The Rulings of Tark ul Adamee

By: Shaikh Safraz Bacchus, LLB (Shari'ah)

Al Azhar University, Cairo, Egypt.

Some Muslims hold on to the opinion without any sound juristic basis (from the usool, contemplation or analogy) that if the Prophet (Sallallahu alaihi wa sallam) omitted an act or abstained from doing an act then that act becomes Haraam or forbidden. This is simply not so!

For one to determine if an act is forbidden or not there has to be a clear indication in a text source (nass): from the Holy Quraan or hadith of the Prophet (Sallallahu alaihi wa sallam) or narrations of the Sahabas.

Nevertheless this supposed proof is excessively used by late comers among the Muslims (as apposed to the early generation or Salaf) who deem any action which was not done by the Prophet (Sallallahu alaihi wa sallam) as a vile innovation. They do so without considering the following:

1. The definition of Sunnah which is the sayings, actions and approval or confirmation of the Prophet (Sallallahu alaihi wa sallam).

2. The definition of Khitaab ul Allah ( Allah's message ). This is defined as that which is

in the four sources of the Islamic law (Quran, Sunnah, Ijmaa and Qiyaas).

The point here is that neither of the above definitions contain tark (the Prophet's omission). Now tark ul admee is the omission of an act and it only implies that there is no daleel (proof) for or against that act. Tark therefore, cannot be used to forbid an action unless there is supporting evidence from the four sources of the Islamic law. This is why Abu Saeed ibn Lub described the argument of those who said that Dua after Salaah is wrong because it was not done by the Salaf as baseless. He further mentioned that the fact that the dua was not done by the Salaf only shows that is permissible to leave it off (without being sinned for it). There are scholars who have expressed the legal decision with regard to this basic principle of Usool ul Fiqh in the following words:

“Tark is not used as a basis for evidence in our Shri'a. It indicates neither prevention nor compulsion. Those who refrain from an act because of the Prophet's (Sallallahu alaihi wa sallam) omission and see it as a sincere and correct ruling have indeed deviated from all the methods of using evidence. Indeed he has deviated from the correcting and is ruined.”

We should take into consideration that the Ulama have divided Tark into two types:

Tark ul maqsuud, this is an act which the Prophet (Sallallahu alaihi wa sallam) abstained from after its performance such as his leaving of the Taraweh Salah after having started it.

Tark ghair Maqsood : (tarkul adamee) defined earlier

What is more relevant my respected brethren, in this particular issue, is the following sayings of the Prophet (Sallallahu alaihi wa sallam) more or less:

1. Those before you were destroyed because of their excessive questioning and the differences which they differed with their Prophets , so if I prevent you from doing an act abstain from it and if an order is given to do an act then do as much as you are capable of. (Bukhari & Muslim)
2. Indeed Allah (swt) has made compulsory upon us acts which we must confirm and perform - and he has placed boundaries so cross them not - and he was silent about things without any sort of forgetfulness out of his mercy upon us so search not for them. (Darqatnee)
3. Halaal is what Allah (swt) has made lawful in his Book and Haraam is what Allah has forbidden in his Book and what he is silent about is allowed without accountability.(Tirmizi)

What can be clearly deduced from the above is that an act which is not ordained or prohibited cannot be labeled as Harram or Makrooh but rather it is an act which is within the circle of permissibility without account or Maskootun anha. This was what was proposed by the best of Allah's creation to determine and it covers even those acts which were not done at all by our beloved Prophet (Sallallahu alaihi wa sallam)?

If we misunderstand this concept of Tark ul Adamee we will say that is not permissible to drive a car or fly in an aircraft because the Holy Prophet (Sallallahu alaihi wa sallam) did not drive a car nor did he fly in an aircraft or we cannot pray on a carpet because the beloved Prophet (Sallallahu alaihi wa sallam) never prayed on a carpet. My respected readers we can clearly see that this approach is very wrong and unfounded in Islam.

The Prophet (Sallallahu alaihi wa sallam) omitted actions for many reasons. So his omission by itself should be the only consideration while dealing with this topic.

To illustrate we will mention some of the reasons for omitted actions. Some of these reasons are:

1. The abstention from an act because of his habit e.g him not participating with the Sahabas Alikraam when the iguana was placed on the Sufrah (Tablespread) he was asked if it was forbidden. He replied “no, but it was not from the land of my people”. His abstaining from usage of garlic.
2. The abstention from an act due to his forgetfulness, e.g. it is mentioned in Sahih Bukaaree in the book of Salah that the Prophet (Sallallahu alaihi wa sallam) omitted a verse while reciting verses from the Quraan during prayer .The Sahabas inquired about this, he (Sallallahu alaihi wa sallam) replied saying: “I am a human like you and I forget like you do so remind me at the time of forgetfulness”.
3. The abstention from an act because the idea did not cross his mind, e.g. the usage of a membar. It was narrated that the Prophet (Sallallahu alaihi wa sallam) used to stand on a trunk or a stock while delivering the Khutbah. It was then suggested to him to make a membar which he agreed to. It was later suggested to him to make a seat out of clay to sit on so that the non Arabs will recognize him. He also agreed to this.
4. The abstention from an act out of concern for his Ummah such as his abstaining from Salatul taraaweeh in congregation when his followers came out to perform it. The Prophet (Sallallahu alaihi wa sallam) said, “may Allah increase your keenness and bless you, I have purposely not come out for prayer lest it should be made incumbent upon you and then you're not able to observe it regularly as a prescribed prayer”.
5. The abstention from an act so that it may be properly understood. An example of such an act is Sallah tul duhaa. According to some scholars Salah tul duhaa is mandoob (voluntary and not compulsory) and it is considered to be like any other voluntary act which is encompassed in verse 77 of Surah Hajj.

Note: This verse gives the Muslims the prerogative to perform as much good acts as possible.

Other scholars hold on to the opinion that Salatul duhaa is Sunnah Muakadah (an emphasized Sunnah)

Examples Given by Scholars to Rebut the Usage of Tark Alone to Forbid an Act as Either Being Disliked or Forbidden (makrooh or haraam)

1. Example used by Abu Saeed ibn lub ( mentioned previously)
2. Recitation of Faatiha after aqd anikaah (marriage agreement) to attain Barakah for righteous intention and tawfeeq along with recitation of dua for the dead upon hearing of the death of someone. This is permissible without doubt but many have attacked others because of it as if it is an act which is clearly haraam.
3. Raising of the hands in Dua. Abdullah ibn Sadeeq al Ghameeree said that those who deny the raising of the hands in dua claim that such an act is Bidah because the Prophet (Sallallahu alaihi wa sallam) did not practice it. He refuted this using the ruling of Usool ul fiqh (tark usshay laa-yadullu alaa man-ehe-lee-annahu laysa bi nahe) The omission of some thing (by the Prophet -Sallallahu alaihi wa sallam-) does not indicate its prohibition because there was no indication of its prohibition.

Allah (swt) says in the Holy Quraan in Surah Hashr (58:7) what the Prophet (Sallallahu alaihi wa sallam) has given you take it (hold on to it ) and what he prevents you from keep away but he did not say to keep away from what the prophet omitted and/or abstained abstained from.

In conclusion I wish to state that it is not proper for us to use our own judgment on points of Law in Islam or any other science for that matter unless we have sound knowledge.

Be aware of the ignorance of some Muslims who label acts Halaal and Haraam as they wish using non existent evidence or by misusing concepts without a proper understanding of them.