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Haram (fiqh)

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This article is about the jurisprudential term referring to forbidden actions. For other usages of haram, see Haram (disambiguation).

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See also
FiqhRulings of Shari'aManual of Islamic lawPubertyWajibHaramMustahabMubahMakruh

In Islamic jurisprudence, Ḥarām (Arabic:حرام) is an action that is prohibited and people were asked to avoid it and committing it will cause 'Iqab (punishment). Ḥurma (حرمة) (prohibition) is one the Five Rulings (al-Ahkam al-Khamasa) and means prohibition of the Haram act.

Meaning

In Islamic jurisprudence, Haram is an action that people were asked to avoid it[1] and who commits Haram is a sinner.[2]

Types of Haram

There are various types of Haram. In Islamic jurisprudential sources several types are mentioned for Halal; however, the types of Haram are mentioned less frequently. These types are mentioned for Haram in Fiqhi sources:

  • Al-Dhati and al-'Aradi: (prohibited independently or by another thing)
  1. Al-Haram al-Dhati: (prohibited independently) is an act that is directly prohibited by a religious source (Shar'i proof) such as prohibition of drinking wine.
  2. Al-Haram al-'Aradi: (prohibited by another thing) is an action that is not prohibited by itself rather it was prohibited by vowing or swearing an oath, such as vowing to leave a Makruh act.[3]
  • Al-Shar'i and al-'Aqli: (prohibited by religion or reason)
  1. Al-Haram al-Shar'i: (prohibited by religion) is an act prohibited by religious source, such as prohibition of lying.
  2. Al-Haram al-'Aqli: (prohibited by reason) is an act prohibited only by pure reason, for instance eating something that cause severe harm to body (However, according to the rule: "whatever ordered by reason is ordered by religion" it is religiously Haram, as well).[4]
  • Al-Nafsi and al-Ghayri: (prohibited for itself or another thing)
  1. Al-Haram al-Nafsi: (prohibited by itself) is an act that is prohibited for itself, such as harming other people.
  2. Al-Haram al-Ghayri (prohibited for another thing) is an act prohibited because it is a preparation for a Haram act, for instance cultivation of grapes by the intention of making wine.[5]
  • Permanent and Impermanent:
  1. Permanent Haram: is an act that is Haram for all the time, such as marrying mother-in-law.
  2. Impermanent Haram: is a Haram act that is possible to become Halal, for instance marrying wife's sister is Haram for husband as long as the wife is married to the husband.[6]

Haram Acts

Some Haram Acts

  1. Backbiting
  2. Lying
  3. Slandering
  4. Mocking
  5. Drinking wine
  6. Squandering
  7. Theft
  8. Eating carcass
  9. Adultery
  10. Prying
  11. maliciously talking about people.

Haram Acts of Worship

  1. Recommended Fast (al-Sawm al-Mustahab) if parents have banned that.
  2. Fasting for who knows that it is harmful for him.
  3. Fasting during Ayyam al-Tashriq (13th-15th of Dhu l-Hijja) for those who are in Mina.
  4. Recommended Fast (al-Sawm al-Mustahab) of women if it violates her husband's rights.
  5. Fasting on Yawm al-Shak (the day of doubt = the last day of the month of Sha'ban) by the intention that it is the first day of the month of Ramadan.
  6. Fasting on Eid al-Fitr
  7. Fasting on Eid al-Adha
  8. Sawm al-Sukut (fasting of silence)
  9. Sawm al-Wisal (continue fasting for two days without eating anything in between.)
  10. Fasting for who is traveling (with certain conditions).
  11. Salat for woman during menstruation.

Haram Transactions

Haram transactions have four categories:[7]

No Criterion Example Explanation
1 Transaction of 'Ayn al-Najis (Najis by itself) dog, pig, dead corpse, wine and other intoxicant liquids It is noteworthy that the ruling is only applied when these things are not bought and sold for Halal and rational purposes, for instance selling blood for using in hospitals or buying dead corpse for dissection.
2 Buying and selling thing that are Haram due to the intention of the parties of transaction or the things that are not used except in Haram gambling tools and items, instrument of Lahwi (diversionary) music, gold and silver dishes, the Cross and idols Moreover, buying and selling Halal things for Haram purposes is Haram, for instance selling grapes to someone that would use it for making wine.
3 Buying and selling things that are not of any rational use Snakes and scorpions The ruling is only applied when there is no rational use of these things, so if these things have rational use in a special place or time, buying and selling them are Halal in that place and time.
4 Earning money by doing Haram bribery, insulting a believer, magic and witchery, Ghina, gambling and defrauding

Notes

  1. Makārim Shīrāzī, Dāʾirat al-maʿārif fiqh-i muqārin, vol. 1, p. 430.
  2. Ḥāshimī Shāhrūdī, Farhang-i fiqh, vol. 3, p. 291.
  3. Makārim Shīrāzī, Dāʾirat al-maʿārif fiqh-i muqārin, vol. 1, p. 430.
  4. Makārim Shīrāzī, Dāʾirat al-maʿārif fiqh-i muqārin, vol. 1, p. 430.
  5. Makārim Shīrāzī, Dāʾirat al-maʿārif fiqh-i muqārin, vol. 1, p. 430.
  6. Makārim Shīrāzī, Dāʾirat al-maʿārif fiqh-i muqārin, vol. 1, p. 431.
  7. Anṣārī, al-Makāsib al-muḥarrama, vol. 1, p. 5-380.

References

  • Anṣārī, Murtaḍā. Al-Makāsib al-muḥarrama. Qom: Kungira-yi Jahānī-yi Shaykh Anṣārī, 1415 AH.
  • Ḥāshimī Shāhrūdī, Sayyid Maḥmūd. Farhang-i fiqh muṭābiq-i madhhab-i Ahl al-Bayt. Qom: Muʾassisat Dāʾirat al-Maʿārif-i Fiqh-i Islāmī, 1426 AH.
  • Makārim Shīrāzī, Nāṣir. Dāʾirat al-maʿārif fiqh-i muqārin. Qom: Madrisat al-Imām ʿAlī b. Abī Ṭāli, 1385 Sh.