The Difference Between Permission and Prohibition in Building Legislation
Editorial verification status: This atom was extracted from an explanatory audiovisual source, and it has now been linked to the nearest books within the Shahrur project at the book level. For precise academic citation, consult the original book and the original episode together.
Formulation of the claim
Shahrur says that the Qur’anic method in legislation is based on specifying prohibitions, not on listing permissions, and that the default is permissibility unless prohibition is stated.
Explanation
He explains this with the example of the tree in the story of Adam, where he sees that the text identified the forbidden act and did not mention a list of what is permitted. He generalizes this principle to legal legislation: the law states prohibition, not permission. In this way, he turns the legislative reading into one based on limits rather than on expanding prohibition.
Its place in the episode’s argument
This atom is part of his broader project in the foundations of jurisprudence, and it directly affects the understanding of rulings and of the prohibited and the permissible.
Limits of the claim
This does not mean abolishing regulations, but rather making prohibition contingent on a clear text.
Brief evidence
“What is prohibited has to be specified.”
Related links
- Shahrur - Jurisprudence
- Toward New Foundations for Islamic Jurisprudence
- Shahrur - The Decisive Text