In the Name of Allāh,
the Entirely Merciful, the Especially Merciful
Praise is due to Allāh, Lord of the worlds, may the blessings and peace be upon our master Muḥammad, the last of prophets, on his family, and all his companions.
Resolution No. 92 (9/9)
Sad Dharai (Blocking Means to Evil)
The Council of the International Islamic Fiqh Academy of the Organization of the Islamic Conference, holding its 9th session in Abu Dhabi, United Arab Emirates, on 1–6 Dhū al-Qi’dah 1415h (1–6 April 1995),
Having examined the research papers submitted to the Academy concerning
Sad Dharai (Blocking Means to Evil),
Having listened to the discussions on the subject,
Resolves
- The preemption of the means to evil is one of the fundamental principles of Shariah. It is defined as the prohibition of an otherwise permissible matter but which may be used to commit corruptions or prohibitions.
- The preemption of the means to evil is not limited to matters that call for questioning or caution, rather it can extend to all that could be used as gateway to any prohibited
- The preemption of means to evil calls for blocking the way to any tricks that paves the way to the commitment of forbidden acts or to the nulli- fication of any provision or requirement of Shariah. A trick differs from Dhari’a (sing. evasive legal devices) in that the former depends on the existence of deliberate intention, whereas the latter does not.
-
Dharia (evasive legal device) are of several categories:
- The first category is subject to a legal consensus regarding its prohibition:
This category includes evasive devices that are stipulated in the Holy Quran and the Sunnah, and those which are definitely or most probably conducive to evil action, regardless of whether the medium used is itself permissible, desirable, or obligatory, such is the case of contracts which are concluded for the purpose of committing a
prohibited act by stipulating it in the contract.
- The second category is unanimously subject to an open character:
This includes cases where the benefit exceeds the harm that can be caused.
- The third category is subject to a legal disagreement:
This includes cases where to all appearance, the intention is a sound one but is still surrounded by a suspicion of a gateway to something prohibited, due to its frequent use to such a purpose.
- The legal norm for the permissibility of a Dhari’a is that it rarely leads to an evil action or that the action’s benefits are more likely than the harm that
The legal norm for the prohibition of a Dhari’a is that it definitely or in most cases leads to an evil action, or that the harm likely to result from it is greater than the benefit.
Indeed, Allāh is All-Knowing.
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