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Principles of Jurisprudence / Does prohibition denote detestability or impermissibility?

Does prohibition denote detestability or impermissibility?

publish date : 2015-12-15 | Views : 2357
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Dear respected Shaykh, assalamu alaikum wa rahmatullahi wa barakatuh. Al-Bukhari transmitted in his Saheeh from the hadeeth of ibn 'Umar that the Messenger of Allah prohibited al-qaza' (shaving a part of the head and leaving the other part unshaved). What is apparent is that this prohibition denotes impermissibility. However, in the books of the Hambalite jurists, and in ash-Sharh al-Mumti' we find that the jurists say that this prohibition indicates detestability. What is the proof that the prohibition denotes detestability and not impermissibility?

النهي هل هو للكراهة أم التحريم؟

All praise is due to Allah. May Allah's peace and blessings be upon the Messenger of Allah, his family and companions.

To proceed:

Based on the Islamic legal principle, a prohibition which concerns etiquettes is interpreted to mean detestability. This is the opinion of the majority of the scholars. Some scholars held that a prohibition regarding etiquettes denotes impermissibility. This is the opinion of the Zaahirites and other jurists.

Shaykh Khalid al-Mosleh

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