2. Definition
Dharã‟i‟ (sing. Dhari‟ah) synonymous with
wasilah – „means‟ to obtaining certain ends
Sadd means blocking
Sadd al-dhara‟i‟ implies blocking the means
to an expected end (evil) which is likely to
materialise if the means towards it is not
obstructed.
3. The principle of Sadd al-Dhara‟i‟ applies in
cases where:
a lawful means is expected to lead to unlawful
result or
that a lawful means which normally leads to a
lawful results is used to procure an unlawful
end.
4. Examples
The use of the name Allah by non Muslims
to refer to their god.
The act (the use of the name Allah) is lawful
but may lead to evil
What is the evil?
5. Allah says: „and let them not strike [stamp] their
[women] feet [on the ground] so as to make
known what they conceal of their adornments‟ [al-
Nur: 31].
The expected result of a woman striking her feet on the
ground while adorning herself with something [anklets
as was done in the Jahiliyyah days] that will cause eyes
of foreign men to turn is prohibited since this will most
certainly lead to fitnah.
6. In addition, women are also forbidden to wear
perfume out doors in case foreign men are enticed
by their fragrance.
The Saudi government requires women to be
accompanied by mahram in performing umrah and
hajj – i.e women are not allowed to travel alone.
7. Hadith narrated by al-Bukhaari (1729) and
Muslim (2391) from Ibn „Abbaas (may Allaah be
pleased with him) who said: The Prophet (peace
and blessings of Allaah be upon him) said: “No
woman should travel except with a mahram, and
no man should enter upon her unless a mahram of
hers is present.” A man said: “O Messenger of
Allah, I want to go out with such and such an
army and my wife wants to go for Hajj.” He said:
“Go out (for Hajj) with her.”
8. Concealment or hoarding of the property or
ihtikar. Ihtikar refers to the case where shortages
are created by holding large stocks of goods in
warehouses and withholding them from sale. The
motive is that to keep supply less than the demand
and to profiteer by this situation. Trader who can
afford to block large sums of capital normally
does this activity.
9. In hadith narrated by Ibnu Majah Prophet said:
“He is a criminal who hoards grain to sell it at
higher price”.
In another hadith he said: “He also keeps back
grain from sale for forty days only to sell it at
higher prices, sale it that such a man is not aware
of the existence of God or that God has cut himself
off from him”.
10. Second caliph, Umar Ibn Al-Khattab imposed the
additional amount of the monetary payments paid
by the offender of the victim. The decision by
Saidina Umar to impose penalty to the person who
concealed the property showed that Islam always
prevents any kind of deeds, which will lead to
unfair competition such as economic crisis and
inflation
So we need the competition law and policy to
prevent economic crisis and inflation.
11. All unlawful means are forbidden even
though they might not lead to evil
These means do not fall within the ambit of
Sadd al-Dhara‟i‟ because they are
themselves prohibited acts.
12. Examples
Khalwat (illicit privacy) between a man and
a woman is unlawful because it constitutes a
means to zina whether or not it actually
leads to it.
All sexual overtures which are expected to
lead to zina are similarly forbidden by
virtue of certainty or likelihood that the
conduct would lead to zina
13. Dhari‟ah (means) may also consist of
omission of certain conduct:
Trade and commercial transaction during
Friday prayer.
The means which obstruct Friday prayer must
be blocked that is by abandoning trade at the
specified time
Canteen operational hour – fridays from 1 to 2.
14. The whole concept of Sadd al-Dhara‟i‟ is
founded in the idea of preventing an evil
before it actually materialises.
In line with the concept of „prevention is
better than cure.‟
It is therefore not always necessary that the
result should actually obtain.
15. Objective expectation is that a „means‟ is
likely to lead to an „evil‟ result which
renders the means unlawful even without
the realisation of the expected result.
Thus:
Trading during Friday prayer is unlawful
whether or not it actually hinders the prayer.
16. Consequently, when there is a strong
likelihood that means would lead to an evil,
the means maybe declared forbidden on the
basis of this probability alone.
17. Juristic views
Hanafi and Syafi‟e jurists
They did not recognise Sadd al-Dhara‟i‟ as a
principle of jurisprudence in its own right on
the ground that the necessary ruling regarding
the means can be derived by recourse to other
principles such as Qiyas, Istihsa (according to
Hanafi jurists) and „Urf.
18. Maliki and Hanbali jurists
They have approved Sadd al-Dhara‟i‟ as a
proof of Shari‟ah in its own right.
They argued that sadd al-dharai‟ is an
acknowledged principle of shari‟ah and as long
as the lawful acts lead to unlawful results, they
should be prohibited.
The Maliki jurists say that „repelling of injury is to
be accorded greater weight than the securing of
benefit.
19. Differences of opinion are not over the
conceptual validity of Sadd al-Dhara‟i‟ but
its detailed application
The difference is on the grounds which
maybe held to constitute the means to
something else and the extent to which the
concept of Sadd al-Dhara‟i‟ can be validly
applied
Per Maliki jurist – al-Shatibi
20. Authority (hujjiyyah)
Al-An‟am (6):108
“and insult not the associators (Musyrikun) lest
they [in return] insult God out of spite and
ignorance”
The end = the associators would insult God as a
result
The means = insulting the associators
Blocking the means to avoid the end result is
through the prohibition of insulting idol-worshippers
21. Al-Baqarah (2):104
“O believers! Address not the Prophet by the
word „ra‟ina‟ but address him respectfully and
listen to him.”
The end = the Jews used to insult the Prophet by
„ra‟ina‟ ( )meaning „our shepherd‟
The means = addressing the Prophet with the word
„ra‟ina‟
Blocking the means to evil result is the prohibition
to address the prophet with „ra‟ina‟
22. The reason of the prohibition is because the word
„ra‟ina‟ had two meanings: (i) please look at us or
attend to us and (ii) our shepherd
The reason for the revelation of 2:104 is based on
the usual greeting of two jews to the Prophet:
“Ra‟ina sam‟aka wasma‟ ghaira musma‟in”. The
Muslims thought that this is an honour from the ahlil
kitab to the Prophet and they also greet the prophet
the same until Allah reveals the verse.
23. Sunnah
The Prophet forbade a creditor from taking a
gift from his debtor lest it become a means to
usury and the gift a substitute to riba
The Prophet forbade the killing of hypocrites
(al-munafiqun) and people who were known to
have betrayed the Muslim community during
battles.
24. It was feared that killing such people would become
a means to giving rise to a rumour that „Muhammad
kills his own companions which would in turn
provide the enemy with an excuse to undermine the
unity of the Muslim community.
25. Narrated by Abdullah bin „Amr: Allah‟s Apostle
said. “It is one of the greatest sins that a man
should curse his parents.” It was asked, “O Allah‟s
Apostle! How does a man curse his parents?” The
Prophet said, “„The man abuses the father of
another man and the latter abuses the father of the
former and abuses his mother.” [Bukhari]
The expected result of one insulting the parents of
another is that in turn his parents will be reviled and
insulted and hence this action is prohibited.
26. Practice of the companions:
The prohibition of irrevocable divorce during
husband‟s death sickness to exclude her from
inheritance
So that a divorce of this kind would not become a
means to abuse.
27. Types of Dhara‟i‟ (Means)
(i)Means which definitely lead to evil
digging a deep pit next to the entrance door to a
public place which is not lit at night. Anyone
who enters the door is most likely to fall into it.
Based on the near certainty of the expected
result of injuring others, the means which leads
to that result is equally forbidden.
The jurists of all schools are unanimous on the
prohibition of this type of means.
28. (ii) Means which is most likely (on the basis
of al-zan al-ghalib ( ) to lead to evil
and is rarely, if ever, expected to lead to
benefit.
Examples
Selling of weapons during warfare
Selling grapes to wine maker
29. (iii) Means which frequently lead to evil but
in most cases will not happen either on
certainty or probability
Examples:
Deferred sales . This sale is used to
procuring usury (according to Imam Malik and
Ahmad bin Hanbal). They said that the means which
is likely to lead to usury is unlawful and must be
obstructed. Imam Abu Hanifah and Imam Shafi‟e
ruled that unless it definitely leads to evil the basic
legality of sale must prevail.
30. Close relatives may neither act as witnesses nor as
judges in each other‟s dispute. It may be the means
to an evil end namely miscarriage of justice.
Testimony by a relative in favour of another relative
is not allowed.
Nikah mut‟ah?
31. (iv) Means which is rarely expected to lead
to evil and it is most likely to lead to a
benefit.
Examples:
To dig a well in a place which is not likely to cause
injury or harm to anyone
Telling a word of truth to a tyrannical ruler
Growing certain fruits; grapes or betel leaf (daun
sireh?)
32. To look at the women to whom a man intends to
marry
33. There is a possibility that harm will be
caused as a result but a mere possibility is
overlooked in view of the stronger
likelihood of the benefit that it would
achieved.
Jurist said that no one maybe prevented
from attempting any act for the mere
possibility that they may lead to a
destruction.
34. Contemporary Issues
The regulation on chatting on the internet?
FB?
The ban on selling firecrackers and
fireworks?
Sex education?
Open burning?
The ban on the use of „blackberry‟ phone?
36. Buying products manufactured by certain
countries which clearly in defiance of Islam
and Muslims?
„Poco-poco‟ dance?
AES (Automatic Enforcement System)?
37. Frequent raids on premises?
Raid on those premises selling pirated CD
Raid on night clubs and discos
Raid on „long houses‟ in construction sites
The selling of condom is to be made public?
38. Overloading passengers/goods?
Law imposing limit of passengers/good
Using mobile phones while driving?
Law prohibiting talking on the mobile phone
while driving.
Imposing the law that hands free gadgets must
be used while making and answering phone call
while driving.
