, as if Islam had no choice except to surrender to the philosophy and customs of Western civilization. When we examine their views, we find that they permit things which Islam has prohibited, such as statues, lotteries, interest, being in privacy with a non-mahrem woman, a man's wearing gold and silk, and so on. They frown upon things which Islam has permitted, such as divorce and plurality of wives, as if, in their view, whatever is legal in the West is halal and what is illegal is haram. They forget that Islam is the word of Allah and that His word is always uppermost. Islam came to be followed, not to follow; to be dominant, not subordinate. How can the Lord of men follow men and how can the Creator submit to the whims of His creatures? (If the reality had been in accord with their desires, the heavens and the earth, and whosoever is therein, would have been in corruption...) (Holy Qur'an 23:71) (The numbering of Qur'anic chapters and verses used throughout this book is the standard numbering used in all editions of the Qur'an. The sole exception is in relation to Surah al-Maidah, the fifth Surah, the numbering of which differs slightly between the translations of A. Yusuf'Ali and those of other translators. Where verses from this surah are cited, the numbering used by Yusuf 'Ali is given first and the numbering used by such translators as Pickthall, Maududi, M. Asad and others is given in brackets immediately following it. (Trans.))

(Say: Is there among your partners (whom you associate with Allah) any who guides to the truth? Say: Allah guides to the truth. Then does He Who guides to the truth have more right to be obeyed, or the one who is not guided unless he receives guidance? Then what is wrong with you all? How do you judge?) (10:35)

The other group is frozen in its fixed opinions concerning questions about the halal and the haram, following a statement in a text which they assume to be Islam. They do not budge a hair's breadth from their position, nor do they try to weigh their opinion against the arguments of others, and to arrive at the truth after a comparison and critical evaluation of all opinions. If one of them were to be asked his opinion concerning music, singing, chess, women's education, a woman's showing her face and hands, and similar matters, the most likely word to issue from his tongue would be Haram. This group has forgotten the caution exercised by our righteous forebearers in such matters, who never applied the word haram to anything unless they knew it to be definitely prohibited. If there were the slightest doubt concerning the matter they would only say, "We disapprove of it" or "We do not like it," or some other similarly mild statement.

I have endeavored not to be in either of these two groups. I cannot compromise my religion by taking the West as my god after accepting Allah as the Lord, Islam as the religion, and Muhammad (peace be on him) as the Messenger. At the same time, I cannot compromise my intellect by following one particular school of jurisprudence in all its judgements, whether right or wrong, suspending my own faculty of reasoning and discernment. "A blind follower," in the words of Ibn al-Jawzi, "does not have any trust in what he follows. To imitate is to suspend the use of the intellect, whereas the intellect is created for thinking and reasoning. It is stupidity when a person is given a light to show him the way, he should extinguish it and walk in darkness.''(Talbis Iblis, p. 81.)

This is why I have not confined myself to any one of the several schools of jurisprudence (madhahib, singular madhab) prevalent in the Islamic world, for the truth is not the monopoly of any one school. The leading scholars of these schools never claimed that they were infallible; they were, in fact, researchers who sought to know the truth. If they erred in a ruling they will have a reward, while if they were correct, their reward will be twice as great.

Said Imam Malik, "The word of any person other than the Prophet (peace be on him) is sometimes accepted and sometimes rejected. " And Imam Shafi'i commented, "My opinion is correct with the possibof its being in error. An opinion different from mine is in error with the possibility of its being correct."

While it is not worthy of a Muslim scholar who is capable of comparing and choosing to tie himself to a single school of jurisprudence or to submit to the opinion of a particular jurist, he must give weight to arguments and proofs. The jurist with strong arguments and a valid proof deserves to be followed, while the one with weak arguments and incorrect proofs should be rejected, regardless of who he is. On this point, Imam 'Ali says, "Truth is not to be learned on the basis of authorities. Learn the truth and then you will know who the truthful ones are."

I have tried, to the best of my ability, to follow the guidelines of the Institute of Islamic Culture. Thus I have presented the material supported by arguments, proofs, and comparisons, utilizing the latest scientific ideas and contemporary knowledge. Alhamdulillah, Islam is like the radiant sun, whose light bears the proof that it is an eternal religion for all mankind. (The hue imparted by Allah - and who is better than Allah in imparting a hue?) (Holy Qur'an 2:138)

The concept of the lawful and the prohibited has been known to every people since ancient times. However, people have differed in defining the scope, variety, and causes of taboos and prohibitions, most of which were a product of their primitive beliefs, superstitions, and myths. Then came the divinely-revealed religions, (According to the Qur'an there has been only one true, authentic faith, Al-Islam. Islam means the attainment of peace through conscientious and loving submission to the Will and Guidance of Allah. This was the mission of all Prophets and Messengers in human history. It is the same fundamental faith which was revealed to Moses, Jesus, and Muhammad (peace be upon them). The original revelations given to Moses and Jesus are no longer available in their complete, original and unadulterated form. The Qur'an is the only divine revelation which was meticulously preserved in it's complete, original, and unadulterated form. As such, it is to be used as the criterion to judge the authenticity of the present forms of previous revelations.) with their laws and injunctions concerning the halal and the haram, uplifting the human being from the level of superstition, myth, and tribalism to the level of dignity which befits a human being.

However, in the religions revealed prior to Islam there were some prohibitions and permissions which were legislated for a temporary period, in relation to the specific conditions of the people and their environments. For example, Allah prohibited some good things to the Children of Israel as a punishment for their rebellious attitude; thereafter, Jesus (peace be on him) told the people that he had come (...confirming the truth of what was before me of the Taurat and to make lawful to you some of what was prohibited to you...) (3:50) (Taurat refers to the original scripture revealed to the Prophet Moses by God.)

Finally, when mankind had reached the stage of intellectual maturity and was ready to receive the last message from Allah Subhanahu wa Ta'ala, Islam came with its complete, comprehensive, and eternal Shari'ah (law) for the whole of mankind. Concerning this, after mentioning what He has prohibited as food, Allah says, (...This day I have perfected your religion for you and have completed my favor upon you, and have chosen Islam for you as the religion...) (5:3)

The Islamic view of the halal and the haram is very simple and clear. It is a part of that great trust which Allah offered to the heavens, the earth, and the mountains, which they declined but which man accepted. This trust requires man to carry out the duties placed on him by Allah as His viceregent on earth and to assume accountability concerning them. This responsibility is the basis on which the human individual will be judged by Allah and given his reward or punishment. Because of this trust, Allah gave man intellect, will power, and freedom of choice; because of this, He sent His messengers and revealed His Books. It is not for man to ask, "Why is there halal and haram? Why am I not left free to do as I please?" for this is precisely the test of his freedom of choice and action. Moreover, man is neither a purely spiritual being like the angels nor simply a creature of instinct like the animals. Rather he occupies a position between the two: he can attain or even surpass the spiritual heights of the angels, or he can sink to the level of the beasts, or even lower.

From another perspective, the halal and haram are part of the total legal system of Islam, its Shari'ah, a system whose primary objective is the good of mankind. The Islamic Shari'ah removes from human beings harmful, burdensome customs and superstitions, aiming to simplify and ease the business of day-today living. Its principles are designed to protect man from evil and to benefit him in all aspects of his life. And they are designed to benefit everyone in the community—the rich and the poor, the rulers and the ruled, the men and the women—as well as to benefit the whole of humanity throughout the earth in various countries and climes, with its multitude of groupings, and in every period of time throughout succeeding generations.

This religion came as a mercy from Allah to include all His servants in the final stage among the various stages of man. Concerning His Messenger (peace be on him) Allah says, (And we have not sent thee except as a mercy for all the worlds.) (21:107), and the Prophet (peace be on him) himself said, "I am a merciful gift". (Reported by al-Hakim on the authority of Abu Hurairah; al-Dhahabi classifies this hadith as authentic.)

One aspect of this mercy is that Allah removed from the Muslim ummah (nation or community) all traces of fanaticism and zealotry, as well as all the means of declaring things to be halal and haram; contrary to the case of the idolatrous and the People of the Book (Jews and Christians), whose priests had prohibited the good things and permitted the foul. Allah says: (...My mercy embraces all things. Thus I shall ordain it for those who are conscious (of me) and who give the purifying alms (zakat), and those who believe in our revelations.) (7:156)

The Islamic criteria with regard to the halal and haram are embodied in the following two verses, which we have placed at the beginning of this book:

(Say: Who has forbidden the adornment of Allah which He has brought forth for His servants, and the good things of His providing? Say: They are, on the Day of Resurrection, exclusively for those who believed during the life of this world. Thus do we explain the signs for those who know. Say: What my Lord has indeed prohibited are shameful deeds, whether open or secret, and sin and rebellion without just cause, and that you associate with Allah that for which He has sent down no authority, and that you say concerning Allah that about which you do not know.) (7:32-33)

In view of the fact that the halal and haram constitute such an important subject, I believe that this book, in spite of its modest size, will fill a gap in the library of the contemporary Muslim; that it will solve many problems which he faces in his personal, family, and social life; and that it will answer many questions of this kind: What is permitted to me? What is prohibited to me? And what is the reason for permitting this and prohibiting that?

In bringing this introduction to a close, I would like to express my thanks to the scholars of al-Azhar and the Institute of Islamic Culture for placing their trust in me to deal with such a vital subject. I hope I have proved worthy of their trust and have achieved their objective.

I pray to Allah Subhanahu wa Ta'ala to benefit those people who read this book, to give us truthfulness in what we say and do, to keep our thoughts and our pens from aberrations, and to guide us in all our affairs. It is He alone who listens to supplications.

Dr. Yusuf al-Qaradawi
Safar 1380/August 1960

THE ISLAMIC PRINCIPLES PERTAINING TO HALAL AND HARAM
 

The question of what ought to be halal (lawful) and haram (prohibited) was one of the matters concerning which, prior to the advent of Islam, the peoples of the world had gone very far astray and were utterly confused, permitting many impure and harmful things and prohibiting many things that were good and pure.

They erred grievously, going either far to the right or far to the left. On the extreme right was the ascetic Brahmanism of India and the self-denying monasticism of Christianity. In addition to these two, there were other religions which were based on the principles of the mortification of the flesh, abstention from good food, and avoidance of other enjoyments of life which Allah has provided for human beings. Christian monasticism attained its peak during the Middle Ages when the avoidance of good and pure things among the monks, thousands in number, reached the point at which washing one's feet was considered a sin and entering a bath was something to regret and repent. On the extreme left, the Mazdak philosophy emerged in Persia, advocating absolute freedom and allowing people to take whatever they wanted and do whatever they pleased, even exhorting them to violate what is naturally held inviolable by human beings.

The Arabs of the pre-Islamic era provide a noteworthy example of utter confusion regarding the criteria for making lawful or prohibiting things and actions. They permitted the drinking of alcohol, the taking of usury at exorbitant rates, the torturing and secluding of women, and many similar practices. Those who had diabolical minds made alluring to many of them the killing of their own children, until, suppressing their natural paternal feelings, they obeyed them. As Allah Subhanahu wa Ta'ala says: Thus have their partners made alluring to many of the idolaters the killing of their children, in order to destroy them and to confuse for them their religion. (6:137)

These "partners" from among the guardians of the idols had devised many impressive arguments to persuade fathers to kill their children; among them were the fear of actual or anticipated poverty, the impending shame in case of a daughter, and the closeness to the gods to be attained by the sacrifice of a son.

It is strange that these same people who permitted the killing of their children by cutting their throats or burying them alive had prohibited to themselves the eating of certain agricultural produce and the flesh of cattle. Stranger still is that they considered such prohibitions as part of their religion, attributing them to Allah's command. (It should be noted that while worshipping and ascribing powers to numerous male and female deities the pagan Arabs of the pre-Islamic era possessed the concept of a supreme Deity, Allah, ascribing to Him many false attributes and laws. (Trans.)) But Allah rejected their false claim: And they say, 'These cattle and crops are sacred; none shall eat of them except those whom we wish', —so they assert—'and cattle whose backs are prohibited (to burden), as well as cattle on which (at slaughter) the name of Allah is not mentioned' a forgery against Him. He will assuredly recompense them for what they have forged. (6:138)

Moreover, the Qur'an exposed the error of those who made halal what should have been prohibited and made haram what should have been permitted: Lost are those who kill their children in folly, without knowledge and prohibited what Allah has provided them, forging (lies) against Allah. They have indeed gone astray and are without guidance. (6:140)

When Islam came, the errors, confusions, and deviations with respect to the question of halal and haram were very widespread. One of Islam's initial accomplishments was, therefore, to establish certain legal principles and measures for rectifying this important matter; these principles were then made the determining criteria on which the questions of what is halal and what is haram were to be based. Thus this vital aspect was determined according to the correct perspective, and rules related to matters of halal and haram were established on the basis of principles of justice. The ummah (nation) of Islam thus became an ummah occupying a position between the extremist deviations to the right and left, which Allah Ta'ala describes as a "middle ummah, the best ummah that has ever been brought forth for mankind." (3:110)

1. The Basic Asl Refers to the Permissibility of Things

The first asl (Asl, plural usual, denotes origin, source, foundation, basis, fundamental or principle. (Trans.)), or principle, established by Islam is that the things which Allah has created and the benefits derived from them are essentially for man's use, and hence are permissible. Nothing is haram except what is prohibited by a sound and explicit nas (Nas denotes either a verse of the Qur'an or a clear, authentic, and explicit sunnah (practice or saying) of Prophet Muhammad. These are the two main sources of Islamic law, i.e., its Shari'ah. (Trans.)) from the Law-Giver, Allah Subhanahu wa Ta'ala. If the nas is not sound, as for example in the case of a weak hadith, or if it is not explicit in stating the prohibition, the original principle of permissibility applies.

The scholars of Islam have derived this principle of the natural usability and permissibility of things from the clear verses of the Qur'an. For example, Allah says: It is He who created all that is in the earth for you.... (2:29) He has subjected to you, from Himself, all that is in the heavens and all that is on the earth.... (45:13) Do you not see that Allah has subjected to you whatever is in the heavens and what is on earth, and has showered upon you His favors, both apparent and unseen? (31:20)

It cannot be that Allah, may He be glorified, would create all these things, give man control over them, count them as His favors upon him, and subsequently inform him that their use is prohibited; how could this be when He created all this for man's use and benefit? Indeed, He has prohibited only a few things for specific reasons, the wisdom of which will be discussed later.

In Islam the sphere of prohibited things is very small, while that of permissible things is extremely vast. There is only a small number of sound and explicit texts concerning prohibitions, while whatever is not mentioned in a nas as being lawful or prohibited falls under the general principle of the permissibility of things and within the domain of Allah's favor. In this regard the Prophet (peace be on him) said: What Allah has made lawful in His Book is halal and what He has forbidden is haram, and that concerning which He is silent is allowed as His favor. So accept from Allah His favor, for Allah is not forgetful of anything. He then recited, "And thy Lord is not forgetful." (19:64) (This hadith was reported by al-Hakim, cla88ified as sahih (sound), and quoted by al-Bazzar.)

Salman al-Farsi reported that when the Messenger of Allah (peace be on him) was asked about animal fat, cheese, and fur, he replied, "The halal is that which Allah has made lawful in His Book and the haram is that which He has forbidden, and that concerning which He is silent He has permitted as a favor to you." (Reported by al-Tirmidhi and Ibn Majah.)

Thus, rather than giving specific answers to what the questioner had asked, the Prophet (peace be on him) referred to the general criterion for determining the halal and the haram. Accordingly, it is sufficifor us to know what Allah has made haram, since what is not includedin it is pure and permissible. The Prophet (peace be on him) also said: Allah has prescribed certain obligations for you, so do not neglect them; He has defined certain limits, so do not transgress them; He has prohibited certain things, so do not do them; and He has kept silent concerning other things out of mercy for you and not because of forgetfulness, so do not ask questions concerning them. (Reported by aI-Darqutni and classified as hasan (good) by al-Nawawi.)

I would like to emphasize here that the principle of natural permissibility is not only limited to things and objects but also includes all human actions and behavior not related to acts of worship, which may be termed living habits or day-to-day affairs. Here again, the principle is that these are allowed without restriction, with the exception of a small number of things which are definitely prohibited by the Law-Giver, Allah Subhanahu wa Ta'ala, Who says: ...He (Allah) has explained to you what He has made haram for you.... (6:119) including both objects and actions.

The case is different, however, in relation to acts of worship. These are purely religious acts which can be taken only from what Allah Himself reveals. Concerning this we have a sound hadith: "Any innovation in our matter (worship) which is not a part of it must be rejected.'' (This hadith is classified as muttafaq'alayh ("agreed upon" by the two great scholars al-Bukhari and Muslim).)

Anyone who invents or originates a form of worship on his own has gone astray and must be repudiated, for only the Law-Giver Himself has the right to originate acts of worship through which human beings may seek nearness to Him. Living habits and day-today matters, however, did not originate with the Law-Giver; they were originated and acted upon by human beings themselves. Thus the Law-Giver intervenes only to rectify, to moderate, or to refine them, and occasionally to identify some practices which are harmful or which may lead to strife.

The great Islamic scholar Ibn Taymiyyah states, Peoples' sayings and actions are of two kinds: acts of worship by which their religion is established, and customary practices which are required for day-to-day living. From the principles of the Shari'ah, we know that acts of worship are those acts which have been prescribed by Allah or approved by Him; nothing is to be affirmed here except through the Shari'ah. However, as far as the wordly 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 Allah Subhanahu wa Ta'ala has restricted. This is the case because commanding and prohibiting are both in Allah'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 Allah) to establish something, how can we say that something is restricted without His command?

This is why Ahmad (bin Hanbal) and other jurists, who base their judgements on ahadith, (Plural of hadith. (Trans.)) say: In relation to acts of worship, the principle is limitation (tawqeef); that is to say, nothing can be legislated in this regard except what Allah Himself has legislated. To do otherwise is to incur the risk of being included in the meaning of the ayah: 'Do they have partners (with Allah) who have prescribed for them in religion that concerning which Allah has given no permission?' (42:21) But as far as living habits are concerned, the principle is freedom because nothing can be restricted in this regard except what Allah Himself has prohibited. Here, to do otherwise, is to be included in the meaning of His saying: 'Say: Do you see what Allah has sent down to you for sustenance? Yet you have made some part of it halal and some part haram.' (10:59)

This is a great and beneficent principle, on the basis of which we can say that buying, selling, leasing, giving gifts, and other such matters are necessary activities for people, as are eating, drinking, and the wearing of clothes. If the Shari'ah says something concerning these mundane matters, it is in order to teach good behavior. Accordingly, it has prohibited whatever leads to strife, has made obligatory that which is essential, has disapproved that which is frivolous, and has approved that which is beneficial. All this has been done with due consideration for the kinds of activities involved, their magnitudes, and properties.

Since this is the stand of the Shari'ah, people are free to buy, sell, and lease as they wish, just as they are free to eat and to drink what they like as long as it is not haram. Although some of these things may be disapproved, they are free in this regard, since the Shari'ah does not go to the extent of prohibiting them, and thus the original principle (of permissibility) remains. (Al-Qawa'id al-Nuraniyah al-Fiqhiyah by Ibn Taymiyyah, pp. 112-113. In accordance with this principle, Ibn Taymiyyah, his pupil, Ibn al-Qayyim, and the Hanbali jurists in general hold that contracts and the conditions laid down in them are essentially permissible, as any contract not involving any matter which is textually established as haram is valid.)

This principle is also supported by what is reported in a sound hadith by the Prophet's Companion, Jabir bin 'Abdullah. He said, "We used to practice 'azl (coitus interrupts, or withdrawal before ejaculation during intercourse) during the period when the Qur'an was being revealed. If the practice were to have been prohibited, the Qur'an would have prohibited it." He therefore concluded that if the divine revelation was silent about something, it was permissible and people were free to practice it. Assuredly the Prophet's Companions (may Allah be pleased with them) had a perfect understanding of the Shari'ah. Accordingly, this great principle —that no worship can be legislated except by the command of Allah, and no practice can be prohibited except by His prohibition— is firmly established.

2. To Make Lawful and to Prohibit Is the Right of Allah Alone

The second principle is that Islam has restricted the authority to legislate the haram and the halal, taking it out of the hands of human beings, regardless of their religious or worldly position, and reserving it for the Lord of human beings alone. Neither rabbis nor priests, kings or sultans, have the right to prohibit something permanently to Allah's servants; if someone does this, he has certainly exceeded his limits, usurping the sovereignty which, with respect to legislating for the people, belongs to Allah Subhanahu wa Ta'ala alone. Others who acquiesce with this transgression of such usurpers and act upon what they have legislated thereby elevate them to the rank of partners or associates with Allah: Do they have partners (with Allah) who have prescribed for them in religion that concerning which Allah has given no permission? (42:21)
They have taken their rabbis and priests as lords besides Allah, and the Messiah, son of Mary, although they were commanded to worship no one except the One Allah. There is no Deity but He, glory be to Him above what they associate with Him! (9:31)

The Qur'an took to task the People of the Book, that is, Christians and Jews, for putting the power to make lawful and to prohibit things and actions into the hands of their rabbis and priests.

'Adi bin Hatim, who had been a Christian before accepting Islam, once came to the Prophet (peace be on him). When he heard him reciting the above ayah he said, "O Messenger of Allah, but they do not worship them." The Prophet (peace be on him) replied, Yes, but they prohibit to the people what is halal and permit them what is haram, and the people obey them. This is indeed their worship of them. (Reported and classified as hasan by al-Tirmidhi and others.)

Christians still claim that Jesus (peace be on him), before ascending to heaven, vested in His apostles the authority to declare things permissible or prohibited as they saw fit, as reported in Matthew 18:18:
I tell you this: whatever you forbid on earth shallbe forbidden in heaven, and whatever you allow on earth shall be allowed in heaven.

The Qur'an also took the pto task for legislating and prohibiting things without any authority from Allah: Do you see what Allah has sent down to you for sustenance and yet you have made some part of it halal and some part haram? (10:59)
And do not say, concerning the falsehood which your tongues utter, 'This is halal and that is haram,' in order to fabricate a lie against Allah; assuredly those who fabricate a lie against Allah will not prosper. (16:116)

From these explicit verses of the Qur'an and from clear ahadith of the Prophet (peace be on him), the jurists of Islam grasped with certainty that it is Allah Subhanahu wa Ta'ala alone Who has the right to make lawful or to prohibit a matter, either through His Book or through the tongue of His Messenger (peace be on him). The jurists' task does not go beyond explaining what Allah has decreed to be halal or haram "when He has explained to you in detail what He has made haram for you." (6:119) It is definitely not their task to decide what is to be allowed and what is to be prohibited to human beings. Thus the great jurists, in spite of their scholarship and ability of ijtihad (deduction from analogy), shied away from pronouncing judgements concerning matters of halal and haram, passing the problem from one to the other out of fear of committing the error of declaring halal what is actually haram and vice-versa.

In his book Al-Umm, Imam Shafi'i narrated that Abu Yusuf, a companion of Abu Hanifah and a chief judge (qadi), said:
I know that our knowledgeable teachers avoided saying, 'This is halal and that is haram,' apart from what they found clearly stated without requiring an interpretation in the Book of Allah. We have been told by Ibn al-Saib that al-Rabi' bin Khaytham, one of the greatest of the second generation Muslims, said, 'Beware that none of you says, "Allah has made this lawful or approves of it," and that Allah may then say that He did not make it lawful nor approve it, or that you say, "Allah has prohibited this," and that Allah may then say, "You lie! I did not prohibit it nor disapprove of it." Some companions of Ibrahim alNakh'i, a great jurist of Kufah among the second generation Muslims, have told us of his mentioning his colleagues as saying, when they gave a judgement concerning something, 'It is disapproved' or 'There is no harm in it,' rather than, 'It is haram' or 'It is halal,' as haram and halal are terms of much greater import. (AI-Umm, vol. 7, p. 317.)

This is what Abu Yusuf has reported concerning our righteous forebearers and what al-Shafi'i has quoted from him, in agreement with his position. Similarly, Ibn Muflih reported the great scholar Ibn Taymiyyah, as saying that the jurists of the early days of Islam did not term anything haram unless it was definitely known to be so. (This is further supported by the fact that the companions did not give up the drinking of alcohol after the revelation of the Qur'anic verse, "They ask thee concerning wine and gambling. Say: In them is great sin and some benefit," (2:219) since this verse did not definitely prohibit drinking prior to the revelation of the verses in Surah al-Maida. (5:93-94 (90-91)) In the same spirit, the great imam Ahmad ibn Hanbal, when asked about some matter, would say, "I disapprove of it" or "It does not appeal to me," or "I do not like it" or "I do not prefer it." Similar reports are narrated concerning Malik, Abu Hanifah, and all the other imams (may Allah be pleased with them). (This is a lesson to the followers of such imams who freely use the word "haram' without having a proof, or even a semblance of proof.)