Sources of Shariah

(Sad Zara’i)

Dr. Muhammad Shahrul Ifwat Bin Ishak

Faculty of Economics and Management Sciences
DEFINATION OF SAD ZARA’I

 Literally meaning of zara’i:

“Means”
 Technically meaning:
“Sad zara’i is the method to block something
because it leads to mafsadah.”
THE CONCEPT OF SAD ZARA’I
 There are situations where things that are permitted in Islam are
ultimately forbidden because they support or associate with something
that is prohibited.
 For example, selling grapes is allowed, but if a seller sells it to an
alcohol manufacturer, for the purpose of producing the wine, then this
selling is considered prohibited too.
 This is because one of the main concepts of halal (lawful) and haram
(unlawful) in Islam is when something is declared to be haram, then all
of the initiatives to support it are considered to be haram too.
 the basis for the assessment of blocking the permitted means in sad
zaraʿi is examined based on their consequences. If they lead towards
benefits, they are desirable commensurate with how appropriate they
are, in the quest for these goals, even if they are not the same as these
benefits. In contrast, if their consequences direct towards evils, they
will be forbidden, as corresponds with the prohibition of these evils
TYPES OF SAD ZARA’I
1. Actions which definitely lead to mafsadah
• For example, insulting the non-Muslim practice, as they will insult Allah.

2. Actions which are most often to lead to mafsadah and

rarely lead to maslahah
• For example, selling grapes to an alcohol manufacturer, for the purpose of
producing wine.
3. Actions which frequently lead to mafsadah, but there is no
certainty or even dominant probability.
• For example, the case of bay’ al-ʿInah (sell and buyback), where it is
argued that this contract is manipulated to legalize the riba

4. Actions which rarely lead to mafsadah.

• For example, digging a well in a place which is not likely to cause harm
TYPES OF SAD ZARA’I
1. Actions which
definitely lead to • Mafsadah are genuine, and those actions must be
mafsadah banned.
2. Actions which
are most often to
lead to mafsadah • Mafsadah are genuine, and those actions must be
and rarely lead banned.
to maslahah
3. Actions which
frequently lead • There are different opinions among scholars about
to mafsadah, but whether to consider it or not, as they did not agree
there is no how far the consequences affect the actions.
certainty or even
dominant • Malikis and Hanabilas: consider this mafsadah
probability. • Shafi’is and Zahiris: reject this mafsadah

4. Actions which
rarely lead to
mafsadah. • It must be ignored, since its mafsadah are doubtful
CASE STUDY 1: FINANCING NON HALAL ACTIVITIES

 Islamic banks must avoid riba and gharar in their

financial instruments.
 At the same time, they need to ensure their profits
are not earned from non-Islamic compliant
activities.
 For example, Islamic banks must not engage
directly with industries in which their core
activities are alcohol, pork products, tobacco,
illegal drugs, gambling, and unethical
entertainment
CASE STUDY 2: BAY’ AL-`INAH

 Bay’ al-`Inah is known as sale and buyback.

 Malikis and Hanabilas ban this contract as its intention aims to legalize riba
 However, Shafiis accept this contract, arguing that there is no proof of wrong intention to
legalize riba in this situation.
 In Islamic banking industry, bay’ al-`Inah is practiced when an asset is sold by the bank to
its customer through deferred payments while later, the bank will repurchase the asset
and pay the customer in cash payment.