What is the difference between "the default ruling for things is permissibility" and "avoiding doubtful matters," with examples?
The preponderant view is that "doubtful matters" (al-mushtabihat) are those concerning which the evidence conflicts, so that many people do not know their ruling regarding permissibility or prohibition. This is what is mentioned in the Prophet's saying (peace be upon him): "The lawful is clear, and the unlawful is clear, and between them are doubtful matters that many people do not know. So, whoever avoids the doubtful matters has cleared himself for his religion and honor. And whoever falls into the doubtful matters has fallen into the unlawful." As for the rule "The default status of things is permissibility," it falls under the category of clear lawful matters. That which the Lawgiver has explicitly declared permissible, or has remained silent about and does not contradict intellectual or religious evidence, is among the clear lawful matters. It does not fall under doubtful matters, unless it becomes a means (dhari'ah) to fall into the unlawful.
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- Original fatwa ID
- 65816
- Imported
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