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→Primacy of Ibaha in Fiqh
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==Primacy of Ibaha in Fiqh== | ==Primacy of Ibaha in Fiqh== | ||
There is a discussion among | There is a discussion among faqihs and [[usul al-fiqh|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- | There are two approaches answering this question: Asalat al-ibaha (primacy of permission) and Asalat al-hadhr (primacy of prohibition). | ||
* Asalat al-hadhr means everything is prohibited and must be avoided, unless there is [[shari'a|shar'i]] evidence proving that it is permissible. | |||
* Asalat al-ibaha means everything is permissible, unless proven otherwise. | |||
===Opinion of Majority of | ===Opinion of Majority of Shi'a Faqihs=== | ||
Majority of Shi'a | Majority of [[Shi'a]] faqihs believe that both religion and reason prove asalat al-ibaha (primacy of permission). They mention some [[hadiths]] and following [[verses]] from the [[Holy 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== |