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Al-Ibahah


An Arabic term (الإباحة) that translates as permissibility. It is a principle, under shari’ah, that any act is permitted as long it is not specifically prohibited. Al-ibahah especially applies in muamalat (economic and commercial transactions) where a Muslim has the choice between the performance of an act or refrainment- in other words, it would be optional without any corresponding outcomes, thawab or iqab, desirable/ undesirable or pleasant/ unpleasant repercussions, in accordance with shari’ah. Such an act is described as al-mubah,  i.e., whatever is left for the discretion/ preference of a Muslim person, without any imposition or restriction by shari’ah.

Permissible (mubahah) acts are countless and innumerable: the essence in muamalat is permissibility (al-ibahah) according to the shari’ah maxim (all contracts and transactions are permissible, unless there is “substantiated” evidence indicating otherwise). Examples of al-mubah include the determination of profit-sharing percentages in mudarabah transactions at the discretion of the two parties (while for losses, only rab al-mal bears all potential losses if occurred unless in very specific cases- negligence by mudarib, etc.).

Al-ibahah is also defined as al-ibahah al-asliyah (presumed permissibility).



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