and the breaking of pledges; this obligation applies, however, only when what is stipulated does not conflict with Allah’s Book and His stipulation. If it does conflict with Allah’s Book and His stipulation, the stipulation is invalid. This is the meaning of the Prophet’s words (peace and blessings be upon him):
“Any stipulation a person lays down that is not in Allah’s Book is invalid, even if there are a hundred stipulations. Allah’s Book has greater authority, and Allah’s stipulation is more binding.”
His words, “lays down a stipulation,” refer to the matter stipulated. His words, “not in Allah’s Book,” mean that the matter stipulated is not in Allah’s Book—that is, it is not something Allah has permitted. Examples include stipulating that rights of patronage belong to someone other than the person who freed the slave, or that lineage be attributed to someone other than the father; likewise, sexual intercourse without either marriage or slave ownership, and other things that Allah has not permitted under any circumstances.
This also includes marrying a woman without a dower. Hence his words:
“Allah’s Book has greater authority, and Allah’s stipulation is more binding.”
This is said only when the matter stipulated contradicts Allah’s Book and His stipulation. Allah’s Book and His stipulation must then take precedence, and it is said:
“Allah’s Book has greater authority, and Allah’s stipulation is more binding.”
But if Allah has not expressly declared the stipulation itself or the matter stipulated lawful, and has instead remained silent about it, it does not thereby contradict Allah’s Book and His stipulation such that one could say:
“Allah’s Book has greater authority, and His stipulation is more binding.”
Thus, his words, “Any stipulation a person lays down that is not in Allah’s Book,” mean one that conflicts with Allah’s Book.
It makes no difference whether “stipulation” is understood to mean the act of stipulating or the matter stipulated: whenever either conflicts with Allah’s Book, the other does too. This is unlike a matter about which He has remained silent. This, then, is one fundamental principle.