The Evolution of Fiqh(1.4.2 The Reduction of Religious Obligations)

A number consequence of the previous principle is that

the total number of legal obligations should be relatively few.

Accordingly, the prohibited acts and substances in Islamic

legislation are quite few in comparison to those which are

allowed by direct command or by the absence of any

command of prohibition.

  This principle can be clearly seen in

the method by which the Qur’aan deals with prohibitions and

permissions. In the case of prohibitions, the sub-categories are

named and listed, while in the case of permissions, a general

allowance is given due to the great number of categories

included in it. For example, with regard to women with whom

marriage is forbidden, Allaah states,

“Prohibited to you are your mothers, your

daughters, your sisters and your aunts…”Soorah an-Nissaa (4): 23

After completing the prohibited categories, Allaah says,

“Except for these, all others are lawful,

provided you seek them in marriage with a

dowry and not for fornication.”Soorah an-Nissaa (4): 24.

As for foods, the forbidden categories are also listed in detail.

The Qur’aan states,

“Forbidden to you (for food) are: animals

which die of themselves, blood, pork, animals

slaughtered in the name of others besides

Allaah, animals killed by strangulation, or a

blow, or a fall, or by being gored…”Soorah al-Maa’idah (5): 3.

On the other hand, in regard to the permissible foods,
 Allaah swt states,

“On this day all good things are made lawful

for you. The food of the people of the Book is

lawful to you and your food is lawful to

them…”Soorah al-Maa’idah (5): 5

Furthermore, in spite of the fact that the things which have

been forbidden are quite few in comparison to those which

have been permitted, the sin of one who is forced to take

forbidden substances has also been lifted, as was mentioned

previously. Allaah states this concession in a number of places

in the Qur’aan. For example:

“But if anyone is forced by necessity, without

willful disobedience, nor transgressing due

limits, there is no sin on him. For Allaah is

oft-forgiving, Most Merciful.”Soorah al-Baqarah (2): 173.

It is also worth nothing that the laws, on the whole, do not

contain so many details as to create difficulty for those who

wish to strictly follow the teachings of the Qur’aan. Among the

verses of the Qur’aan which indicate the existence this

principle is the following:

“Oh you who believe, do not ask about things

which, if made plain for you, will cause you

trouble. But if you ask about them plain to

you. Allaah has exempted them. And Allaah

is oft-Forgiving, Most Gentle.”Soorah al-Maa’idah (5): 104.

The prohibited questions concern issues about which

Allaah has chosen to enact prohibitions due to their questions.

And, if they did not ask about them, they would have been left

with a choice between doing them and not doing them.

Included in this category is the Prophet’s (s.w.) response to

repeated question concerning whether Hajj was compulsory

every year.Taareekh at-Tashree’ al-Islaamee, pp. 20-1.

 He said, “If I sad yes, it would have become

compulsory. Leave me alone concerning things which I have

left up to you, for certainly those before you were destroyed

because of their many unnecessary questions and their

arguments and disagreements with their prophets.”(Sahih Muslim)

 In another

narration, he was reported to have said, “If I have prohibited

you from doing something, avoid it totally. But, if I command

you to do something, do as much of it as you can.”(Sahih Muslim)

 He was also reported to have said, “The Muslims who have committed

the gravest offense against Muslims are those who asked about

things which were not prohibited, because of their questions.”

Muslim (Sahih Muslim

(English Trans.), vol. 4, p. 1257, no. 5821).

A good Example of limitation of details can be found in

the Qur’anic treatment of business transactions. The laws in

this regard have not at all been detailed. Instead, general

precepts suitable for all circumstances have been legislated.

For example, Allaah states:

“Oh you who believe, fulfil your contracts.”Soorah al-Maa’idah (5): 1.

“Allah has made trade lawful and prohibited

interest.”Soorah al-Baqarah (2): 275.

“Oh you who believe, do not eat up you

properties amongst yourselves unfairly. But

there should be trade by mutual good-will.”Soorah an-Nissaa (4): 29.