Question Summary:
Sadd al-dharā’i‘ (blocking the means to evil) Question Detail:
If a ruling is based on the Usuli principle of Sadd al-Dhara'i [Blocking the means], does that mean that it has to be followed when it is a matter of Ijtihad of a modern scholar as opposed to a Mujtahid in the school?Under what conditions does the usuli principle become binding upon the laymen en mass, and additionally does it become binding as soon as one goes to a mufti of this age? Muftis differ in opinion, so ones application of the principle may differ from another, if both are equally known for knowledge and taqwa, and one disagrees with the application of the usuli principle on a particular matter, and another disagrees, who is to be followed legally?Taqwa would say the stricter ruling I understand, but legally is there any obligation?Please use exact terminology like Wajib/Mustahabb etc.. to explain it to me in more detail.
Answer :
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
Sadd al-dharā’i‘ or “blocking the means to evil” is a principle in Shari’ah that serves as a preventative measure from committing Haram. If in those acts which are normally classified as Mubaah (permissible), there is a fear that it will lead to Haraam, then it will be Wajib to abstain from the Mubaah act.[1]
The implementation of Sadd al-dharā’i‘ is based on the discretion of a Mufti[2]. He would apply his mind and examine the issue at hand and if his insight guides him that the Mubaah act will be abused and it will lead to Haram, then he could issue a ruling of prohibition from the onset, in spite of the act being permissible in itself.
The basis of Sadd al-dharā’i‘ is found in various places in The Quran and Ahadith.[3]
If there are academic differences between two Muftis, then the one who is known to be most learned should be followed. [4]
If both are known to be equally learned, then follow the one who is known for his Taqwa. If both are equal in that, then place your trust in any one Mufti and practice on his fatwa.
The same would be if one cannot judge who is more learned or has more Taqwa.
And Allah Ta’āla Knows Best
Arshad Ali
Student Darul Iftaa
Trinidad
Checked and Approved by,
Mufti Ebrahim Desai.
http://www.daruliftaa.net/
[1] المدخل إلى الفقه الإسلامي وأصوله (ص: 165)
سد الذرائع، فالذرائع والوسائل والطرق إلى الشيء نهى الشارع عنه وهي في الأصل مباحة، لكن من حيث إفضاؤها إلى المنهي تزول إباحتها، فسدها ومنعها من أصول مالك - رضي الله عنه -، كما في قوله - جل جلاله -: { وَلا يَضْرِبْنَ بِأَرْجُلِهِنَّ لِيُعْلَمَ مَا يُخْفِينَ مِنْ زِينَتِهِنَّ }
دراسات فقهية وعلمية(العلمية) ص 196
[2] Pertaining to who can give a ruling on Sadd al-dharā’i, Mawlana Ashraf Ali Thaanwi (Rahimahullah) says,
“The ‘ijtihaad’ of just anyone is not of any consideration when it comes to calling a Mubaah act Haraam due to any factor or valid reason. Only a wise Muhaqqiq will understand things such as which evil factors render a Mubaah act Haraam or impermissible, and which not. Moulana Qaasim Nanotwi (rahmatullah alayh) used tosay that this decision can be made by Shaari`(Allaah Ta`ala), or that person who adequately understands the Speech ofShaari`
There are some example of this in the Shariah – one is the incident of the Hateem (where the Kaabah was rebuilt) and the second is the Nikah of Hadhrat Zainub (radhiallahu anha), who was the divorcee of Nabi’s (sallallahu alayhi wasallam) adopted son, to Nabi (sallallahu alayhi wasallam). In the first incident consideration was taken of the fasaad which was inherent (if the Hateem were to included as part of the Kaabah) and in the second incident the fasaad was not considered (where the people would consider as incorrect the Nikah of the divorcee of an adopted son to his guardian). From these we understand that every fasaad is not taken into consideration, and that every maslihah (benefit/goodness) is not liable for acceptance. Therefore it is not the right of everyone to label as Haraam a thing on the possibility of it leading to a mufsid (harm)”
[3] وَلاَ تَسُبُّواْ الَّذِينَ يَدْعُونَ مِن دُونِ اللّهِ فَيَسُبُّواْ اللّهَ عَدْواً
And do not insult those whom they (the Kuffar) worship other than Allah , lest they insult Allah in enmity without knowledge.(6:108)
It is clear that to censure the false ‘gods’ is a necessary and permissible act, it is possible that this may lead to them hurling abuse at Allah Ta’ala, hence it is forbidden.
Another such example from the Qur’an is, Allah Ta’ala states,
وَلَا تَقْرَبُوا الزِّنَا إِنَّهُ كَانَ فَاحِشَةً وَسَاءَ سَبِيلًا
“And you shall not ever approach illicit sexual intercourse. Indeed, it is utter lewdness and a most evil way.” (17: 32)
In this verse, Allah Ta’ala is not only prohibiting us from illicit relations, but He is also preventing us from doing anything close to it which may lead to such evils.
Narrated Shaqiq bin Salama:
I was with `Abdullah and Abu Musa (Radhiallahu Anhum); the latter asked the former, "O Abu `Abdur-Rahman! What is your opinion if somebody becomes Junub and no water is available?" `Abdullah replied, "Do not pray till water is found." Abu Musa said, "What do you say about the statement of `Ammar (who was ordered by the Prophet (ﷺ) to perform Tayammum). The Prophet (ﷺ) said to him: "Perform Tayammum and that would be sufficient." `Abdullah replied, "Don't you see that `Umar was not satisfied by `Ammar's statement?" Abu- Musa said, "All right, leave `Ammar's statement, but what will you say about this verse (of Tayammum)?" `Abdullah kept quiet and then said, "If we allowed it, then they would probably perform Tayammum even if water was available, if one of them found it (water) cold." The narrator added, "I said to Shaqiq, "Then did `Abdullah dislike to perform Tayammum because of this?" He replied, "Yes."(Muslim)
[4] الدر المختار وحاشية ابن عابدين (رد المحتار) (5/ 361)
(وإذا اختلف مفتيان) في جواب حادثة (أخذ بقول أفقههما بعد أن يكون أورعهما) سراجية وفي الملتقط وإذا أشكل عليه أمر ولا رأي له فيه شاور العلماء ونظر أحسن أقاويلهم
البحر الرائق شرح كنز الدقائق ومنحة الخالق وتكملة الطوري (6/ 292)
وَإِذَا اخْتَلَفَ مُفْتِيَانِ يَتَّبِعُ قَوْلَ الْأَفْقَهِ مِنْهُمَا بَعْدَ أَنْ يَكُونَ أَوْرَعُهُمَا
فَإِنْ اخْتَلَفَا وَلَا نَصَّ قَدَّمَ الْأَعْلَمَ، وَكَذَا إذَا اعْتَقَدَ أَحَدَهُمَا أَعْلَمَ أَوْ أَوْرَعَ وَيُقَدَّمُ الْأَعْلَمُ عَلَى الْأَوْرَعِ،
مجمع الأنهر في شرح ملتقى الأبحر (2/ 154)
وَإِذَا اخْتَلَفَ يَتْبَعُ مُفْتِيَانِ قَوْلَ الْأَفْقَهِ.
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