What makes something Haram and should one take the safe side if there is no clear verse in Quran?

Al-jawab billahi at-taufeeq (the answer with Allah’s guidance)

Haram (also known as Mahzur) is a binding demand of the lawgiver to abandon something which is established in definitive proof (Quran & Hadith). if the demand is founded in non-definite or indecisive proof, it constitutes a Makruh Tahrimi (Prohibitively Disliked), but not Haram.

Note: Established in definitive proof means, that it is clear and specific, it has only one meaning and admits of no other interpretations. Non-definitive proof means, that it is unclear, it is open to different interpretations.

Ruling of Haram and Makruh Tahreemi: Committing both is punished and omitting them is rewarded. But the two differ from one another insofar as the willful denial of the Haram leads to infidelity (Kufr), which is not the case with regard to Makruh Tahreemi, but leads to (Fisq).

Note: Makruh Tanzeehi (Less offensively disliked). The ruling for performing a Makruh Tanzeehi one is not punished and omitting it one is rewarded.

The textual evidence for Haram occurs in a variety of forms like, the word Tahreem (forbidden), Nahi (Prohibited), La Taf’al (Do not), La Yahillu (It is not permissible, it is unlawful) and the form of a command which requires the avoidance of something (Leave) all these are prohibitory terms.

Some Examples in the Quran:

“[Forbidden] to you are the dead carcass, blood and pork…” (5:3) – Haram –

“Allah permitted sale but [prohibited] usury.” (2:275) – Haram –

“[Slay not] the life that God has made sacrosanct, save in the course of justice”(5:90)

-Haram –

“[It is not permissible] for you to inherit women against their will.” (4:19) – Haram –

“O you who believe (Muslims)! When the call is proclaimed for the Salat on the day of Friday (Jumuah prayer), come to the remembrance of Allah (Khutbah) and Salat and [leave off] business (and every other thing), that is better for you if you did but know!” (62:9)

– Makruh Tahreemi –

(Aasan Usule Fiqh Pg.26 and 69)

Some Examples in the Hadith:

‘[It is unlawful] for a Muslim to take the property of another Muslim without his consent’. (Bayhaqi) – Haram –

Abu Thalaba (RadhiyAllahu Anhu) said: “Allah’s Messenger (Sallallahu Alaihi Wasallam) [forbade] the eating of the meat of beasts having fangs ” (Bukhari) – Haram –

Jabir (RadhiyAllahu Anhu) said: The Messenger of Allah (Sallallahu Alaihi Wasallam) [forbade] that the graves should be plastered (made into permanent structures), used as sitting places (for the people) or building over them. (Muslim) – Makruh Tahreemi –

Abu Hurairah (RadhiyAllahu Anhu) said: The Messenger of Allah (Sallallahu Alaihi Wasallam) said, “[None of you should walk] wearing one shoe; you should either wear them both or take them off both.” (Bukhari and Muslim) – Makruh Tanzeehi –

Ibn `Umar (RadhiyAllahu Anhu) said: The Prophet (Sallallahu Alaihi Wasallam) said, “He who has eaten garlic [should not come] to our mosque.” (Bukhari and Muslim)

– Makruh Tanzeehi –

According to the fundamental principles of Islamic jurisprudence, In a situation where there is a doubt between Halal and Haram, it is best to take the safer opinion which is that it is not permissible. (Al Ashbah Wan Nazair Pg. 109, Darse Tirmidhi Vol.4 Pg.35)

Narrated An-Nu’man bin Bashir (RadhiyAllahu Anhu):

I heard Allah’s Apostle (Sallallahu Alaihi Wasallam) saying, ‘Both legal and illegal things are evident but in between them there are doubtful (suspicious) things and most of the people have no knowledge about them. So whoever saves himself from these suspicious things saves his religion and his honor. And whoever indulges in these suspicious things is like a shepherd who grazes (his animals) near the Hima (private pasture) of someone else and at any moment he is liable to get in it. (O people!) Beware! Every king has a Hima and the Hima of Allah on the earth is His illegal (forbidden) things. Beware! There is a piece of flesh in the body if it becomes good (reformed) the whole body becomes good but if it gets spoilt the whole body gets spoilt and that is the heart.” (Bukhari, Volume 1, Book 2, Number 49)

And Only Allah Ta’ala Knows Best.

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Moulana Qamruz Zaman
London, UK