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Once again, it is closely related to the meaning of this hadith wherein the Prophet (peace be upon him) gave more importance to refraining from forbidden acts than fulfilling what he had ordered. Unfamiliarity with this principle has kept many people today from understanding a number of the rulings of the shareeah. For an act to be prohibited in the shareeah, it is not a must for it to be a "pure evil", as some people seem to think. In other words, it is not necessarily the case that it does not contain any good in it at all. The important point is that the evil that usually results from it is greater than the good that may come from it. The shareeah is more concerned with preventing harm and will prohibit an act if the overall outcome is negative and not positive. This is very clearly shown in the Quran with respect to gambling and alcohol. Allah says, ,,.. ., U ., ,.,, ., ,.,,, ,,,,. J ._,..UJ ৴j ৵!JI ৶"'\}; lj \ . S. ௬}௭:"../J ,,. '-..,.. .... . ,,. ,- ,,. u ,,.. ......__,J ,,.. ,,. ,,.. ,,. ,,,,. ,,.. "They ask you concerning alcoholic drink and gambling. Say: In them is a great sin and [some] benefit for men, but the sin of them is greater than their benefit" (al-Baqara 219). Hence, acts must be judged by their overall good and overall evil. If the Quran or hadith has prohibited something, then it is known for certain that its overall result is something harmful. Someone may look at the fact that Islam, for example, prohibits interest. The person could present many possible aspects of interest that may be good for society. However, the evil of interest greatly outweighs any positive aspects that it may contain. Hence, the shareeah has disallowed it. Commentary on the Forty Hadith of al-Nawawi The Principle that "Necessity Renders Some Forbidden Acts Lawful" 1 As can be seen in the commentary to this hadith, the general principle is that under all normal or usual circumstances, a Muslim must do his best to remain away from any of the acts that have been forbidden by the shareeah. The Prophet (peace be upon him) said that if he has forbidden something, one must stay away from it altogether. A few scholars have even concluded from this hadith that a Muslim may never perform forbidden acts under any circumstances. 2 However, according to the vast majority of scholars, there are some exceptions to this general rule. These exceptions are based on the law of necessity. Forbidden acts are forbidden due to some evil or harm that they bring about. Sometimes, though, the harm that comes about due to abstaining from those forbidden acts is greater than the harm of the acts themselves. Islamic law recognizes that there are some aspects that are required for life to be lived in a proper manner. These aspects are five: religion, life itself, mental capacity, wealth and familial ties. The proper preservation of these five aspects takes precedence over the goal of avoiding forbidden acts. For example, a person may be starving to death. That is, his life, one of the five aspects, is now being threatened. The only food that is available to him, that will preserve his life, is pork. The following question must then be answered: What takes precedence, preserving his life or avoiding pork? In this case, preserving his life takes precedence. This is what is being referred to in the following Quranic verse, ). .... ǂ / ,,. ,,,. ,,,, J J "' _,,-: Ç )Z 0i ';11 2-=J> ?lb • 1 * L. " 11 Ɓ ->-ji = J ઒ ઓ lJ• / / # '...> '-> .... ' / .... u / / / .J. / ;:;:; / ,,,. / '/ | } 1 [i t\a "..; ji ࡾJ .. G f..Y.:.- : :..1 ji @1Jii " ગ ઘ; ji ' ,,.. ,.. ,., / J ,,,, ,., 6 ,., ,. ,. ... } }. • \ 1 I;-... -: I }- · · ƀ\,. \. ·-:_ L..'\,. I } ,. ... I,. ... }-... 6 ;:- ... I 1 ,. ""' I I }- _, ,.॰ if J ,.b=i •. Q.) l .;:.:>- 6 J r-::-' J ࣵ J - "= .. \..4 All ं u I ,. ,. ,. ,. I "So keep your duty to Allah as best you can, and listen, and obey, and spend; that is better for your souls. And who is saved from his own greed, such are the successful." According to al-Khaalidi, this verse is probably the most quoted verse as a defense for one's failure to perform obligatory acts or as a justification for performing prohibited acts. He presents the understanding that some people have of this verse, Some Muslims fail to perform some obligatory acts. They also perform some forbidden acts [believing] that they have a license to do so with respect to some laws. They escape some obligations.