❖ Is Everything Permissible If There Is No Evidence of Prohibition? – A Foundational Clarification ❖
📚 Source: Fatāwā Shaykh al-Ḥadīth Mubārakpūrī, Volume 1, Page 153
❖ Question:
If there is no evidence for the prohibition of a matter, can it be declared permissible?
What is the evidence for such permissibility?
✔ Answer:
Alḥamdulillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, Ammā baʿd!
It cannot be stated as a universal principle that:
“Whatever lacks a prohibition is automatically permissible.”
However, with regard to worldly matters and financial transactions, the general legal principle in Islam is:
“The original ruling regarding worldly matters is permissibility (ibāḥah), unless there exists a textual (naṣṣī) or inferred (ijtihādī) proof to the contrary.”
❖ Explanation:
That is, in matters of social, civil, or commercial dealings, if there is no clear Shar‘i evidence prohibiting a particular action, then:
✔ The matter is considered permissible,
✔ And acting upon it is allowed without any sin.
📖 Qur’anic Evidence:
“وما سكت عنه فهو عفو“
“That which Allah has remained silent about is pardoned.”
This indicates that in the absence of prohibition, such matters fall under pardon and permissibility.
❖ Exception: Acts of Worship
This principle does not apply in matters of ʿibādāt (acts of worship and obedience).
➤ Every act of worship must have:
◈ A valid Shar‘i reference,
◈ Whether general or specific,
◈ And whether explicit or implicit.
In other words, no act of worship can be performed unless it is proven by the Qur’an, Sunnah, or valid ijtihād based on those sources.
🧭 Final Note:
This is a foundational principle in Islamic jurisprudence.
For deeper understanding, one should refer to books of Uṣūl al-Fiqh (Principles of Islamic Jurisprudence) where it is discussed in greater detail and depth.
ھذا ما عندي، والله أعلم بالصواب
