Sadd Adh-Dhara'ee

Last edition we concluded the discussion on Al-Maslaha Al-mursalah. Insha Allaah in this edition we shall be looking at another topic which is called "Sadd Adh-Dhara'ee". 
 
Adh-dhara'ee in the Arabic languageis the plural of the word "dhar'eeah" which originally means a camel released by a hunter to the midst of the games in the desert until when the games feel comfortable with it. Then the hunter stealthily moves closer to achieve his goal. The word dharee' ah was later used to refer to anything that is used in achieving a goal.
 
Technically adh-dharee'ah refers to a means to a forbidden thing with an evil effect. It may also be used to refer to a means to a recommended thing with a beneficial effect. For instance fornication/adultery is haraam, and being in isolation with a non-mahram lady is one of the ways that lead to it. Similarly the Jum'ah prayer is compulsory, and proceeding to the place where it is observed is legislated.
 
Hence we say the gate that leads to the first example, i.e. fornication should be closed (Sadd adh-dhara'ee). In the second example, (l.e, the observance of Jum'ah,) the gate that leads to it should be opened (Fat-hu adhdhara'ee )
In other words, whatever leads to haram should be haram and what leads to a recommended act should also be recommended. Or we say alwasaail laha ahkam al-maqaasid (the ruling of an end should be the ruling of the means).
However, this does not mean the same thing as the devilish Machiavellian principle of the end justifies the means. Adh-dhara'ee when absolutely used, refer to things that ordinarily appear to be halal but are used as a means to things that are haraam.
 
Consequently, adh-dhara'ee can be classified into three.
 
One: Adh-dhara'ee that seldom leads to haraam.
For instance the grape can be used for the production of intoxicants; nevertheless we can not declare its cultivation as haram because this is just one of the many uses of the grape. There are many other lawful ways in which the grape can be used.
Another example is the observance of prayer in the mosques by the women which may lead to fltnah but we can not because of that stop them from the mosques since there are many other benefits that they could get from the mosques coupled with the fact that the Shari'ah has allowed them to come to the mosques.
 
Last edition we concluded the discussion on Al-Maslaha Al-mursalah. Insha Allaah in this
edition we shall be looking at another topic which is called "Sadd Adh-Dhara'ee".
Adh-dhara'ee in the Arabic languageis the plural of the word "dhar'eeah" which originally means a camel released by a hunter to the midst of the games in the desert until when the games feel comfortable with it. Then the hunter stealthily moves closer to achieve his goal. The word dharee' ah was later used to refer to anything that is used in achieving a goal.
Technically adh-dharee'ah refers to a means to a forbidden thing with an evil effect. It may also be used to refer to a means to a recommended thing with a beneficial effect. For instance fornication/adultery is haraam, and being in isolation with a non-mahram lady is one of the ways that lead to it. Similarly the Jum'ah prayer is compulsory, and proceeding to the place where it is observed is legislated.
Hence we say the gate that leads to the first example, i.e. fornication should be closed (Sadd adh-dhara'ee). In the second example, (l.e, the observance of Jum'ah,) the gate that leads to it should be opened (Fat-hu adhdhara'ee )
In other words, whatever leads to haram should be haram and what leads to a recommended act should also be recommended. Or we say alwasaail laha ahkam al-maqaasid (the ruling of an end should be the ruling of the means).
However, this does not mean the same thing as the devilish Machiavellian principle of the end justifies the means. Adh-dhara'ee when absolutely used, refer to things that ordinarily appear to be halal but are used as a means to things that are haraam.
 
Consequently, adh-dhara'ee can be classified into three.
 
One: Adh-dhara'ee that seldom leads to haraam.
For instance the grape can be used for the production of intoxicants; nevertheless we can not declare its cultivation as haram because this is just one of the many uses of the grape. There are many other lawful ways in which the grape can be used.
Another example is the observance of prayer in the mosques by the women which may lead to fltnah but we can not because of that stop them from the mosques since there are many other benefits that they could get from the mosques coupled with the fact that the Shari'ah has allowed them to come to the mosques.
 
Two:Adh-dhara'ee that often leads to evils:
For instance the selling of weapons to two warring Muslim groups during the time of fltnah. This most likely would cause much killing of the Muslims. So it would be appropriate here to close this gate even it is originally allowed to sell weapons. But for
the evil that might emanate from this the principle of sadd adhdhara'ee must be applied.
Another example is the selling of grape to somebody who uses it for the production of intoxicants. This is haram because of that continuously confirmed evil that this generates. Likewise the renting of a house to some body that one certainly knows is going to use it for things that are haram for instance the selling of intoxicants.
 
Three: Adh-dhara'ee that involves a trick to legalise what the Shari'ah has prohibited.
For instance, engaging in 'eenah transaction and the pyramid marketing schemes that have recently emerged is a kind of eating ribaa( usury) by trick.
To be continued in sha Allaah.
 
This article was culled from the publications of Deen Communication Limited
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