The Evidence that the Silence of the Texts on an Issue is its Ruling, i.e. that of Ibahah (Permissibility)

The evidence that the silence of the Texts on an issue is its ruling, i.e. that of Ibahah.

If the Qur’an and Sunnah are “silent” on an issue, meaning: There is no specific Text that mentions that specific issue’s ruling by name, nor a general Text whose general meaning may encompass it, some resort to Qiyas Al-Shabah to seek its ruling, while others conclude that this particular issue’s ruling is that of Ibahah: Allowance (i.e. Halal). The evidence for the latter position is as follows.

The Prophet sallaa Allahu ‘alaihi wa ‘alaa Aalihi wa sallam said, paraphrased: (Leave me with what I have left you with, for indeed those before you were destroyed due to their questioning and differing with their Prophets. Therefore, if I prohibit you from something, then avoid it; and if I order you to do something, do of it what you are able), Sahih Al-Bukhari, Hadith no. 6858.

Therefore: Whatever the Prophet sallaa Allahu ‘alaihi wa ‘alaa Aalihi wa sallam leaves for us, i.e. does not mention, is permissible and allowed; and whatever he sallaa Allahu ‘alaihi wa ‘alaa Aalihi wa sallam prohibits us from is impermissible; and whatever he sallaa Allahu ‘alaihi wa ‘alaa Aalihi wa sallam orders us to do is obligatory to carry out in accordance with our ability to do so. This single Hadith encompasses the rulings of all things, which are three: Obligation, prohibition, and allowance.

Allah Ta’aalaa said, paraphrased: {And your Lord is never forgetful}, [Mariam: 64].

Thus Allah ‘Azza wa Jal has not forgotten to inform us of a thing’s ruling. Allah Ta’aalaa says, paraphrased: {And He is the One Who has created for you all that is on the earth}, [Al-Baqarah: 29], {And We have explained in detail for you what has been made impermissible for you}, [Al-An’am: 119].

Therefore all that is Haram has already been explained as such in detail for us, while what has not been remains upon its original position of allowance, because Allah Ta’aalaa created for us all that is on the earth.

And so: If there is no ruling for an issue in either a specific or general Text, the ruling of that issue is that it is allowed. And this is a Math’hab that existed among the Salaf, radhi Allahu ‘anhum, and it is the position of the Dhahiriyyah.

‘Ubaid Bin ‘Umair rahimahu Allah: “Allah Ta’aalaa did not mention anything except that He clarified it; so what Allah said, then it is as Allah said, and what the Messenger of Allah sallaa Allahu ‘alaihi wa sallam said, then it is as he said; and what Allah Ta’aalaa did not say, nor His Messenger sallaa Allahu ‘alaihi wa sallam, then it is the Pardon of Allah Ta’aalaa and His Mercy, so do not look into it”, Al-Sadi’, authentic narration.

 

 

 

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