Absence of Transmission Is Not Proof of Absence of Ruling – A Shar'i Review
Source: Fatawa al-Deen al-Khalis, Vol. 1, p. 59
Question:
Is the absence of transmission (عدم نقل) a valid proof for the absence of a ruling (عدم حکم)? Is this acceptable as a Shar'i argument? If yes, what is its evidence?
Alḥamdulillāh, and peace and blessings be upon the Messenger of Allah. To proceed:
To claim that if something is not transmitted, then there is no ruling for it, is an incorrect principle, and this approach is not recognized in Shariah.
Absence of transmission does not imply non-existence, because it is possible that something has not been narrated but its practical evidence still exists.
In Islamic law, rulings are established solely through the texts (Qur'an and Hadith) and the understanding of the pious predecessors (Salaf al-Sāliḥīn) — not merely on the basis that something is not found in any transmitted source.
Some people object to adopting a kunyah (nickname or honorific title) if someone does not have children, arguing that there is no transmitted ruling in this regard.
This argument is incorrect, as several authentic Hadiths from the Prophet ﷺ establish the legitimacy of adopting a kunyah even without having children.
Hadith ①:
The Prophet ﷺ called a young girl “Umm Khālid” using a kunyah, even though she was a small child.
Sahih al-Bukhari: 866, Sunan Abu Dawud: 4074
Hadith ②:
When Umm al-Mu’minīn ʿĀ’ishah (RA) complained to the Prophet ﷺ that the other wives had kunyahs, he ﷺ said:
“Adopt your kunyah after ʿAbdullāh ibn al-Zubayr, you are Umm ʿAbdullāh.”
Sunan Abu Dawud: 4970, Musnad Aḥmad: 6/107, Ibn Mājah: 3739
Hadith ③:
Anas ibn Mālik (RA) stated: “I had a younger brother who was called Abū ʿUmayr,” even though he was a small boy.
Sahih al-Bukhari: 915, Ibn Mājah: 307, Tirmidhi: 106
Hadith ④:
ʿUmar (RA) asked Ṣuhayb (RA):
“Why have you taken the kunyah Abū Yaḥyā, although you have no children?”
Ṣuhayb (RA) replied: “The Prophet ﷺ gave me this kunyah.”
Musnad Aḥmad: 4/333, Ibn Mājah: 3738
Hadith ⑤:
The Prophet ﷺ gave Jaʿfar ibn Abī Ṭālib (RA) the kunyah Abū al-Masākīn (father of the poor).
Tirmidhi: 4111, Ibn Mājah: 4125
Hadith ⑥:
The Prophet ﷺ gave Anas (RA) the kunyah Abū Ḥamzah, even though he was a small child.
Musnad Aḥmad: 3/130, 161, 232
These Hadiths clearly demonstrate that having children is not a condition for adopting a kunyah.
Shaykh al-Islām Ibn Taymiyyah (رحمه الله) stated:
"عدم العلم ليس علماً بالعدم"
“Lack of knowledge of something is not knowledge of its non-existence.”
Majmūʿ al-Fatāwā, 27/31
Meaning, if someone does not know of something, it does not mean that it does not exist.
The principle “absence of transmission is proof of absence of ruling” is incorrect.
In Shariah, the permissibility or impermissibility of any matter is based on the Qur’an, Hadith, and the understanding of the Salaf, not on whether something has been transmitted or not.
Some people wrongly reason that if a ruling is not transmitted, then the act must be prohibited — but this principle is invalid.
In the case of kunyah, this faulty reasoning is rejected. Numerous Hadiths of the Prophet ﷺ explicitly prove the permissibility of adopting a kunyah, whether or not one has children.
وَاللهُ أَعْلَمُ بِالصَّوَابِ
Source: Fatawa al-Deen al-Khalis, Vol. 1, p. 59
Question:
Is the absence of transmission (عدم نقل) a valid proof for the absence of a ruling (عدم حکم)? Is this acceptable as a Shar'i argument? If yes, what is its evidence?
✿ Answer:
Alḥamdulillāh, and peace and blessings be upon the Messenger of Allah. To proceed:
① Absence of Transmission Is Not Proof of Absence of Ruling
To claim that if something is not transmitted, then there is no ruling for it, is an incorrect principle, and this approach is not recognized in Shariah.
Absence of transmission does not imply non-existence, because it is possible that something has not been narrated but its practical evidence still exists.
In Islamic law, rulings are established solely through the texts (Qur'an and Hadith) and the understanding of the pious predecessors (Salaf al-Sāliḥīn) — not merely on the basis that something is not found in any transmitted source.
② Using the Principle of Absence to Object to the Legitimacy of Kunyah
Some people object to adopting a kunyah (nickname or honorific title) if someone does not have children, arguing that there is no transmitted ruling in this regard.
This argument is incorrect, as several authentic Hadiths from the Prophet ﷺ establish the legitimacy of adopting a kunyah even without having children.
✿ Evidences from Hadith:
Hadith ①:The Prophet ﷺ called a young girl “Umm Khālid” using a kunyah, even though she was a small child.
Sahih al-Bukhari: 866, Sunan Abu Dawud: 4074 Hadith ②:When Umm al-Mu’minīn ʿĀ’ishah (RA) complained to the Prophet ﷺ that the other wives had kunyahs, he ﷺ said:
“Adopt your kunyah after ʿAbdullāh ibn al-Zubayr, you are Umm ʿAbdullāh.”
Sunan Abu Dawud: 4970, Musnad Aḥmad: 6/107, Ibn Mājah: 3739 Hadith ③:Anas ibn Mālik (RA) stated: “I had a younger brother who was called Abū ʿUmayr,” even though he was a small boy.
Sahih al-Bukhari: 915, Ibn Mājah: 307, Tirmidhi: 106 Hadith ④:ʿUmar (RA) asked Ṣuhayb (RA):
“Why have you taken the kunyah Abū Yaḥyā, although you have no children?”
Ṣuhayb (RA) replied: “The Prophet ﷺ gave me this kunyah.”
Musnad Aḥmad: 4/333, Ibn Mājah: 3738 Hadith ⑤:The Prophet ﷺ gave Jaʿfar ibn Abī Ṭālib (RA) the kunyah Abū al-Masākīn (father of the poor).
Tirmidhi: 4111, Ibn Mājah: 4125 Hadith ⑥:The Prophet ﷺ gave Anas (RA) the kunyah Abū Ḥamzah, even though he was a small child.
Musnad Aḥmad: 3/130, 161, 232These Hadiths clearly demonstrate that having children is not a condition for adopting a kunyah.
③ Absence of Transmission Is Not a Shar’i Proof
Shaykh al-Islām Ibn Taymiyyah (رحمه الله) stated:
"عدم العلم ليس علماً بالعدم"“Lack of knowledge of something is not knowledge of its non-existence.”
Majmūʿ al-Fatāwā, 27/31Meaning, if someone does not know of something, it does not mean that it does not exist.
④ Summary
The principle “absence of transmission is proof of absence of ruling” is incorrect.
In Shariah, the permissibility or impermissibility of any matter is based on the Qur’an, Hadith, and the understanding of the Salaf, not on whether something has been transmitted or not.
Some people wrongly reason that if a ruling is not transmitted, then the act must be prohibited — but this principle is invalid.
In the case of kunyah, this faulty reasoning is rejected. Numerous Hadiths of the Prophet ﷺ explicitly prove the permissibility of adopting a kunyah, whether or not one has children.
وَاللهُ أَعْلَمُ بِالصَّوَابِ
