The burden of
proof in God's law: Why permissibility is the default
When I tell someone “Actually that’s not forbidden by God” and the poor thing says: “But you haven’t provided evidence from the Quran and Sunnah!”:
Principles of Shari’a Proof
1. Proving a Negative
I can’t prove a negative lol.
2. The Default State is Permissibility
I don’t have to – the default position in God’s law is that everything is permissible unless otherwise stated. So the burden of evidence is on someone saying it is forbidden.
3. Strength of Evidence Required
That evidence has to be pretty strong and not some flimsy inference. To forbid what God has permitted is a great evil which he specifically and repeatedly criticises Jews and pagans for (see: Surah Ma’idah and An’aam). God condemns those who have the audacity to forbid His bounties and favours (7:32).
Divine Commandment:
Ironically for those who believe in prohibiting everything, God commanded: “You who believe, do not forbid the good things God has made lawful to you – do not exceed the limits: God does not love those who exceed the limits” (Surah al-Ma’idah 5:87).
4. Focus on Positive Action
If your faith is built on not doing/staying away from things (negative actions) rather than actually getting things done (positive actions) then you’re not going to get very far. Therefore, God says those who make up lies about things being permissible and impermissible and impute them on God “will not be successful” (Surah an-Nahl 16:116).
Interpretation and Higher Objectives
As for interpretations of the Quran and sunnah, it is to be conducted by intelligent people who can actually see common sense and beyond simplistic linguistic breakdowns. Every mature adult knows that life is about context and outcomes.
“The foundations and edifice of the shari’ah are built on wisdoms and benefits to a person, in their living and (life) journey. All of the shari’ah is justice, mercy, benefit and wisdom. Every issue that goes from justice to oppression, from mercy to its opposite, from benefits to loss, from wisdom to imprudence, then it is not the shari’ah even if it is made to appear so through interpretation (of revelation).”
