Did Shar’a remain silent about matters where it did not explain its Hukm?

It should not be said that certain things happened that were not from the time of the Messenger (saw) or from the time before and no Hukm (ruling) was brought for them. As a result of this it is permissible to take and adopt them based on the statement of the Messenger (saw):
وَمَا سَكَتَ عَنْهُ فَهُوَ عَفْو

And what it has been silent upon then it is pardoned

This is also in addition to the statement that ‘the origin of things is Ibaahah (permissibility)’. This cannot be said because the speech (Qawl) of the Messenger (saw) does not mean what the Shar’a has remained silent upon with the meaning that it has not explained and clarified it. How perfect is Allah for this to be the case because the Shar’a did not remain silent about matters where it did not explain its Hukm. Indeed the Shar’a the Hukm (judgement) for every matter and there exists no reality except that it has a Hukm and there is no incident except that it has for it a Hukm (judgement). It is not right for a Muslim to say that the Shaar’i (legislator) has been silent over a thing or matter and has not clarified and explained its Hukm after reading the speech of Allah (swt):
الْيَوْمَ أَكْمَلْتُ لَكُمْ دِينَكُمْ وَأَتْمَمْتُ عَلَيْكُمْ نِعْمَتِي وَرَضِيتُ لَكُمُ الْإِسْلَامَ دِينًا

Today I have completed your Deen for you and perfected my favour (or blessing) upon you and I have chosen for you Islaam as a Deen (Al-Maa’idah 3).

And His (swt) speech:
وَنَزَّلْنَا عَلَيْكَ الْكِتَابَ تِبْيَانًا لِكُلِّ شَيْءٍ وَهُدًى وَرَحْمَةً وَبُشْرَى لِلْمُسْلِمِينَ

And we have revealed upon you the Book as an explanation of every matter and as a guidance, mercy and glad tidings to the Muslims (An-Nahl 89).

Therefore it is not right or valid for anyone from amongst the Muslims to hold the view that some realities are devoid of a Shar’i ruling where it is viewed that the Sharee’ah has completely neglected it. Viewing that it has no Daleel from the Kitaab or the Sunnah attributed to it or an ‘Illah Shar’iyah (Legal reasoning) that has come in an explicit text or by way of Dalaalah (implication) or Istinbaat (extraction) or Qiyaas (analogy) that alerts the Sharee’ah by way of a certain Daleel or sign (Amaarah) to the Hukm for some of these realities. This in regards to providing the Hukm in terms of it being obligatory, recommended (Mandoob), Haraam, Makrooh, Mubaah, Baatil, Faasid or a Sabab, Shart or Maan’i etc… It is not permissible for any Muslim to hold this view because by doing so he will be finding fault in the Sharee’ah by saying that it is incomplete and he would permit going to judgement to other than the Shar’a which is in opposition to the speech of Allah (swt):
فَلَا وَرَبِّكَ لَا يُؤْمِنُونَ حَتَّى يُحَكِّمُوكَ

But no, by your Lord, they will not believe until they go to you for judgment (An-Nisaa’ 65).

If the Shar’a had not come with the Hukm (according to this view) and the Muslim then took a Hukm that the Shar’a had not come with, then he would have judged by other than the Shar’a and this is not permissible. As such the claim that the Shar’a did not come with Ahkaam (rulings) for every incident means permitting going to judgement to other than the Shar’a, because the Shar’a (in their view) did not come with it, is a false and invalid (Baatil) claim.

Therefore the meaning of the Hadeeth ‘And what it has been silent upon then it is pardoned’ is not that the Shar’a has not explained the Hukm. Rather its meaning is that the Messenger (saw) addressed his Sahaabah (rah) and said to them in meaning: ‘Take what the text has brought and do not ask about other than that so that it does not become Haraam for you’. This is like his speech (saw):
ذَرُونِي مَا تَرَكْتُمْ فَإِنَّمَا هَلَكَ مَنْ كَانَ قَبْلَكُمْ بِكَثْرَةِ سُؤَالِهِمْ وَاخْتِلَافِهِمْ عَلَى أَنْبِيَائِهِمْ . فَإِذَا نَهَيْتُكُمْ عَنْ شَيْءٍ فَاجْتَنِبُوهُ . وَإِذَا أَمَرْتُكُمْ بِأَمْرِ فَأْتُوا مِنْهُ مَا اسْتَطَعْتُمْ

Do not push me to tell you more than I have told you. Those who came before you were destroyed because they asked too many questions and argued with their Prophets. So if I have forbidden you from something then keep away from it and if I have commanded you with something then do it to the best of your ability (Muslim).

The meaning therefore of: ‘What it has been silent upon’ is that which he has not forbidden, so do not ask me about it as Allah (swt) has pardoned it and lifted it from you, so do not make the weight and burden heavier upon yourselves and do not seek to do so. The evidence for this is found in the full text of the Hadeeth as he (saw) said: ‘And do not search for them’.
إِنَّ اللَّهَ فَرَضَ فَرَائِضَ فَلَا تُضَيِّعُوهَا ، وَنَهَى عَنْ أَشْيَاءَ فَلَا تَنْتَهِكُوهَا ، وَحَدَّ حُدُودًا فَلَا تَعْتَدُوهَا ، وَعَفَا عَنْ أَشْيَاءَ رَحْمَةً بِكُمْ لَا عَنْ نِسْيَانٍ فَلَا تَبْحَثُوا عَنْهَا

Verily Allah has prescribed obligatory acts so do not neglect them, He has forbidden things so do not contravene them, He has set limits so do not transgress them, He has pardoned matters out of mercy to you and not out of forgetfulness so do not search for them.

The forbiddance is therefore related to searching into them and it does not mean that there are matters in which Allah (swt) has not explained and clarified their Hukm.