Sadd al-dharā’i‘ or “blocking the means to evil” is a principle in Shari’ah that serves as a preventative measure from committing Haram. If in those acts which are normally classified as Mubaah (permissible), there is a fear that it will lead to Haraam, then it will be Wajib to abstain from the Mubaah act.[1]
The implementation of Sadd al-dharā’i‘ is based on the discretion of a Mufti[2]. He would apply his mind and examine the issue at hand and if his insight guides him that the Mubaah act will be abused and it will lead to Haram, then he could issue a ruling of prohibition from the onset, in spite of the act being permissible in itself.
The basis of Sadd al-dharā’i‘ is found in various places in The Quran and Ahadith.[3]
سد الذرائع، فالذرائع والوسائل والطرق إلى الشيء نهى الشارع عنه وهي في الأصل مباحة، لكن من حيث إفضاؤها إلى المنهي تزول إباحتها، فسدها ومنعها من أصول مالك – رضي الله عنه -، كما في قوله – جل جلاله -: { وَلا يَضْرِبْنَ بِأَرْجُلِهِنَّ لِيُعْلَمَ مَا يُخْفِينَ مِنْ زِينَتِهِنَّ }
دراسات فقهية وعلمية(العلمية) ص 196
[2] Pertaining to who can give a ruling on Sadd al-dharā’i, Mawlana Ashraf Ali Thaanwi (Rahimahullah) says,
“The ‘ijtihaad’ of just anyone is not of any consideration when it comes to calling a Mubaah act Haraam due to any factor or valid reason. Only a wise Muhaqqiq will understand things such as which evil factors render a Mubaah act Haraam or impermissible, and which not. Moulana Qaasim Nanotwi (rahmatullah alayh) used to say that this decision can be made by Shaari`(Allaah Ta`ala), or that person who adequately understands the Speech of Shaari`
There are some example of this in the Shariah – one is the incident of the Hateem (where the Kaabah was rebuilt) and the second is the Nikah of Hadhrat Zainub (radhiallahu anha), who was the divorcee of Nabi’s (sallallahu alayhi wasallam) adopted son, to Nabi (sallallahu alayhi wasallam). In the first incident consideration was taken of the fasaad which was inherent (if the Hateem were to included as part of the Kaabah) and in the second incident the fasaad was not considered (where the people would consider as incorrect the Nikah of the divorcee of an adopted son to his guardian). From these we understand that every fasaad is not taken into consideration, and that every maslihah (benefit/goodness) is not liable for acceptance. Therefore it is not the right of everyone to label as Haraam a thing on the possibility of it leading to a mufsid (harm)”
[3] وَلاَ تَسُبُّواْ الَّذِينَ يَدْعُونَ مِن دُونِ اللّهِ فَيَسُبُّواْ اللّهَ عَدْواً
And do not insult those whom they (the Kuffar) worship other than Allah , lest they insult Allah in enmity without knowledge.(6:108)
It is clear that to censure the false ‘gods’ is a necessary and permissible act, it is possible that this may lead to them hurling abuse at Allah Ta’ala, hence it is forbidden.
Another such example from the Qur’an is, Allah Ta’ala states,
وَلَا تَقْرَبُوا الزِّنَا إِنَّهُ كَانَ فَاحِشَةً وَسَاءَ سَبِيلًا
“And you shall not ever approach illicit sexual intercourse. Indeed, it is utter lewdness and a most evil way.”
(17: 32)
In this verse, Allah Ta’ala is not only prohibiting us from illicit relations, but He is also preventing us from doing anything close to it which may lead to such evils.
Narrated Shaqiq bin Salama:
I was with `Abdullah and Abu Musa (Radhiallahu Anhum); the latter asked the former, “O Abu `Abdur-Rahman! What is your opinion if somebody becomes Junub and no water is available?” `Abdullah replied, “Do not pray till water is found.” Abu Musa said, “What do you say about the statement of `Ammar (who was ordered by the Prophet (ﷺ) to perform Tayammum). The Prophet (ﷺ) said to him: “Perform Tayammum and that would be sufficient.” `Abdullah replied, “Don’t you see that `Umar was not satisfied by `Ammar’s statement?” Abu- Musa said, “All right, leave `Ammar’s statement, but what will you say about this verse (of Tayammum)?” `Abdullah kept quiet and then said, “If we allowed it, then they would probably perform Tayammum even if water was available, if one of them found it (water) cold.” The narrator added, “I said to Shaqiq, “Then did `Abdullah dislike to perform Tayammum because of this?” He replied, “Yes.”(Muslim)
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