Explanation of the principle (Qaa’idah): ‘The origin of things is Ibaahah (permissibility)’

The principle (Qaa’idah): ‘The origin of things is Ibaahah (permissibility)’ relates to things and not actions. The things that are present in existence are permitted for us due to the general texts of the Qur’aan:
وَخَلَقَ لَكُمْ مَا في الأَرْضِ جَمِيعاً

And He created for you all that is in the earth
كُلُوا واشْرَبوا

Eat and drink

These are amongst other texts indicating that the origin in regards to them (things) is Ibaahah (permissibility) due to the generality of the texts. Therefore for a thing to be Haraam it is essential for there to exist a text that makes it Haraam because the general permissibility covers everything whilst exempting a thing from the generality to make it Haraam requires a text that exempts it. The principle of: ‘The origin of things is Ibaahah’ is therefore based upon this.

As for Af’aal (actions) then the origin in regards to them is restriction and adherence to the address of the legislator. Therefore, if the legislator (Ash-Shaar’i) has brought its permissibility the action would be Mubaah and if the Shaar’i has not come with its permissibility then it is essential to search for its Hukm within the Adillah Ash-Shar’iyah (The legislative evidences). Therefore the origin in regards to actions is not Ibaahah (permissibility) but rather it is the restriction and adherence to the Hukm Ash-Shar’iy.

Someone could argue that the invention of the nuclear bomb is an action, drawing war plans is an action and going to the Moon is an action, all of which do not contradict and oppose Islaam, and as such we can adopt them because they agree with Islaam and do not contradict with it. Adopting it would represent adopting that which does not contract Islaam and it would be an adoption of what agrees with Islaam. The answer to this is that there is a difference between the thoughts related to the ‘Aqa’id (beliefs) and the Ahkaam Ash-Shar’iyah and between the thoughts related to sciences, arts, manufacturing, inventions and similar matters. This is because the thoughts related sciences and arts (skills) etc… are permitted to take if they do not contradict with Islaam whereas the thoughts related to the ‘Aqaa’id and the Ahkaam Ash-Shar’iyah are not permitted to be taken except from that which the Messenger (saw) came with i.e. the Kitaab, the Sunnah and which these two have guided to (Ijmaa’ and Qiyaas). The Daleel for this is what Muslim related from the Nabi (saw) who said:
إِنَّمَا أَنَا بَشَرٌ ، إِذَا أَمَرَتْكُمْ بِشَيْءٍ مِنْ دِينِكُمْ فَخُذُوا بِهِ ، وَإِذَا أَمَرْتُكُمْ بِشَيْءٍ مِنْ رَأْيِي فَإِنَّمَا أَنَا بَشَرٌ

Verily I am only a man, if I have commanded you with a matter from your Deen then take it and if I command you with a matter from my opinion then I am only a man.

And also the Hadeeth related from ‘Aa’ishah (ra) and Anas (ra) who both narrated that the Nabi (saw) passed by a people who were grafting their palm trees and so he said to them that it would be ok if they did not practise this technique. They followed his advice and the produce was poor. So he (saw) passed by them and asked them about what had happened to the palm trees and they told him (saw) that we followed what you had told us. So He (saw) said:
أَنْتُمْ أَدْرَى بِأُمورِ دُنْيَاكُمْ

You are more aware of the affairs of your Dunyaa.

Another evidence has been reported by the writers of Seerah when they related that when the Nabi (saw) went out to meet the Mushrikeen in the Ghazwah of Badr. He descended at the nearest water (wells) of Badr and Al-Hubaab Bin Al-Mundhir (ra) said to him: ‘O Messenger of Allah, has this location been revealed to you by Allah Ta’Aalaa so that we cannot move forward or move back from its position or is it (from the matters) of opinion, war and intrigue (planning)?’ He (saw) said:
بَلْ هُوَ الرَّأْيُ وَالحَرْبُ وَالمَكِيدَة

Indeed it is opinion, warfare and intrigue (cunning, plotting).

He (Al-Hubaab) said: ‘O Messenger of Allah, this is not the right place to descend, so arise with the people until you come to the nearest water source of the people as I know the abundance of its water and that it will not run out. So we should descend there and then cave in all of the other water sources (wells) from the middle. Then we should build a basin upon it and fill it with water so that we can drink and they cannot. Then the Messenger of Allah (saw) said: ‘You have provided indication by way of opinion’.

All of these texts are evidence indicating matters that are not from the ‘Aqaa’id (beliefs) and Ahkaam Ash-Shar’iyah. If these matters do not contradict with Islaam where a text has not come forbidding it, then these are what we (can) adopt if it is in agreement to Islaam and does not oppose it. If there is a text forbidding it then we do not take it because the Shar’a has forbidden it. The areas of the Funoon (arts/skills), ‘Uloom (sciences), manufacturing, inventions and areas that are similar to these can be taken if they are not contrary to Islaam. So Tasweer (making pictures) is an art from the Funoon which is not from the Aqeedah and not from the Ahkaam Ash-Shari’iyah and as such we can adopt it if it is not contrary to Islaam. However a text has come to forbid it and as such we do not take it. Drawing a picture of a human, animal or bird which all possess a Rooh (spirit) by hand is Haraam upon the Muslims because the text has come forbidding it. The Messenger of Allah (saw) said:
كُلُّ مَصَوِّرٍ فِي النَّارِ

Every picture maker is in the fire.

And he (saw) said:
الَّذِينَ يَصْنَعُونَ هَذِهِ الصُّوَرَ يُعَذَّبُونَ يَوْمَ القِيَامَةِ

Those who produce these pictures will be punished on the Day of Judgement.

This is therefore a Nass (text) forbidding the Tasweer and so the drawing by hand, despite being an art, is contrary to Islaam due to a text coming forbidding it. It is therefore Haraam and it is not permissible for a Muslim to draw a picture or sculpt anything that possesses a Rooh. As for the Tasweer (Making pictures) with a camera then this is Mubaah (permissible) because it is not the making of pictures by the work of the man but rather it represents the transference of the very same thing (image). It does not fall under the mentioned forbiddance and as such is Mubaah because it is a Fann (art) which is permitted to take and adopt as long as it is not contrary to Islaam. The same applies in respect to agriculture, sea navigation, draw war plans/tactics and inventions as a whole and those areas which resemble them (in nature). This therefore is what is permissible if is not contrary and against Islaam. If however it is from the matters of the ‘Aqaa’id (beliefs) and Ahkaam Ash-Shar’iyah then it is not valid to be taken unless it is done in accordance to what the Messenger of Allah (saw) brought from Allah i.e. all actions have to be undertaken in accordance to the Ahkaam Ash-Shar’iyah.