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Philosophy and Fundamentals of Sharī’ah for Islamic Finance
SHA0011
Technically, Sadd al-Dharā’i‘ indicates closing the path that leads to
something or blocking the means to an expected end which is likely
to occur if the means towards it is not blocked.

Muslim jurists have classified the dharā’i‘ into four types and each
type is governed by different rules.

Type I: Action which will definitely lead to evil. This type of
action is totally prohibited by the majority of the
Muslim jurists

Type II: Action which is most likely to lead to evil and is rarely,
if ever, expected to leads to a benefit such as the selling
of grapes to a wine manufacturer. According to Imām
al-Shātibi, such transaction is invalid based on the
consensus of the Muslim jurists. (Source: Al-Muwāfaqāt,
al-Shāṭibi).

Type III: Action which frequently leads to evil but there is no
certainty, or prevailing probability that such will always
be the case such as deferred sales (bay’ al-mu’ajjal), that
is alleged to be a means to ribā. The Malikis and Hanbalis
invalidated the transaction that leads to ribā whereas
the Shafites and Hanafis opined that the mere possibility
of ribā must not be allowed to override the legality of
a valid sale

Type IV: Action that is rarely expected to lead to evil and is most
likely to lead to a benefit. For example, the action of
planting grapes is not prohibited as the means that
leads to a benefit is greater than an evil flexibility and
growth.

6. The Fatwa of a Companion (Aqwāl al- Ṣaḥābi)
Reliance on the fatwa of the companions is a practice that was initiated
after the death of the Prophet SAW. The jurists nevertheless are not in
agreement as to whether such fatwa could be relied upon as a binding
source. The jurists have arrived at four opinions with regard to this.
Imām Shāfi’i, Imām Aḥmad bin Ḥanbal in one riwāyah, and some of
the Hanafis and Malikis are of the opinion that this fatwa cannot be
taken as strong evidence. On the contrary, the Ḥanafīs, Imām Aḥmad
bin Ḥanbal in another riwāyah, and Imām Mālik held it to be otherwise
as it is formed as a consensus among the companions and thus has a
binding effect on Muslims.

It should be noted that the opinion of the companions is only disputable
if it is formed by way of ijtihād.