The Principle of Permissibility in Matters: Between Scriptural Evidence and Applicable Regulations

الأصل في الأشياء الإباحة" بين الأدلة الشرعية والضوابط التطبيقية"

Abstract

The question of the fundamental default ruling in Islamic Law, known as the Asl fi al-Ashya, stands as a cornerstone in jurisprudential studies, guiding Muslims in their engagement with the modern world. When God Almighty revealed the Shari'ah, He clearly defined the lawful (halal), the unlawful (haram), and the mandatory obligations (fara'id). Yet, out of wisdom, He deliberately left many things in life undiscussed and unruled upon in the source texts. This silence—a mercy and expansion (tawsi'a)—has led scholars of Usul al-Fiqh (Principles of Jurisprudence) to three primary, divergent views regarding the default status of these new or unmentioned matters: Permissibility (Al-Ibahah), Prohibition (At-Tahrim), or Suspension (At-Tawaqquf) pending further evidence. This article delves into the evidence and arguments supporting each of these three crucial positions, demonstrating how the consensus of the majority—that the default is Permissibility for beneficial things—is reached, while simultaneously clarifying the specific, critical constraints and exceptions that must govern this principle in areas like harm, private relations, and acts of worship.