SADD AL-DHARA’I’(BLOCKING THE

MEANS)

SADD AL-DHARA’I’(BLOCKING THE

MEANS)

سد الذرائع

DefinitionDefinition

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.

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.

ExamplesExamples

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?

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.

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.

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.” 

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.

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”.

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.

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.

ExamplesExamples

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

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.

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.

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.

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.

Juristic viewsJuristic views

Hanafi and Syafi’e juristsThey 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.

Maliki and Hanbali juristsThey 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.

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

Authority (hujjiyyah)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

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’ (راعنا)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’

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.

SunnahThe 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.

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.

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.

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.

Types of Dhara’i’ (Means)Types of Dhara’i’ (Means)

(i)Means which definitely lead to evildigging 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.

(ii) Means which is most likely (on the basis of al-zan al-ghalib ( الظن الغالب ) to lead to evil and is rarely, if ever, expected to lead to benefit.

ExamplesSelling of weapons during warfare

Selling grapes to wine maker

(iii) Means which frequently lead to evil but in most cases will not happen either on certainty or probability

Examples:Deferred sales بيع اآلجل . 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.

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?

(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?)

To look at the women to whom a man intends to marry

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.

Contemporary IssuesContemporary 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?

Planting ‘daun ketum’ (kratom leaf)?

Buying products manufactured by certain countries which clearly in defiance of Islam and Muslims?

‘Poco-poco’ dance?

AES (Automatic Enforcement System)?

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?

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.