Is there any basis for the concept of "khawarim al-muru'ah" (acts that violate human dignity) if the act is not religiously forbidden?
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The questioner : Of course, do you know what is called "khawarim al-muru'ah" (acts that violate human dignity)? Does this concept have a basis if the act is not religiously forbidden? Is there a piece of evidence we can rely on to consider certain non-forbidden and repugnant acts, in certain places or at certain times, to be among the acts that violate human dignity?
The Shaykh : This is an exercise of independent legal reasoning (ijtihad) by the scholars, and there is no explicit text regarding it. First, there is no text on it. Second, it varies from era to era and from country to country. The issue involves extreme precision.
The questioner : Is it acceptable from a Shari'ah perspective?
The Shaykh : It is acceptable.
The questioner : It is acceptable that there are acts that violate human dignity, even if no text exists forbidding them or declaring them disliked.
The Shaykh : Yes, yes.
The questioner : What is the evidence that we accept this?
The Shaykh : May Allah guide you. I told you beforehand that there is no text on it; rather, it is a derivation by the scholars of knowledge. First, there is no text on it. Second, it is a derivation by the scholars of knowledge. Third and finally, I told you that the issue involves extreme precision. Fourth, it varies from country to country.
The Shaykh : This is an exercise of independent legal reasoning (ijtihad) by the scholars, and there is no explicit text regarding it. First, there is no text on it. Second, it varies from era to era and from country to country. The issue involves extreme precision.
The questioner : Is it acceptable from a Shari'ah perspective?
The Shaykh : It is acceptable.
The questioner : It is acceptable that there are acts that violate human dignity, even if no text exists forbidding them or declaring them disliked.
The Shaykh : Yes, yes.
The questioner : What is the evidence that we accept this?
The Shaykh : May Allah guide you. I told you beforehand that there is no text on it; rather, it is a derivation by the scholars of knowledge. First, there is no text on it. Second, it is a derivation by the scholars of knowledge. Third and finally, I told you that the issue involves extreme precision. Fourth, it varies from country to country.