Imam al-Bukhari narrates that Omar was once asked: ‘Why do we still jog around the Kaaba with our shoulders uncovered even after Islam had prevailed in Mecca?
The story behind the question is that after the ‘conquest of Mecca,’ the people of Mecca claimed the Prophet and his companions had lost their health during their prolonged stay in Medina.
Therefore, the Prophet ordered the companions to jog around the Kaaba with their shoulders uncovered in a show of strength. However, Omar did not take a purpose-oriented approach to this question. He answered: ‘We do not cease doing anything we used to do at the Prophet’s time. (Sahih al-Bukhari, Kitab al-Hajj, Bab al-Raml)
Thus, Omar made a distinction between ‘acts of worship’ (ibadat) and ‘transactions’ (muamalat). Ibadat is the act of ritual worship such as prayer or fasting while muamalat is the act of human to human interaction in worldly affairs.
Imam al-Shatibi expressed this distinction when he wrote: ‘Literal compliance is the default methodology in the area of acts of worship (ibadat), while the consideration of purposes is the default methodology in the area of worldly dealings (muamalat). (al-Shatibi, Al-Muwafaqat vol.2, p. 6)
Therefore, the default ruling for matters pertaining to the act of worship is nothing can be established as 'an act of worship', except if there is a clear and authentic text to allow it. By default, every ibadat action is prohibited unless one finds sufficient evidence to prove that it is permissible.
However, as far as worldly activities of people are concerned, nothing may be restricted in this regard except what Allah SWT has restricted. By default, every worldly action is permissible unless one finds sufficient evidence to prove that it is prohibited.
The Quran says:
"It is He who created for you all of that which is on the earth." (QS 2:29)
The Prophet (pbuh) said: “The lawful is that which Allah has made lawful for you, and the prohibited is that which is prohibited in His Book; that concerning which He is silent, He has permitted as a mercy to you.” (Bukhari, Ibn Majah and at-Tirmidhi)
Therefore, permissibility does not requires evidence, prohibition requires evidence. If you say something is haram, please provide proof from the Quran or Sunnah.
If Quran is silent about it, then let's see what the sunnah have to say. But if the sunnah is silent about it too, then stay cool and keep calm because the scholars will have a different opinion (khilaf) about it due to different ijtihad methodology to find a solution to solve the problem.
Wallahu'alam
ref: Maqasid Syariah; an introductory guide by Jasser Auda, 2008
ref: Syariah Intelligence by Sheikh Nurudeen Lemu
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