Would an Unspoken Thought Be Treated as a Spoken Statement? – Shaykh Muhammad Carr

Answered by Shaykh Muhammad Carr

Question

In the Shafi‘i Madhhab, under what circumstances would an unspoken thought be considered equivalent to a spoken statement?

Answer

In the Name of Allah, the Most Merciful and Compassionate. 

I pray you are in good faith and health. Thank you for your question. 

Shafi‘i scholars assert that silence is simply an absence, and legal rulings cannot be deduced from absence. Imam al-Shafi‘i stated, “An unspoken thought cannot be attributed to the silent one” [Zarkashi, al-Bahr al-Muhit].

Imam al-Zarkashi, elaborating on this, explains, “This means that an unspoken thought cannot definitively be attributed to the silent one because silence may indicate considering it correct, acknowledgment of personal reasoning (ijtihad), or doubt. Therefore, a definite attribution cannot be made to him” [Ibid].

However, if evidence is found to ascribe speech to the silent individual, it is taken into account, as illustrated by the Prophet’s statement (May Allah bless him and grant him peace) regarding the virgin: ‘Her silence is her permission’. Our assertion: ‘The Prophet’s tacit approval of a statement or action, with his knowledge and capacity to reject it, serves as further evidence’ [Ibid].

I pray this is of benefit and that Allah guides us all.

[Shaykh] Muhammad Carr

Checked and Approved by Shaykh Faraz Rabbani

Shaykh Muhammad Carr has dedicated his life to studying and transmitting our beautiful deen. His studies have taken him around the globe, where he has benefitted from many luminaries. Under the guidance of his teachers – Shaykh Taha Karan, Shaykh Yaseen Abbas, Shaykh Muadh Ali and many others – Shaykh Muhammad has grown to appreciate the beauty and benefits of diverse scholarship. He completed his memorization of the Qur’an at Dar al-Ulum Zakariyyah in September 1997 and received an Alimiyya Degree in 2006 from DUAI (Darul Ulum al-Arabiyyah al-Islamiyyah). He is also affiliated with Masjid Auwal in Bo Kaap, Cape Town (the oldest mosque in South Africa), where he serves as a co-imam, and Dar Al-Safa, where he has taught since 2018. As a teacher, he imparts the wisdom of our heritage and tradition by opening the door for students. As an imam, he has the unique opportunity to serve his community in daily life. 

In addition to his roles as a teacher and imam, Shaykh Muhammad Carr has contributed significantly to the administrative and advisory aspects of Islamic institutions. Since 2023, he has served as the Administrative Director at The Imam Kurani Institute, contributing to the institution’s growth and development. He continues to pursue traditional Islamic Sciences, possessing a keen interest in Islamic Contract Law and Finance. Shaykh Muhammad has been a Shari’ah Board Member for Islamic Asset Management & Insurance Companies since 2001, aligning financial practices with Islamic principles.