SADD AL DHARAI’E

(BLOCKING THE MEANS)

 MEANING

• Dharai is the plural of Dhariah which signify

‘means’.
• Sadd means ‘to block’.
• In Islamic jurisprudence, it means 'blocking the
means to evil'.
• Sadd al-Dharai is often used when a lawful means
is expected to produce an unlawful result.
 MEANING (cont..)

• The 'means' must conform to the 'ends' (objectives

of Shariah) and 'ends' must prevail over the
'means'.
• If the 'means' violate the purpose of Shariah, these
must be blocked.
• The purpose (Maqasid) of Shariah are identifiable
from the texts.
 MEANING (cont..)
• A general principle - 'preventing harm takes priority over
securing a benefit'.

• As such means, if they lead to evil, these must be rejected.

• Eg: Prophet Muhammad(pbuh) forbade a creditor to take a

gift from debtor (as it could lead to taking of interest).

• Eg: Prophet Muhammad(pbuh) also forbade killing of

hypocrites (as it could lead to dissention within community,
also lead to wrongful killing on suspicion).
 Jurists are not in agreement over Sadd al-
Dharai:

1. Shatibi is of the opinion that most jurists have accepted it

in principle, they differ only in application.

2. Ibnu Al Arabi and Abu Zahra are in favour of moderation

in its use.

3. People of extremist tendencies can use sadd al-Dharai to

restrict human freedom granted by Allah and the Prophet
Muhammad which must not be allowed to happen.
 Basis/Proof of Sadd Al Dharaie

AQ: Chp. Al An’am:108

“ and do not abuse those whom they call upon besides Allah, lest
exceeding the limits they shd abuse Allah out of ignorance.”

AQ: Chp. Al Baqarah:104

“O who you believe, don’t say(unto the Prophet): “Listen to us”
say “look upon us,” and be the listeners…”
 Basis/Proof of Sadd Al Dharaie
 The prohibition of PM of the practice of monopoly(ihtikar) was another
proof usually quoted in support of SD. The practice of ihtikar is forbidden
as it will lead to difficulties among ppl particularly if it is practiced in
order to raise the price of essential goods. In addition, the prohibition of
accepting gift from the debtor by a person who offer loan to him is also
quoted.

 The scholars among the companions of the PM is reported to hv issued a

judgment allowing a woman who was divorced when the husband is in
illness leading death to inherit from him in case of his death. This is to
prevent the harm that might befall her in case she is not allowed to inherit
from him. This ruling is derived based on the principle of SD according to
the proponent of this source.
 Means which
definitely leads to
evil/harm,
01 Ex: digging a deep pit
next to the entrance
door to a public place
which is not lit at night
Means which frequently
03
leads to evil but there is no
certainty, not even a
probability that this will
always be the case,
Ex: a sale which is used as a
means to procuring riba
Means which is most
likely to lead to evil and
is rarely, if ever, expected
to lead to benefit,
02
Ex: selling weapon
during warfare
Means which is rarely
04
expected to lead to evil
and is most likely lead to
a benefit.
Ex: dig a water well in a place
which is not cause injury to
others