قواعدِ فقہیہ اور حلال و حرام: “الأصل في الأشياء الإباحة” کا تطبیقی مطالعہ

“Islamic Legal Maxims and Ḥalāl–Ḥarām: An Applied Study of the Maxim ‘The Default Ruling on Things Is Permissibility DOI:https://doi.org/10.5281/zenodo.18257123

Abstract

This research article examines the fiqhī legal maxim “الأصل في الأشياء الإباحة” (“The original ruling regarding things is permissibility”) and its role in determining ḥalāl and ḥarām in Islamic law. The study begins by defining qawāʿid fiqhiyyah (legal maxims) and showing their importance as concise, general principles that organize many detailed rulings and guide juristic reasoning in new issues. It then explains the distinction between ʿibādāt (acts of worship) and muʿāmalāt (transactions and social dealings): in worship the basic rule is prohibition until there is proof of legislation, whereas in worldly matters the basic rule is permissibility unless there is proof of prohibition.

The article presents Qur’anic and Prophetic evidences supporting the principle of permissibility, and surveys how leading jurists in the four Sunni schools have adopted and applied this maxim. It further explores its practical use in classical and contemporary fields such as food and drink, financial transactions, medical treatments, technology, and digital tools. At the same time, the study clarifies the limits of the maxim through other legal principles, including the removal of harm. the pursuit of public interest, blocking the means to evil, and the higher objectives of Sharīʿah.

The conclusion stresses that this maxim is a powerful instrument for ijtihād and for dealing with emerging issues, but it must always operate under the authority of explicit texts and within the framework of Sharīʿah objectives, avoiding both excessive restriction and reckless permissiveness.