Counter Daleel

[ابوالوليد المسلم]

Counter Daleel

ابتسام أزاد






Bismillahir Rahmanir Raheem. Praise be to Allah Almighty, peace and blessings be upon our beloved Rasul (Messenger) Muhammad and his companions and those who followed him, Amma ba’d...

Firstly: Introduction
Frequently we get people asking this question about ruling of something saying:
‘‘What is the Daleel of its being Wajib (compulsory)’’?




Or,
‘‘What is the Daleel of its being Haram (forbidden)’’?







But have you ever heard people asking the ‘Counter Daleel’ saying:
‘‘What is the Daleel of its not being Wajib (compulsory)’’?




Or,
‘‘What is the Daleel of its not beingHaram (forbidden)’’?
And for this we have to understand some basic idiomatic terms first…
Secondly: Relevant Idiomatic Terms
a. Daleel (دلِيل): Evidence or proof used by correct methodology through which one can extract a Hukm (ruling)[1].




Explanation: The Ayah ﴾وَأَقِيمُوا الصَّلاةَ﴿, i.e. ‘‘And establish Salat (prayer)[2]’’ is a Daleel (evidence) itself, used by correct methodology through which one can extract a Hukm (ruling).




b. Dall (دالٌّ): The One Who establishes a Daleel; and He is Allah – the Exalted[3].
Explanation: The One Who established and legislated this Daleel (evidence) of the Qur’an ﴾وَأَقِيمُوا الصَّلاةَ﴿, i.e. ‘‘And establish Salat (prayer)[4]’’, is the Dall and He is Allah Almighty.





c. Madlool (مَدلُول): What a Daleel refers to; i.e. Hukm (ruling)[5].
Explanation: The Daleel (evidence) ﴾وَأَقِيمُوا الصَّلاةَ﴿, i.e. ‘‘And establish Salat (prayer)[6]’’ here refers that establishing Salat is Fard (obligatory); so its being obligatory is the Madlool or Hukm (ruling) here.







d. Dilalah (دِلالَة): It is the Masdar (root word) of the verb (دَلَّ-يُدُلُّ)[7].
Explanation: Dilalah (دِلالَة) means reference, indication, direction, and is derived from the Maddah (root letter) - [د ل ل][8].




e. Istidlal (اسْتِدلال): The process of extracting a Hukm (ruling) from a Daleel (evidence)[9].
Explanation: The process of extracting a Hukm (ruling) like - establishing Salat (prayer) is Fard (obligatory) from the Daleel




﴾وَأَقِيمُوا الصَّلاةَ﴿, i.e. ‘‘And establish Salat (prayer)[10]’’ is called Istidlal. And the one plays this role is the Mujtahid i.e. the one has the qualification of Ijtihad and authority of issuing Fatwa.




Thirdly: Two Notable Principals
We have to note here two basic principals in this regard:
(1) In case of worship based acts (religious affairs)




Principle-1: Principle regarding worship based acts



’’الأصل في العبادات المنع، إلا ما ثبت بدليل‘‘





‘‘The original ruling regarding worship based acts is that they are all prohibited except for those allowed/supported byDaleel (evidence from the Sharee’ah).’’





(2) In case of custom based acts (worldly affairs)
Principle-2:Principle regarding custom based acts



’’الأصل في العادات الإباحة، إلا ما ثبت بدليل‘‘




‘‘The original ruling regarding custom and tradition based acts is that they are all permissible except for those prohibited based on Daleel (evidence from the Sharee’ah).’’












Fourthly: Practical Implementations

Now let’s go through some practical implementations of each principle.



So, we have to double check first whether the question is about Deeni (religious) affairs or Dunyawi (worldly) affairs.







Principle-1: Principle regarding worship based acts



(1) If the question is regarding worship based act,then the correct question patternshould be:



‘‘What is the Daleel of this worship based act being Wajib (compulsory)’’?




And it would be wrongto switch the question and ask:
‘‘What is the Daleel of this worship based act not being Wajib (compulsory)’’?



Why?
As because theoriginal ruling of worship based acts is it’s notpermissible; until proven to be Wajib (obligatory) or Mustahabb (recommended) by Daleel (evidence).








Example (1):
So, the correct question pattern is to ask:
‘‘What is the Daleel of fasting the month of Ramadanbeing Wajib (obligatory)?’







Then the answer would be:



Daleel-1:



﴿يَا أَيُّهَا الَّذِينَ آمَنُوا كُتِبَ عَلَيْكُمُ الصِّيَامُ كَمَا كُتِبَ عَلَى الَّذِينَ مِن قَبْلِكُمْ لَعَلَّكُمْ تَتَّقُونَ﴾[11]



‘‘O you who have believed, fasting has been decreed upon you as it was decreed upon those before you that you may become righteous.’’







Daleel-2:



﴿شَهْرُ رَمَضَانَ الَّذِي أُنزِلَ فِيهِ الْقُرْآنُ هُدًى لِّلنَّاسِ وَبَيِّنَاتٍ مِّنَ الْهُدَىٰ وَالْفُرْقَانِ ۚ فَمَن شَهِدَ مِنكُمُ الشَّهْرَ فَلْيَصُمْهُ ۖ وَمَن كَانَ مَرِيضًا أَوْ عَلَىٰ سَفَرٍ فَعِدَّةٌ مِّنْ أَيَّامٍ أُخَرَ ۗ ﴾[12]



‘‘The month of Ramadhan [is that] in which the Qur'an was revealed, a guidance for the people and clear proofs of guidance and criterion. So whoever sights [the new moon of] the month, let him fast it; and whoever is ill or on a journey – then (he has to make up) an equal number of other days.’’








Daleel-3:



«بُنِيَ الإِسْلامُ عَلَى خَمْسٍ: شَهَادَةِ أَنْ لا إِلَهَ إِلا اللَّهُ وَأَنَّ مُحَمَّدًا عَبْدُهُ وَرَسُولُهُ، وَإِقَامِ الصَّلاةِ، وَإِيتَاءِ الزَّكَاةِ، وَحَجِّ الْبَيْتِ، وَصَوْمِ رَمَضَانَ»[13]



‘‘Islam is built on five (pillars): Testimony that there is none worthy of worship except Allah and that Muhammad is His slave and Messenger, and establishing Salah, and paying Zakah, and Hajj to the House (Ka’bah), and fasting Ramadan.’’

And the wrong question pattern would be to ask:
‘‘What is the Daleel of fasting the month of Rajabnot beingWajib (obligatory)?’’





Because the original ruling of worship based acts is it’s not Wajib (obligatory); until proven to be Wajib (obligatory).




So, the one who claimssomething opposite to the original ruling, is the one who is the accountable to present Daleel (evidence) and not vise versa.







(2) Likewise, if the question is regarding worship based act,then the correct question patternshould be:
‘‘What is the Daleel of this worship based act being Mustahabb (recommended)’’?



And it would be wrongto switch the question and ask:



‘‘What is the Daleel of this worship based act not being Mustahabb (recommended)’’?




Why?
Because theoriginal ruling of worship based acts is it’s notpermissible; until proven to be Wajib (obligatory) or Mustahabb (recommended) by Daleel (evidence)



Example (2):
So, thecorrect question patternis to ask:





‘‘What is the Daleel of fasting three days a month being Mustahabb (recommended)?’’




Then the answer would be from the Hadeeth:



«أَوْصَانِي خَلِيلِي صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ بِثَلاثٍ ؛ صِيَامِ ثَلاثَةِ أَيَّامٍ مِنْ كُلِّ شَهْرٍ، وَرَكْعَتَيِ الضُّحَى، وَأَنْ أُوتِرَ قَبْلَ أَنْ أَنَامَ.»[14]







‘‘My close friend (the Prophet) - peace and blessings of Allah be upon him - advised me to do three things: to fast three days of every month, to pray two rak‘ahs of Ad-Duha, and to pray Witr before I go to sleep.’’





And thewrong question patternwould be to ask:
‘What is the Daleel of fasting ten days a month not beingMustahabb



(recommended)?’




Because the original ruling of worship based acts is it’s not Mustahabb (recommended); until proven to be Mustahabb (recommended).




So, the one who claims something opposite to the original ruling, is the one who is the accountable to present Daleel (evidence) and not vise versa.



======



Principle-2: Principle regarding custom based acts

(3) But, if the question is regarding custom based acts, like food, dress, vehicle etc. then the correct question patternshould be:
‘‘What is the Daleel of this custom based actbeing Haram (prohibited)’’?




And it would be wrong to switch the question and ask:
‘‘What is the Daleel of this custom based act not being Halal (permissible)’’?




Why?
Because theoriginal ruling of custom based acts is it’s Mubah (permissible) and not Haram (prohibited), nor Makrooh (disliked); until proven to be Haram (prohibited) or Makrooh (disliked)by Daleel (evidence).







Example (3):
The wrong question pattern would be to ask:
‘‘What is the Daleel of pineapple cake being Halal (permissible)?’’
Because the original ruling of custom based acts is it’s all Halal or Mubah (permissible); until proven to be Haram (prohibited) or Makrooh (disliked) by Daleel (evidence).








Daleels like:



Daleel-1:



[15]﴿هُوَ الَّذِي خَلَقَ لَكُم مَّا فِي الأَرْضِ جَمِيعًا ُمْنه﴾



‘‘It is He who created for you all of that which is on the earth.’’




Daleel-2:



[16]﴿قُلْ مَنْ حَرَّمَ زِينَةَ اللَّهِ الَّتِي أَخْرَجَ لِعِبَادِهِ وَالطَّيِّبَاتِ مِنَ الرِّزْقِ ۚ﴾



‘‘Say: Who has forbidden the adornment of Allah which He has produced for His servants and the good [lawful] things of provision?’’



And correct question pattern is to ask:



‘‘What is the Daleel of eating this specific type of pineapple cake being Haram (prohibited) if such and such ingredients are mixed in it?’’

So, the one who claims something opposite to theoriginal ruling, is the one who is the accountable to present Daleel (evidence) and not vise versa.




(4) Likewise, if the question is regarding custom based acts, like food, dress, vehicle etc. then the correct question patternshould be:
‘‘What is the Daleel of this custom based act beingMakrooh (disliked)’’?




And it would be wrong to switch the question and ask:
‘‘What is the Daleel of this custom based act not being Halal (permissible)’’?





Why?Because theoriginal ruling of custom based acts is it’s Mubah (permissible) and not Haram (prohibited), nor Makrooh (disliked); until proven to be Haram (prohibited) or Makrooh (disliked)by Daleel (evidence)



Example (4):
Thewrong question patternwould be to ask:‘‘What is the Daleel of grape juice being Halal (permissible)?’’
Because the original ruling of custom based acts is it’s all Halal or Mubah (permissible); until proven to be Haram (prohibited) or Makrooh (disliked) by Daleel (evidence).







Daleels like:



Daleel-1:



[17]﴿هُوَ الَّذِي خَلَقَ لَكُم مَّا فِي الْأَرْضِ جَمِيعًا ُمْنه﴾



‘‘It is He who created for you all of that which is on the earth.’’







Daleel-2:



[18]﴿قُلْ مَنْ حَرَّمَ زِينَةَ اللَّهِ الَّتِي أَخْرَجَ لِعِبَادِهِ وَالطَّيِّبَاتِ مِنَ الرِّزْقِ ۚ﴾



‘‘Say: Who has forbidden the adornment of Allah which He has produced for His servants and the good [lawful] things of provision?’’




And thecorrect question patternis to ask:
‘‘What is the Daleel of eating this specific type of grape juice being Makrooh (disliked) if



it seems to be suspicious due to such and such reasons?’’
So, the one who claims something opposite to the original ruling, is the one who is the accountable to present Daleel (evidence) and not vise versa.







Fifthly: Conclusion
So these are the most important fundamental concepts that we as Muslims should adopt, be aware of and act upon to the best of our ability.







May Allah - subhanaH - teaches us what is beneficial and benefits us through what He teaches us and increases our knowledge and Taqwa.
Praise be to Allah the All-Knowing, the All-Seeing.







Ibtesam Azad (Sha’ban, 1442/March, 2021)

[1] Al-Uddah Fee Usool Al-Fiqh, Abu Ya’la, (1/131)

[2] Al-Baqarah: 43

[3] Al-Uddah Fee Usool Al-Fiqh, Abu Ya’la, (1/136)

[4] Al-Baqarah: 43

[5] At-Talkhees Fee Usool Al-Fiqh, Al-Juwaini, (1/117)

[6] Al-Baqarah: 43

[7] Al-Uddah Fee Usool Al-Fiqh, Abu Ya’la, (1/132-133)

[8] Al-Uddah Fee Usool Al-Fiqh, Abu Ya’la, (1/132-133)

[9] Al-Uddah Fee Usool Al-Fiqh, Abu Ya’la, (1/132)

[10] Al-Baqarah: 43

[11] Al-Baqarah: 183

[12] Al-Baqarah: 43

[13] Muslim (16)

[14] Al-Bukhari (1981)

[15] Al-Baqarah: 29

[16] Al-A’raf: 32

[17] Al-Baqarah: 29

[18] Al-A’raf: 32