اباحت اصلیہ کے اصول و حدود: فتاویٰ جات اور فقہی دلائل کا تحقیقی جائزہ

THE PRINCIPLES AND LIMITS OF ORIGINAL PERMISSIBILITY (IBAHAHASLIYYAH): A RESEARCH STUDY OF FATWAS AND JURISTIC EVIDENCES

Abstract

This research provides a comprehensive study of the principle of “Aslah al-Ibahah” (original permissibility) in Islamic jurisprudence, examining its historical background, juristic evidence, and practical application in contemporary fatwas. The fundamental concept of Aslah al-Ibahah is that everything is inherently permissible unless explicitly prohibited by a clear Islamic legal text. The study begins with an analysis of classical jurists’ perspectives, highlighting the scope and limits of the principle through the Qur’an, Sunnah, consensus (Ijma’), and analogical reasoning (Qiyas). It further explores the jurisprudential differences across various Islamic schools of thought and their theoretical and practical implications.A significant portion of the research focuses on the practical application of Aslah al-Ibahah in fatwas, examining both classical and contemporary juristic opinions. This analysis demonstrates that the application of the principle carefully considers necessities, exceptions, and Shari‘ah boundaries to ensure the protection of human welfare, social balance, and rights. Moreover, the study highlights the relevance of Aslah al-Ibahah in contemporary contexts such as international trade, modern economy, politics, and human rights, emphasizing its flexibility and jurisprudential adaptability.

The research also shows that Aslah al-Ibahah is not only theoretical but can harmonize with modern legal systems and international agreements. Through juristic diversity and ijtihadic guidance, contemporary challenges, legal requirements, and social needs are balanced effectively.The study concludes that the principle of Aslah al-Ibahah is highly significant in Islamic jurisprudence, and its ijtihadic and practical utility proves essential for maintaining human welfare, legal and social balance in contemporary society. The findings provide guidance for harmonizing contemporary jurisprudence, ijtihad, and legal principles, highlighting the flexibility, practical applicability, and intellectual comprehensiveness of Islamic law.