The Five Prohibitions of Morality

It is clear from verse 33 of Surah Al-Araf (7) that, within the domain of morality, the Shariah has declared only five things to be prohibited. It is stated:

قُلْ إِنَّمَا حَرَّمَ رَبِّيَ الْفَوَاحِشَ مَا ظَهَرَ مِنْهَا وَ مَا بَطَنَ وَ الْإِثْمَ وَ الْبَغْيَ بِغَيْرِ الْحَقِّ وَ أَنْ تُشْرِكُوا بِاللَّهِ مَا لَمْ يُنَزِّلُ بِهِ سُلْطَنًا وَّ أَنْ تَقُولُوا عَلَى اللَّهِ مَا لَا تَعْلَمُونَ.

Say, ‘My Lord has only forbidden indecencies, whether they be open or hidden, and violation of rights and unjust aggression, and that you associate with Allah that for which He has sent down no authority, and that you attribute to Allah something you do not know.’

These five things are: indecencies, violation of rights, unjust aggression, polytheism, and attributing falsehood to Allah. By indecencies (fawahish) are meant those acts which human nature itself regards as evil and whose reprehensibility the collective conscience of mankind unanimously recognizes. Adultery, homosexuality, bestiality, and similar acts of sexual deviation are prominent among them. By ‘violation of rights’ is meant an act as a result of which the rightful person is deprived of his right or the entitlement of one who deserves it is infringed. This is the meaning for which the word ‘al-ithm’ has been used in the verse. ‘Unjust aggression’ means that a person interferes with the rights of others or adopts an attitude of deviation from fulfilling them. From this arise forms of oppression and injustice, rebellion and transgression, and obstinacy and stubbornness. ‘Polytheism’ is to regard someone as a partner with Allah in His essence, attributes, or governance of affairs. To attribute falsehood to Allah means to present something as religion without the authority of Allah and His Messenger. This is termed ‘innovation’ (bid‘ah) in technical usage. The word of restriction ‘innama’ (only) at the beginning of the command serves as decisive proof that neither can anything be added to these nor can anything be reduced from them. Therefore, all moral prohibitions mentioned in the Quran and Hadith will be subsumed under these five prohibitions. The respected teacher has written:

… Apart from food and drink, Allah has declared only five things to be prohibited: first, indecencies; second, violation of rights; third, unjust aggression; fourth, polytheism; and fifth, innovation. These five things are prohibited in God’s Shariah. Other than these, nothing is prohibited. This is God’s declaration regarding the lawful and the unlawful; therefore, no one has the right to declare anything prohibited besides these. Hence, if something is to be prohibited, it will be so only when one of these is found in it. Reports, narrations, Hadiths, and statements of previous scriptures—all will be understood in the light of this very directive of the Quran. Anything outside of it or contrary to it will not be acceptable. (Al-Bayan, 2/150–151)

With regard to understanding and applying these prohibitions, it is necessary to keep a few points in mind:

First, it is evident from the very terms—indecencies, violation of rights, unjust aggression, polytheism, and attributing falsehood to Allah—that these are not singular, specifically defined crimes. Rather, they are universal categories or fundamental types. Under each of them, numerous criminal acts can be counted. Each type has its own distinct aspect of reprehensibility. These aspects of reprehensibility are the very causes or realities that are intrinsically prohibited. Thus, when they are present in any act, they bring it within the sphere of prohibitions. It is necessary that each of these be identified individually and clarified as principles so that people can recognize them separately and, being aware of the reality of their reprehensibility, can apply them to different actions.

Second, there may be certain crimes that simultaneously fall under different types among these. This does not hinder classification. Such composite crimes will be regarded as more serious in view of their consequences and effects. The most prominent example of this is the gravest crime of polytheism. It is attributing falsehood to Allah and simultaneously falls under violation of rights and unjust aggression. Obviously, it will be subject to accountability from both these aspects. Moreover, there may be crimes that are a combination of indecencies, violation of rights, and unjust aggression. Examples of this are prostitution and rape. In such crimes, the individuality of the relevant types is fully intelligible and becomes a cause for increased gravity of the crime.

Third, deviation from the religious commands that are positively enjoined is also among the reprehensible acts and is punishable in the sight of Allah, but such deviation cannot be included among the prohibitions and forbiddances. Compliance with all positive commands of worship and morality is required by religion. These will be counted among commands; they will not be counted among prohibitions. Prohibited matters pertain to forbiddances; they should not be counted among commands and thereby create confusion.

Fourth, prohibitions related to positive commands are themselves part of those positive commands; they are not included separately among the prohibited matters. For example, the prohibitions against performing prayer in a state of intoxication or major impurity or menstruation and postnatal bleeding are not prohibitions; they are conditions of prayer. Similarly, the times of sunrise and sunset are called prohibited times for prayer, but they are not counted among forbiddances. Abstaining from eating, drinking, and approaching one’s wives during fasting is also not considered within the domain of prohibition, because this abstention itself is, in reality, fasting. Furthermore, if a person turns away from performing the obligatory duties of religion—prayer, fasting, zakah—he will be called a denier or abandoner of them, not a perpetrator of the unlawful.

Fifth, the statements of Allah and His Messenger (PBUH) that are of an advisory nature and in which people are restrained from certain things by way of etiquette, discipline, or warning are also not included among prohibitions. For example, it is stated in verse 101 of Surah Al-Ma’idah (5): “O believers, do not ask about things which, if they are disclosed to you, will distress you.” In verse 154 of Surah Al-Baqarah (2) it is stated: “And do not say of those who are slain in the way of Allah that they are dead.” In verse 108 of Surah Al-An‘am (6) it is said: “And do not abuse those whom they invoke besides Allah.” The Prophet (PBUH) forbidding spitting during prayer, stopping two people from whispering when there are three, and prohibiting severing relations for more than three days are of the same nature; therefore, the term ‘haram’ will not be used for them.

Sixth, the styles used in the Quran and Hadith to express prohibition—such as la, nahy, haram, la yahill, ijtanimboo, and the like—do not necessarily require that a ruling of absolute prohibition be inferred from them. Some of them are used merely for warning, some for moral refinement, some as a preventive measure, and some for absolute prohibition. Their intent is determined on the basis of the nature of the matter and the established religious convention.³⁹