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'''Mubāḥ''' (Arabic:المباح) is a [[Fiqh|jurisprudential]] term denoting an action that has no specific ruling, so doing or omitting it is equal and it has no [[Thawab]] nor [['Iqab]] (Reward nor Punishment). Therefore, any action that is not [[Wajib]] (compulsory), [[Haram]] (prohibited), [[Mustahab]] (recommended) or [[Makruh]] (disliked) is Mubah (permissible). | '''Mubāḥ''' (Arabic:المباح) is a [[Fiqh|jurisprudential]] term denoting an action that has no specific ruling, so doing or omitting it is equal and it has no [[Thawab]] nor [['Iqab]] (Reward nor Punishment). Therefore, any action that is not [[Wajib]] (compulsory), [[Haram]] (prohibited), [[Mustahab]] (recommended) or [[Makruh]] (disliked) is Mubah (permissible). | ||
In [[Hadith]]s and sources, Mubah also is used in a more general meaning of "Ja'iz" (unprohibited) and "Halal” (allowed). In its narrowest sense "Ibaha" is used in Fiqh (jurisprudence) as a permission of possessing or utilizing something. | In [[Hadith]]s and sources, Mubah also is used in a more general meaning of "Ja'iz" (unprohibited) and "Halal” (allowed). In its narrowest sense "Ibaha" is used in Fiqh (jurisprudence) as a permission of possessing or utilizing something. | ||
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==Meaning of Ibaha== | ==Meaning of Ibaha== | ||
Ibaha means to allow and Mubah means an action that is permissible to be done. | Ibaha means to allow and Mubah means an action that is permissible to be done. | ||
Technically, Mubah in Fiqh is one of the Five Rulings and denotes an action that doing or omitting it is equal and no reward nor punishment, praise nor dispraise is mentioned for it in sources. In other words, Mubah is an action that is not Wajib, Haram, Mustahab nor Makruh, therefore, Mukallaf is completely free to do or leave the action, such as eating, sleeping - which do not have any ruling in normal conditions and one can | Technically, Mubah in Fiqh is one of the Five Rulings and denotes an action that doing or omitting it is equal and no reward nor punishment, praise nor dispraise is mentioned for it in sources. In other words, Mubah is an action that is not Wajib, Haram, Mustahab nor Makruh, therefore, [[Mukallaf]] is completely free to do or leave the action, such as eating, sleeping - which do not have any ruling in normal conditions and one can either do or leave these actions. | ||
According to above-mentioned definition of Ibaha, there is no Mubah in 'Ibadat (acts of worship) as all these actions have the other four ruling - Wajib, Mustahab, Haram and Makruh. | According to above-mentioned definition of Ibaha, there is no Mubah in 'Ibadat (acts of worship) as all these actions have the other four ruling - Wajib, Mustahab, Haram and Makruh. | ||
==Difference Between Mubah and Halal== | ==Difference Between Mubah and Halal== | ||
In Fiqh Halal is the opposite of Haram and includes everything that is not Haram. Based on this, Halal is more general than Mubah, i.e. every Mubah is Halal; but not every Halal is Mubah, such as Makruh which is Halal but not Mubah. | In Fiqh [[Halal]] is the opposite of [[Haram]] and includes everything that is not Haram. Based on this, Halal is more general than Mubah, i.e. every Mubah is Halal; but not every Halal is Mubah, such as Makruh which is Halal but not Mubah. | ||
==Difference Between Ibaha and Jawaz== | ==Difference Between Ibaha and Jawaz== | ||
Jawaz is the opposite of prohibition, therefore, Jawaz, like Halal, has more general meaning than Mubah, as every Mubah is | Jawaz is the opposite of prohibition, therefore, Jawaz, like Halal, has more general meaning than Mubah, as every Mubah is Ja'iz but not every Ja'iz is Mubah, such as Makruh and Mustahab which are Ja'iz but not Mubah. | ||
==In the Qur’an and Hadith== | ==In the Qur’an and Hadith== | ||
The word “Ibaha” and its derivatives are not used in the | The word “Ibaha” and its derivatives are not used in the [[Qur'an]] nor in [[Hadith]]s narrated form [[Prophet Muhammad (s)]]. However, [[Faqih]]s and scholars believe that several verses in the Qur'an denote Ibaha, for instance: {{centered pull quote|O mankind! Eat of what is Halal and pure in the earth.}} | ||
==Primacy of Ibaha in Fiqh== | ==Primacy of Ibaha in Fiqh== | ||
There is a discussion among Faqihs and Usulis whether Mukallaf is allowed to do an action that is not mentioned in sources, or not. | There is a discussion among Faqihs and Usulis whether Mukallaf is allowed to do an action that is not mentioned in sources, or not. | ||
There are two approaches answering this question: Asalat al-Ibaha (primacy of permission) and Asalat al-Hazr (primacy of prohibition). Asalat al-Hazr means everything is prohibited and must be avoided, unless there is | There are two approaches answering this question: Asalat al-Ibaha (primacy of permission) and Asalat al-Hazr (primacy of prohibition). Asalat al-Hazr means everything is prohibited and must be avoided, unless there is Shar'i evidence proving that it is permissible. On the other hand, Asalat al-Ibaha means everything is permissible, unless proven otherwise. | ||
===Opinion of Majority of Shi’a Faqihs=== | ===Opinion of Majority of Shi’a Faqihs=== | ||
Majority of | Majority of Shi'a Faqihs believe that both [[Shar']] and [['Aql]] (religion and reason) prove Asalat al-Ibaha (primacy of permission). They mention some Hadiths and following verses from the Qur'an proving their opinion: | ||
- | - [[Sura al-Baqara]], verse no.29 | ||
- | - Sura al-Baqara, verse no.168 | ||
- | - [[Sura al-An'am]], verse no.145 | ||
==Permissibility of Possession and Permissibility of Utilization in Fiqh and Civil Law== | ==Permissibility of Possession and Permissibility of Utilization in Fiqh and Civil Law== | ||
There is another meaning for Ibaha in Fiqh, which is permissibility of possessing or utilizing things that do not have certain owners. | There is another meaning for Ibaha in Fiqh, which is permissibility of possessing or utilizing things that do not have certain owners. | ||
- Mubah things that one can use them are things that all Muslim are allowed to use and using them exclusively is prohibited and they must be used in a way that do not prevent others from using it, such as routes and streets. | - Mubah things that one can use them are things that all Muslim are allowed to use and using them exclusively is prohibited and they must be used in a way that do not prevent others from using it, such as routes and streets. | ||
- Mubah things that one can possess are things that according to permission of Imam al-Muslimin and Islamic laws can be possessed, such as possessing the fish that one catches form Mubah waters. | - Mubah things that one can possess are things that according to permission of [[Imam al-Muslimin]] and Islamic laws can be possessed, such as possessing the fish that one catches form Mubah waters. | ||
==External links== | |||
* The material for writing this article has been mainly taken from [http://fa.wikishia.net/view/%D9%85%D8%A8%D8%A7%D8%AD مباح] in Farsi WikiShia. | |||
[[fa:مباح]] | [[fa:مباح]] | ||
[[id: Mubah]] | [[id: Mubah]] | ||
[[ar:المباح]] | [[ar:المباح]] | ||
[[Category:Fiqh terminology]] | |||