Who decides what is halal and haram?

The El Fatwa editorial teamUpdated Sep 5, 2026

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Allah alone decides what is halal and haram. He is the Creator and Owner of everything, so only He can permit or forbid. You may dislike something or not recommend it — but calling it haram is a claim about His law, not yours.

Why this matters in my religion

This question comes before every other question in religion. Before you learn the ruling on anything, you need to know who has the right to rule on it.

If taste were the standard, religion would shift with every mood. If custom decided, halal would change from country to country. If a majority vote decided, truth would be re-argued every generation.

The Qur'an settles the matter by naming its owner. Judgment belongs to Allah alone:

﴿مَا تَعْبُدُونَ مِن دُونِهِۦٓ إِلَّآ أَسْمَآءً سَمَّيْتُمُوهَآ أَنتُمْ وَءَابَآؤُكُم مَّآ أَنزَلَ ٱللَّهُ بِهَا مِن سُلْطَـٰنٍ ۚ إِنِ ٱلْحُكْمُ إِلَّا لِلَّهِ ۚ أَمَرَ أَلَّا تَعْبُدُوٓا۟ إِلَّآ إِيَّاهُ ۚ ذَٰلِكَ ٱلدِّينُ ٱلْقَيِّمُ وَلَـٰكِنَّ أَكْثَرَ ٱلنَّاسِ لَا يَعْلَمُونَ﴾

“Those whom ye worship beside Him are but names which ye have named, ye and your fathers. Allah hath revealed no sanction for them. The decision rests with Allah only, Who hath commanded you that ye worship none save Him. This is the right religion, but most men know not.” — Qur'an 12:40

The same point appears where creation and command are joined together:

﴿إِنَّ رَبَّكُمُ ٱللَّهُ ٱلَّذِى خَلَقَ ٱلسَّمَـٰوَٰتِ وَٱلْأَرْضَ فِى سِتَّةِ أَيَّامٍ ثُمَّ ٱسْتَوَىٰ عَلَى ٱلْعَرْشِ يُغْشِى ٱلَّيْلَ ٱلنَّهَارَ يَطْلُبُهُۥ حَثِيثًا وَٱلشَّمْسَ وَٱلْقَمَرَ وَٱلنُّجُومَ مُسَخَّرَٰتٍۭ بِأَمْرِهِۦٓ ۗ أَلَا لَهُ ٱلْخَلْقُ وَٱلْأَمْرُ ۗ تَبَارَكَ ٱللَّهُ رَبُّ ٱلْعَـٰلَمِينَ﴾

“Lo! your Lord is Allah Who created the heavens and the earth in six Days, then mounted He the Throne. He covereth the night with the day, which is in haste to follow it, and hath made the sun and the moon and the stars subservient by His command. His verily is all creation and commandment. Blessed be Allah, the Lord of the Worlds!” — Qur'an 7:54

Whoever created a thing is the one who permits or restricts it. The Qur'an raises the matter of legislating what Allah has not permitted:

﴿أَمْ لَهُمْ شُرَكَـٰٓؤُا۟ شَرَعُوا۟ لَهُم مِّنَ ٱلدِّينِ مَا لَمْ يَأْذَنۢ بِهِ ٱللَّهُ ۚ وَلَوْلَا كَلِمَةُ ٱلْفَصْلِ لَقُضِىَ بَيْنَهُمْ ۗ وَإِنَّ ٱلظَّـٰلِمِينَ لَهُمْ عَذَابٌ أَلِيمٌ﴾

“Or have they partners (of Allah) who have made lawful for them in religion that which Allah allowed not? And but for a decisive word (gone forth already), it would have been judged between them. Lo! for wrong-doers is a painful doom.” — Qur'an 42:21

The Qur'an treats legislating without Allah's leave as a grave matter.

The idea, simply

Think of it as a matter of ownership, not opinion. You do not grant permission to enter someone else's house, and you do not bar others from it either. Every created thing belongs to Allah in a deeper sense than any house belongs to its owner.

The Qur'an criticizes people who did this with what Allah provided. They declared parts of it lawful and parts unlawful without His permission:

﴿قُلْ أَرَءَيْتُم مَّآ أَنزَلَ ٱللَّهُ لَكُم مِّن رِّزْقٍ فَجَعَلْتُم مِّنْهُ حَرَامًا وَحَلَـٰلًا قُلْ ءَآللَّهُ أَذِنَ لَكُمْ ۖ أَمْ عَلَى ٱللَّهِ تَفْتَرُونَ﴾

“Say: Have ye considered what provision Allah hath sent down for you, how ye have made of it lawful and unlawful? Hath Allah permitted you, or do ye invent a lie concerning Allah?” — Qur'an 10:59

Scholars of *usul al-fiqh* — the study of the sources of Islamic law — define a *hukm shar'i*, a Sharia ruling. It is Allah's address about what accountable people should do — a command, a choice, or a cause tied to a condition. Notice what comes first in that definition. It names the speaker before it names the act. Lawful and unlawful are not qualities sitting inside things, waiting to be tasted or sensed. They are descriptions tied to Allah's address.

None of this bars people from speaking about rulings. Each has a different scope for speaking:

Who is speakingWhat they may sayWhat they may not say
AllahPermits or forbids, from His own authority
A scholar or muftiReports the ruling and its evidenceInvents a prohibition no evidence supports
An employer or authorityRegulates the permitted for a practical reasonTurns the permitted into haram, or the reverse
You and I"I like it," "I dislike it," "I would not choose it""This is halal" or "This is haram," without knowledge

A scholar reports; a scholar does not legislate. They point you to what they found in the evidence and add nothing of their own. Even the most learned person on earth cannot make something forbidden that the Sharia never restricted.

What about a rule that is not really a prohibition?

An employer bans phones during work hours. A city bans parking on one street. Neither act is a prohibition in the religious sense — it is regulation, organizing something permitted without changing Allah's ruling on it. How far you must obey such rules is a separate question for a scholar, not a personal mood.

What this does not mean

This does not mean your own taste has no value. Within the wide space of what is permitted, you are free to like, dislike, and choose. No one disputes that space with you.

It does not mean scholars never say a thing is haram. They say it as a report from evidence, not as an invention of their own. The difference between reporting and inventing is the whole subject of this article.

Nor does it mean a parent's or an employer's rule carries no weight. Obeying such people in good matters is a real principle in Islam. It is a different question from what is halal and haram in Allah's law.

From life

A mother tells her daughter that studying abroad is haram. The daughter asks a fair question: how do you know that?

The mother pauses, then gives the honest answer instead: "I'm afraid for you."

Those two sentences are not the same claim. The first is a verdict placed on Allah's law. The second is a mother's fear, and no one would blame her for it.

Had she started with the second sentence, the conversation could have gone somewhere useful. They could have discussed safe travel, the program itself, and who would look after her abroad. Dressing fear in the language of prohibition closes all of that off instead.

This is not a ruling on whether studying abroad is permitted. That depends on details this scene does not give — the daughter's age, her guardian, the country, the arrangements. It only shows the gap between a feeling and a legal claim, and how easily one gets mistaken for the other.

What does this require of me?

  1. Ask where the claim comes from before you repeat it. If someone says "haram," ask who said it, and on what evidence.
  2. Weigh your own words. Say "I don't like it" or "I wouldn't recommend it." Leave the word *haram* to those who can show the evidence for it.
  3. Do not tighten your religion beyond what Allah tightened. Extra strictness is not extra piety. It can trap you in a vow you do not know how to undo.
  4. Separate a workplace or state rule from a Sharia ruling. A policy organizes behavior. It does not change what Allah has permitted or forbidden.
  5. Do not treat custom as evidence. What your country is used to may match the Sharia, or it may not.
  6. Ask about the wisdom if a ruling troubles you. That is a fair question. Rejecting the ruling itself because it does not suit you is a different matter.

When do I need to ask a scholar?

Ask when you hear a prohibition and no one can point to its evidence. Ask, too, when a restriction spreads through a group chat and nobody can say where it started.

Ask when custom and revealed text seem to pull in different directions — in a marriage, an inheritance, or a financial arrangement.

Ask when you have forbidden something to yourself by an oath or a vow. Getting out of that has its own rulings, and they are not decided by regret alone.

Ask when your employer, school, or government orders something you suspect is forbidden. Where obedience to such an order ends is a real question, and it needs a scholar's answer, not a guess.

And ask when scholars themselves disagree. A disagreement among people qualified to weigh the evidence is not something a personal preference should settle.

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