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Method, standard, Criteria, determinants of Haram

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It seems a trend for many Muslims to easily labeling as haram on almost anything such as music, sports, driving, riding bicycles, movies, TV, INTERNET including youtube, etc. thus unnecessarily harming health, work and educational opportunities for many, especially for women.

Such trend would be a catalyst for attacks on Islamic system as a whole from inside and out if left ignored. 

In going over how things are ruled as haram(prohibited), let us start with Quran as a source.

Ayat can be muHkam or mutashabih.

The muHkam /clear verse which can be ‘aam / general, khaas / specific, (amr and nahy)/(imperative and prohibitive), or mushtarak / collective. مشترك

Amr(imperative) can be Fard (obligatory by clear textual dalil evidence) wajib(necessary by probable evidence), manduub(recommended), or mubaah(permissible/indifferent).

Nahy can be haram or makruh(disliked).

So haram ruling is derived from nahy type of MuHkam verse which is absolutely clear by its own.

Thus, Quranic source of haram, makruh, mubaah, manduub, wajib or fard ruling is from muHkam verses.

Since some of us are subjected to such rulings with real consequences with accompanying execution power of rewards or punishments by rulers, we all must understand the mechanism of the rulings.

If the source of such ruling is only from hadith with vague wording with outdated situation, such as allowed traveling distance for women; is it OK to apply the lower standard in deriving hukum than from Quran?

Please help me here by correcting me in any part, offering your knowledge in this area of Islamic jurisprudence.

Thank you in advance.

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Al-Salamu Alaykum sister, this is a great question, may Allah bless you.

Most of the detailed rulings in Fiqh come from hadith, very little of it is from the Holy Qur'an. 

However I did not understand what you meant by "lower standard in deriving hukum than from the Qur'an?". Can you expand on that sister? Thanks.

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The Discussion of Imperatives (awamir)

The Arabic awamir is the plural of the word amr which means command. It also means the type of verb form that in English is called imperative, such as the verb form: Listen ! or Stand !

In the Book and the Sunnah, many of the phrases are in the form of the imperative, and it is here that many questions are raised in jurisprudence that must be answered in the study of Principles. Such questions as to whether or not the imperative is a proof of its being obligatory (wajib) or of being desirable, or of neither. Does the imperative signify that the verb is to be done once or a number of times?

For example, the Qur’an contains the following instruction,

"Take from their property charity, you cleanse them and purify them thereby, and pray for them; your prayer is a soother for them" (9:103)

"Pray", in this holy verse, means supplicate, or send a blessing. Here, the first question that is raised concerns the status of the imperative verb form, "pray". Does it mean that to supplicate for them or send a blessing upon them is obligatory? In other words, is the imperative here an indication of obligation or not?

The second question is as to whether or not the imperative is an indication of immediate obligation? Is it obligatory that right after taking the divine tax (zakat) prayer is to be offered for them, or is an interval no problem? Thirdly, is one prayer enough or must it be performed repeatedly?

In the study of Principles, these matters are all discussed in depth, but here is not the place to discuss them further. Those who choose to study Jurisprudence and the Principles will naturally learn about these details.

Here is some information about amr.^

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The Discussion of Negative Imperatives (naw ahi)

The Arabic word nawahi is the plural of nahy which means to stop or prevent, and is the opposite of amr, the imperative. If in English we say, "Do not drink alcohol," this is a negative imperative in English and in Arabic a nahy. Both in the Book and in the Sunnah there are many phrases which are negative imperatives.

Similar questions arise on this subject to those we saw on the subject of the imperative. Is the negative imperative testimony for the object of the verb being forbidden (haram) or for it being undesirable (makruh) but not forbidden (haram)? Likewise, does the negative imperative testify permanency, i.e. that the action of the verb must never be done, or that it is only to be refrained from during a temporary period?

These are questions the answers to which are provided by the study of Principles.

Here's some information related to nahi ^

It comes from this book: https://www.al-islam.org/jurisprudence-and-its-principles-ayatullah-murtadha-mutahhari/principles-jurisprudence-usul-al-fiqh#discussion-imperatives-awamir

It has very good information, I recommend it.

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