Fath adh-dhara'i

Usul Fiqh - Fath adh-dhara'i

Fath adh-dhara'i or facilitating the means is allowing something that is prohibited which may contain evil but is more likely to bring benefit(maslahah or manfaat). If it is a benefit, it is desirable to allow it because benefit is sought, and that is called 'facilitating means'.

Imam Al-Qarafi said in al-Furuq, "Know that as it is mandatory to block the means, it is also mandatory to facilitate them, or disliked, recommended and allowed. The means is the means. So as the means to the unlawful is forbidden, the means to the mandatory is mandatory, like going to Jumu'a and Hajj." (pt. 2, p. 32)

When something forbidden leads to a confirmed benefit, and the benefit is greater than the harm of the forbidden –or, more precisely, the harm averted by the realisation of this benefit is greater than what develops from committing what is prohibited – then that forbidden thing is moved to the rank of the legitimate in order to achieve that benefit or to repel the greater harm.

For Example:

1. Paying money to rebels to ransom Muslim captives. The basic position is that it is unlawful to give money to a rebel because it strengthens him, and there is harm in that for the Muslims, but it is permitted because it achieves the repelling of a greater harm: it prevents the enslavement of Muslims and releases them and strengthens the Muslims through them.

2. One person paying money to another as a bribe and the like in order to protect himself from an act of disobedience which he intends to commit whose its harm is greater than the harm of paying him money.

3. Paying money to a hostile state to avert its harm when the Community of Muslims do not have sufficient force to defend against the attack and protect the territory.

We see in all of those cases that the harm in something prohibited becomes desirable when it repels a greater harm or procures a greater benefit. In this case, the aspect of harm is compared with what it brings of benefit or averts of harm. What is considered is the aspect of the utility or the repelling of the greater harm.

One example is that the Prophet(pbuh), forbade cutting off hands(thievery) in the expedition(war) so that it would not be means for the one under a hadd(hudud) to flee to the rebels and become the Muslim enemy.

Another example is the Prophet(pbuh) forbade hoarding. He said, "No one hoards(stock up supply) except those who does wrong." Hoarding is a means to constrict people in what they need in order to raise prices. There is no prohibition of hoarding on items that does not harm people, like jewelry and items which are not part of necessities or needs.

The principle of blocking or facilitating the means, according to Imam al-Qarafi definition, is consideration from the aspect of consolidation of the principle of public interest(maslahah). He considers general benefit(manfaat umum) to be the outcome which the Lawgiver desires.

So all that is known to lead to benefit, definitely or probably or mostly, even if it is not predominant, is desirable(fath adh-dhara'i) and all that is known to lead, whether certainly or only probably, to evil must be avoided(Sadd adh-dhara'i).

Wallahu'alam