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Is the Shari'ah silent on some issues?

Question

Ibn Majah and Tirmidhi narrated on the authority of Salman al-Farisi that he said: the Messenger of Allah (sallallahu ‘alayhi wasallam) was asked about the ghee, cheese and furs? He (sallallahu ‘alayhi wasallam) said:

“The (Halal) allowed is what Allah allowed in his book, and the (Haram) forbidden is what Allah forbade in His book, and what He (sakata) kept silent about is among what He (afa) forgave”.

Al-Bayhaqi narrated on the authority of Abu Tha’labah on behalf of the Prophet (sallallahu ‘alayhi wasallam) that he said:

“Allah had obliged obligations, do not loose them, and he sat boundaries do not invade them, and he forbade things so do not trespass them, and he kept silent about other things, as a permission for you, not out of forgetness, so do not search for them”.

My question is: What is the meaning of “he kept silent about other things, as a permission for you, not out of forgetness, so do not search for them.” Does this mean the Sharia has left out certain matters and therefore there bear no Hukm Shari (ruling) and are allowed? Jazakallahu Khayran.

Answer

1. There are some things that are clearly mentioned in our Shari’ah as permitted or not permitted.
2. Some have not been explicitly mentioned, but can be included in the above through analogy.
3. The third type is what you termed as “shariah being silent upon’ This is correct, however only the fuqaha (Jurists) who have a complete understanding of the shari’ah can judge whether something falls under this category or the previous ones.

This is supported by the commentary of Hadith: 52 in Sahih Bukhari.

 

And Allah Ta’ala Knows best,

 

Answered by: Moulana Muhammad Abasoomar

 

Checked by: Moulana Haroon Abasoomar