An-Nahyu (Prohibition) Produces Illegal Laws

In the Islamic religion, the most important rules that form all Islamic law are: amr (order) and accidentally (prohibition). There have been many articles discussing these two rules amr And accidentally in most sciences ushul fiqhHowever, how do ulama determine if a matter is considered haram based on the arguments that prohibit it? In this article, we will learn about accidentally, that is:

1) What do the relevant scholars think about an-nahyu produce haram laws?

2) What kind of conditions? annahyu does it result in haram laws?

Understanding accidentally (prohibition)

Prohibition linguistically meaningful prohibition, namely prevention, prohibition. [1]

Prohibition: A statement containing a request for abstention by means of superiority in a certain form, namely present tense plus without ending.

By accident (prohibition) is a statement that contains a request not to carry out an action from a higher party using a special form, namely fail mudhari’ (a verb indicating present or future time) accompanied la nahiyah (the word ‘no’ in Arabic indicates prohibition). [2]

For example in the word of God Exalted,

And do not follow the desires of those who deny Our verses and those who do not believe in the Hereafter.

“And do not follow the desires of those who deny our verses and those who do not believe in the afterlife.” (QS. Al-An’am: 150)

From this definition, it can be clarified and detailed that speech does not include signals. The signal is not named accidentally despite being pregnant accidentally. A request not to perform an action does not cover amr (command) because amr is a request to perform an action. From a higher party does not cover Help (request), prayer, and form accidentally otherwise indicated by its existence qarinah (indication).

With a special form, viz fail mudhari’ does not include something that indicates a request not to carry out an action in a form amrfor example the word Let (let), Leave (leave), palm (hold it, don’t do it), and the like. Even though these words contain a request not to do an action, they use a form Morning, up to and including amr (order), no accidentally (prohibition).

Scholars’ opinion about accidentally produce haram laws

Origin law accidentally produces laws that are haram and this is the opinion of the majority of ulama. Imam Shafi’i God bless said, “Native Law accidentally from the Prophet sallallaahu ‘alaihi wa sallam is that everything that is prohibited from it, then the law is haram until there is an argument that shows its meaning is not haram. Sometimes a prohibition is intended for some things, excluding others. And sometimes accidentally intended from him to tanzih (meaning: it is best to abandon) something that is prohibited.” [3]

Ibn Abd al-Barr God bless said, “And a prohibition in the sight of Allah contains something that is haram unless there is an argument that removes it that explains its meaning. Don’t you see from the words of the Messenger of Allah peace be upon him(so that you know that Allah has forbidden it and then said, “Indeed, whoever drinks it is unlawful, it is also unlawful to sell it), then Allah established the prohibition.” [4]

Sheikh bin Baz may Allah have mercy on him was asked, “News has come that Rasulullah sallallaahu ‘alaihi wa sallam prohibiting a practice, does the prohibition make it haram or is the prohibition only makruh?”

He Rahimahumullah answered, “The origin of the prohibition is haram, based on the words of the Prophet May Allah bless him and grant him peace

On the authority of Abu Hurairah radhiyallahu ‘anhu, he said: I heard Rasulullah SAW say: What I have forbidden you, avoid, even though I have not commanded you. So do what you can from there, because the people before you were destroyed just because of their many questions and differences of opinion towards their prophets.

From Abu Hurairah May god bless you ‘anhuhe said, “I heard the Messenger of Allah sallallaahu ‘alaihi wa sallam said, ‘Whatever I forbid you, stay away from it. And whatever I command you, do as much as you can. Indeed, what destroyed the people before you was only because they asked many questions and disputed with their Prophets.” [Diriwayatkan oleh al-Bukhâri dan Muslim]

So do not move what is haram to makruh without any evidence to show it.” [5]

By accident can result in makruh laws

The ulama also brought it accidentally on evil things. So it has fundamentally changed from accidentally which is prohibited from happening accidentally which is makruh. The following are several reasons (indications) that turn away from the original law of being haram to being makruh:

To distinguish between the words and deeds of the Prophet sallallaahu ‘alaihi wa sallam

When the Prophet sallallaahu ‘alaihi wa sallam prohibiting something (with words), then he does what is prohibited from him, then this shows that the law of prohibition is makruh.

Sheikh Ibn Baz Rahimahumullah said, “Native Law accidentally haram, and it is not permissible to change something that is haram into makruh except with evidence that shows this. If he prohibits something, then does something that is prohibited, then there is evidence that the prohibition is makruh. For example, he is prohibited from drinking while standing, then he drinks while standing at certain times. It shows that prohibition is not for prohibition. And actually it is permissible to drink while sitting and standing. However, if he drinks while sitting, then it is better and afdol.” [5]

This prohibition is contained in the chapter on manners and ethics

If the prohibition is expressed in matters of adab (ethics), then it is understood by many ulama as a makruh prohibition. And in part No, Some scholars have stated diversion to change the prohibition from haram to makruh. This is a view Al-Hafizh Ibn Hajar God bless in the Fatul Baari. For example, the prohibition on leaning with the right hand does not appear to be haram or not tanzih or whether there is qarinah (indicator) that turns into accidentally the makruh is also not visible from him; while this problem is related to adab. Most scholars say this tanzih, whereas ahlu zhahir (scholars who understand Nas textually) is of the view that this is forbidden. [6]

Sheikh Ibn Utsaimin God bless said, “Some scholars have a middle way, namely that al-amr divided into two parts: worship commandments and commandments literature which means the chapter on manners and ethics. What is meant by worship is al-amr which contains an obligation, because Allah commands us to seek His pleasure and draw closer to Him. So we are obliged to do something if it is an order and leave something if it is a prohibition. However, if it is related to manners and ethics, there is no connection between the problem and getting closer to God Drugthen the command becomes something that is recommended to be abandoned and the prohibition in it makes it makruh and not a prohibition.” [7]

That accidentally return to its original state

This diversion occurs due to certain circumstances, such as if there is a reduction in an act that is prohibited from doing so in a state of certainty, for example fasting on Fridays. In the history of Abu Hurairah May god bless you, Rasulullah May Allah bless him and grant him peacesaid, “Do not fast on Friday unless he fasts before or after Friday.” [8]

In this hadith, it is permissible to fast if one does not only fast on Fridays. So, he will be rewarded (fasting on Friday) if he is free from this prohibited state; This is according to the opinion of some scholars.

Sheikh Muhammad bin Ibrahim God bless was asked, “If the origin of the prohibition is haram, doesn’t that make Friday fasting makruh?” He said, “It could be that he is given leniency according to the Shari’a, namely fasting on Friday and accompanied by fasting after and before Friday. If it is haram (absolutely), then he may not fast at all.” [9]

Because the consensus states that there is no prohibition

A turning away that changes accidentally what is haram becomes makruh based on ijma’ that accidentally in it are makruh things, like problems the gas. Ibn Umar May Allah bless him and grant him peace said that the Messenger of Allah sallallaahu ‘alaihi wa sallam forbid gas’. I (Umar bin Nafi’) said to Nafi’, “What is that? Gas?’ Nafi’ answered, “Accident” is to shave part of a child’s head and leave the other part.” [10]

In other testimony, An-Nawawi God bless explained that the ulama agreed (agree) that the gas It is disallowed if the hair is shaved in different places (for example: the front and back are bald, the sides are not bald) unless it is in a condition of healing from an illness or the like. The meaning of makruh here is makruh tanzih. [11]

Cover

In closing, it can be concluded that the law of origin accidentally illegal based Nas–Nas in it, and haram laws do not apply if there is evidence or qarinah who turned away accidentally what is haram is makruh. God willing Drug gives guidance to all of us and guides us to always adhere to the Al-Qur’an and As-Sunnah. Wallahu a’lam.

***

Writer: Luqman Hasan Nahari

Article Muslim.or.id

Source: with several changes and additions developed and adapted to the author’s context.

Footnote:

[1] Al-Munawwir, 1: 1471, by KH Ahmad Warson Munawwir.

[2] Al-Ushul min ‘Ilmil Ushul, 1: 30, by Sheikh Muhammad bin Salih Al-‘Utsaimin.

[3] The Book of Al-Ummu li Ash-Syafii, 7: 305, Ash-Shafii Abu Abdillah Muhammad bin Idris.

[4] At-Tamhid, 4: 141, by Abu Mundzir Mahmud.

[5] Fatawa Noor Without Action, by Sheikh Bin Baz.

[6] Fathul Bari, 1: 253, works Al-Hafizh Ibn Hajar.

[7] Syrah Mandzumah Ushul Fiqh wa Qawaidohu, by Sheikh Ibn Utsaimin.

[8] Sahih Muslim, NO. 1144.

[9] Fatwa for Rasail, 4: 161, by Sheikh Muhammad bin Ibrahim.

[10] Sahih Muslim, NO. 2120.

[11] Syarah Sahih Muslim, 14: 104, by Imam Nawawi.