''Mubāḥ'' (
Arabic
Arabic (, ' ; , ' or ) is a Semitic language spoken primarily across the Arab world.Semitic languages: an international handbook / edited by Stefan Weninger; in collaboration with Geoffrey Khan, Michael P. Streck, Janet C. E.Watson; Walter ...
: مباح) is an Arabic word meaning "permitted", which has technical uses in
Islamic law.
In
uṣūl al-fiqh (''principles of Islamic jurisprudence''), ''mubāḥ'' is one of the five degrees of approval (
ahkam):
# () - compulsory, obligatory
# () - recommended
# () - neutral, not involving God's judgment
# () - disliked, reprehensible
# () - forbidden
Mubah is commonly translated as "neutral",
"indifferent"
or "(merely) permitted".
It refers to an action that is not
mandatory
Mandate most often refers to:
* League of Nations mandates, quasi-colonial territories established under Article 22 of the Covenant of the League of Nations, 28 June 1919
* Mandate (politics), the power granted by an electorate
Mandate may also r ...
,
recommended,
reprehensible or
forbidden, and thus involves no judgement from
God.
Assigning acts to this legal category reflects a deliberate choice rather than an oversight on the part of jurists.
In Islamic property law, the term ''mubāḥ'' refers to things which have no owner. It is similar to the concept ''
res nullius
''Res nullius'' is a doctrine.Johnston. The International Law of Fisheries. 1987p 309 The expression "res nullius" (lit: ''nobody's thing'') is a Latin term derived from private Roman law whereby ''res'' (an object in the legal sense, anythin ...
'' used in Roman law and common law.
See also
*
Adiaphora, a similar concept in Stoicism
*
Halal
References
Arabic words and phrases
Arabic words and phrases in Sharia
Islamic terminology
Sharia legal terminology
{{arabic-lang-stub