DZARI’AH

ENGLISH TASK

SUPERVISOR : Muhammad hasbi zailani tanjung MM

BY :

GROUP 10

MUHAMMAD FIKRI REYHAN (0202182032)

M SULTHAN AGNIYA RAHMAN (0202182044)

FACULTY OF SHARIA AND LAW

COMPARISON OF MADZHAB AND LAW
STATE ISLAMIC UNIVERSITY
NORTH SUMATRA
 Dzari'ah

A. Understanding Saddu Dzari'ah

1. ETYMOLOGY

The word sadd adz-dzari'ah (‫ )سد الذريعة‬is a phrase form (idhafah) which consists of
َ ) and adz-dzari'ah (‫)الذَّ ِر ْي َعة‬. Etymologically, the word as-sadd
two words, namely sadd (‫سد‬
(‫ )السَّد‬is an abstract noun (mashdar) from ‫سدًّا‬ ُ ‫سدَّ َي‬
َ ‫سد‬ َ . The word as-sadd means closing
something defective or damaged and hoarding a hole. Whereas adz-dzari'ah (‫ )الذَّ ِر ْيعَة‬is a
singular noun (isim) which means road, means (wasilah) and the cause of something. The
plural form of adz-dzari'ah (‫ )الذَّ ِر ْيعَة‬is adz-dzara'i (‫)الذَّ َرائِع‬. For this reason, in some books of
fiqh proposal, such as Tanqih al-Fushul fi Ulum al-Ushul by al-Qarafi, the term used is sadd
adz-dzara'i.

Saddu Dzara'i comes from the words sadd and zara'i. Sadd means closing or clogging, while
zara'i means mediator

Dzari'ah means "the path that leads to something." There are also those who specialize in the
understanding of dzari'ah with "something that brings to the forbidden and contains
falsehood." However Ibn Qayyim al-Jauziyah (fiqh expert) says that the definition of dzari '
ah to something that is forbidden is just not right, because there is also a dzari'ah which aims
to be recommended. [1] Therefore, according to him the notion of dzari'ah is better expressed
in a general nature, so that dzari'ah contains two meanings, namely: the forbidden (sadd al-
dzariah) and the one required to be carried out (fath al-dzari'ah).

In the beginning, the word adz-adzari'ah was used for camels used by Arabs in hunting. The
camel is released by the hunter in order to approach wild animals that are being hunted. The
hunter takes shelter beside the camel so that it is invisible to hunted animals. When the camel
is close to the animal being hunted, the hunter releases his arrow. Therefore, according to Ibn
al-A'rabi, the word adz-dzari'ah is then used as a metaphor for everything that is closer to
something else.

1. TERMINOLOGY

Ibnul Qayyim and Imam Al-Qarafi state that Dzari'ah is sometimes prohibited called Saddus
Dzari'ah, and there are times when it is even recommended that it be called fath ad-dzari'ah.
Like leaving all activities to perform Friday prayers whose laws are mandatory. But Wahbah
Al-Juhaili disagreed with Ibnul Qayyim. He stated that leaving the activity was not included
in the dzari'ah but was categorized as the muqaddimah (introduction) of an act

According to al-Qarafi, sadd adz-dzari'ah is cutting the path of damage (mafsadah) as a way
to avoid the damage. Although an act is free from the element of damage (mafsadah), but if
the act is a path or means of damage (mafsadah), then we must prevent the action. With
similar expressions, according to Ash-Syaukani, adz-dzari'ah is a problem or case that is
permissible at birth but will deliver to prohibited actions (al-mahzhur).

From some examples of the above understanding, it appears that some scholars such as Ash-
Syathibi and Ash-Syaukani narrowed adz-dzariah as something initially permissible. But al-
Qarafi and Mukhtar Yahya mention adz-dzari'ah in general and do not narrow it down as
something that is permissible. In addition, Ibn al-Qayyim also revealed the existence of adz-
dzari'ah which was initially prohibited. The classification of adz-dzariah by Ibn al-Qayyim
will be discussed further on the next page.

From the various views above, it can be understood that sadd adz-dzari'ah is establishing a
prohibition law for certain acts which are basically permitted or prohibited to prevent other
acts being prohibited. [2]

The conclusion is that Dzari'ah is a washilah (road) that conveys to the goal both halal and
haram. Then the way / method that conveys to those who are illegitimate is unlawful, the way
/ method that conveys to the lawful halal law and the way / method that conveys to something
that is obligatory, the law is obligatory [3]

Example:
- Zina is illegitimate, so involving a woman's nakedness which leads to adultery is also haram

- Friday prayers, is an obligation so leaving all activities to perform Friday prayers is also
obligatory.

From the various views above, it can be understood that sadd adz-dzari'ah is to stipulate
prohibitions on certain acts which are basically allowed to prevent other acts from being
prohibited.
B. Basic law of saddu dzari'ah
1. AL QURAN
Meaning "And do not curse the worship that they worship except Allah, For they
will curse Allah by transgressing without knowledge. Thus we make every people consider
their work well. Then they returned to the Lord, and they told them what they had previously
done (Surat al-Anam: 108).

In the verse above, berating God or the worship of other religions is adz-dzari'ah which will
lead to the existence of something that is forbidden, which is to berate God. In accordance
with the theory of the mechanism of defense psychology, the person whose God is cursed is
likely to avenge God who is believed by the previous person to berate. For this reason, before
the verbal abuse occurred, the prohibition to berate the gods of other religions was a
preventive measure (sadd adz-dzari'ah).
Meaning: "O ye who believe, do not say (to Muhammad):" Raa'ina ", but Say:" Unzhurna ",
and" hear ". and for those who disbelieve a painful torment (QS. Al Baqoroh: 104)

In the surah al-Baqarah verse 104 above, it can be understood that there is a form of
prohibition on an act because of concerns about the negative impact that will occur. The word
raa ‘ina (‫)را ِعنَا‬
َ means:" Let you pay attention to us. "When the Companions used this word to
the Prophet, the Jews also used this word in a tone of mocking and insulting the Prophet
Muhammad. They use it with the meaning of the word raa'inan (‫)ر ِعنًا‬
َ as an informal form of
masdar kata ru'unah (‫)رع ُْونَة‬
ُ which means stupid or stupid. Because of that, God also told the
Companions of the Prophet to replace the usual raa'ina word with unzhurna which also means
the same as raa'ina. From this background and understanding, this verse according to al-
Qurthubi is the basis of sadd adz-dzari'ah.
2. As sunnah

a) Among the arguments of the sunnah is a prohibition to hoard in order to prevent the
occurrence of difficulties on humans. The Prophet also forbade debtors to receive gifts from
people who are in debt to close the gap of usury.

b) Companions' jurisprudence also applies this principle, so that they give inheritance to
women divorced by Ba'in, if the husband divorces him in a critical illness, in order to close
the obstruction of the wife's gap from obtaining inheritance

From Abdullah bin Amr RA, he said, Rasulullah SAW said: "Including the great sin of a man
cursing his parents." He was then asked, "How does a man cursing his parents?" He replied,
"A man berates the father of another person, then the chastised person replied to revile the
father and the old mother

C. Position as a source of law

1. Saddu Dzari'ah's position
Not all scholars agree with sadd al-dzarỉ‘ah as a method of establishing law. In
general, the various views of these scholars can be classified into three groups, namely 1)
who accept fully; 2) those who do not accept fully; 3) who reject completely.

The first group, which accepted fully as a method of establishing law, was the Maliki school
and the Hambali school. Scholars in the Maliki school of thought even developed this method
in their various fiqh discussions and fiqh ushul so that they could be applied more widely.

The second group, which does not accept fully as a method of establishing law, is the Hanafi
school and the Shafi'i school. In other words, this group rejects sadd al-dzarỉ‘ah as the
istinbath method in certain cases, but uses it in other cases.

The third group, which completely rejected the method of establishing the law, was the
Zhahiri School. This is in accordance with their principle which only stipulates the law based
on textual meaning (zhhir al-lafzh). While sadd al-dzarỉ‘ah is the result of reasoning for
something that is still at the level of suspicion, even though it has a strong level of suspicion.
Thus, for them the concept of sadd al-dzarỉ‘ah is merely a product of reason and is not based
on the text directly.
This problem is a concern of the scholars' because of the many verses of the
Qur'an that hint towards it, for example:

Surat Al-An'am verse 108 which means: Do not chastise those who worship
other than Allah, because later he will memushi without knowledge.
Actually chiding and insulting worshipers other than Allah is okay, even if it is
necessary to fight it, but because of the insulting and insulting actions that will
cause worshipers other than Allah to berate Allah, then the act of berating and
insulting is prohibited.

Surat al-Nur verse 31 which means: Don't let the woman stomp her feet so that
the jeweler is hidden inside.
Actually stamping the foot for women is okay, but because it causes the hidden
jewelery to be known to the person so as to cause stimulation for those who
hear it, then stomping the woman becomes forbidden. [4]

From the two examples of the above verses, it is seen that there is a prohibition
on acts that can cause something that is prohibited, even though the act is
basically legal.

From the verse discussed above, it can also be seen that Saddus Zari, ah has the
basis of the Qur'an, while the basics of saddus zari'ah from the Sunnah are:

The Prophet forbade the killing of hypocrites, because killing a hypocrite could
cause the prophet to be accused of killing his best friend.
The Prophet forbade creditors from receiving gifts from debtors because they
could lead to usury, or for ikhtiyat.
The Prophet forbade cutting off the hands of thieves at the time of the war and
was suspended until the end of the war, because it was feared that the soldiers
ran to join the enemy.
The Prophet forbade hoarding because hoarding could lead to human
difficulties. [5]
The Prophet forbade the poor from the Hassanim to receive a portion of zakat so
as not to cause fitnah that the Prophet enriched himself and his family from
zakat.