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19,43618/07/1998

Are all actions allowed unless specifically prohibited or vice versa?

Question: 2376

The fiqh of actions is, to my knowledge,
divided into two.
1) All actions are mubah unless specified otherwise by Allah and Rasool
Allah.
2) All actions are not Mubah in origin and has a specific hukm.
Can you please clarify wich is stronger through evidence.
Jazakum Allah khair.

Answer

Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.

The rule that all things are allowed is considered to be one of the major well-known principles of Islamic jurisprudence (fiqh), and there springs from this principle the idea that all actions are allowed except those for which there is evidence to show that they are forbidden. There are some exceptions to this rule: in matters of sexual relationships, forms of worship, and eating meat, the rule is that it is forbidden except that which is expressly permitted; and it is forbidden to dispose of another person’s property except with his permission. Modern forms of contracts are permitted so long as they do not involve buying something sight unseen, deception, riba (interest or usury), fraud, cheating or other things that are forbidden by sharee’ah. And Allaah knows best.

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Islam Q&A - Sheikh Muhammed Salih Al-Munajjid

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