Al-Baydawi on Salvation, Substitution, and Divine Justice

Abu Musa' reported that Allah's Messenger (ﷺ) said:

عَنْ أَبِي مُوسَى، قَالَ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم 

‏"‏ إِذَا كَانَ يَوْمُ الْقِيَامَةِ دَفَعَ اللَّهُ عَزَّ وَجَلَّ إِلَى كُلِّ مُسْلِمٍ يَهُودِيًّا أَوْ نَصْرَانِيًّا فَيَقُولُ هَذَا فَكَاكُكَ مِنَ النَّارِ ‏"‏ ‏.

When it will be the Day of Resurrection Allah would deliver to every Muslim a Jew or a Christian and say: That is your rescue from Hell-Fire. 

Al-Qadi al-Baydawi, may God have mercy on him, said:

لمّا كان لكل مكلَّف مقعد من الجنة، ومقعد من النار، فمن آمن حقّ الإيمان بُدّل مقعده من النار بمقعد من الجنة، ومن لم يؤمن فبالعكس، كانت الكفرة كالخلف للمؤمنين في مقاعدهم من النار، والنائب منابهم فيها، وأيضًا لَمّا سبق القَسَم الإلهيّ بملء جهنم كان ملؤها من الكفار خلاصًا للمؤمنين، ونجاةً لهم من النار، فهم في ذلك للمؤمنين كالفداء، والفكاك، ولعل تخصيص اليهود والنصارى بالذكر؛ لاشتهارهما بمضادة المسلمين، ومقابلتهما إياهم في تصديق الرسول المقتضي لنجاتهم. 

" Since every accountable person has a seat in Paradise and a seat in Hell*, whoever believes with true faith has his seat in Hell exchanged for a seat in Paradise, and whoever does not believe, the opposite applies. Thus, the disbelievers are like successors to the believers in their seats of Hell, taking their place therein. Furthermore, since the divine decree regarding the filling of Hell has already been established,** its being filled with disbelievers is a salvation for the believers and a deliverance for them from the Fire; thus, in this regard, the disbelievers serve as a ransom and a means of deliverance for the believers. Perhaps the Jews and Christians are singled out for mention because they are known for their opposition to the Muslims and for their refusal to believe in the Messenger, which necessitates their salvation. End.” 

Allah, the Exalted, says: 

{And no bearer of burdens shall bear the burden of another} [Fatir: 18]

---

Reference: Tuhfat al-Abrar Sharh Masabih al-Sunnah by Nasir al-Din al-Baydawi, vol. 3, p. 399. 

* https://hadeethenc.com/en/browse/hadith/8869

** https://legacy.quran.com/32/13 

 

Why Islam permits consanguineous marriage when science links it to increased risk of genetic disorders ?!

 The Statistical Reality of Genetic Risks

When discussing the risks of marrying first cousins, it is vital to look at the actual numbers rather than general fears. Statistical studies indicate that while there is an increase in the probability of autosomal recessive disorders, it is a limited one; rising from approximately 1.7% to 2.8%. This means that the increase is less than 3% above the baseline risk found in the general population. Consequently, more than 97% of children born from such marriages are entirely free of these genetic conditions. From a legislative standpoint, it would not be wise to prohibit a broad social door of benefits based on a limited statistical increase.

 

The Principle of "Preponderance of Harm"

Islamic law (Sharia) builds its rulings on the preponderance of harm rather than the mere possibility of it. If the law were to prohibit every action that carried a slight risk of disease or injury, several common practices would have to be banned:

• Pregnancy after 40: The risk of chromosomal disorders like Down syndrome increases significantly, yet it is not prohibited.
• Marriage for those with chronic illnesses: Women with diabetes, obesity, or high blood pressure face higher risks during pregnancy, but they are not barred from marriage.
• Essential Professions: Jobs in medicine and nursing carry risks of infection, and travel by car or plane carries risks of accidents, yet these remain permissible. 

The following table demonstrates how the Law manages various risks that we accept as part of the human experience:

Activity	Associated Risk / Potential Harm
Pregnancy after age 40	Significant increase in chromosomal abnormalities (e.g., Down Syndrome).
Marriage with Chronic Conditions	Potential complications arising from Diabetes, Hypertension, or Obesity.
Healthcare Professions	Occupational risk of contracting infectious diseases (Nursing/Medicine).
Modern Transportation	Statistical probability of accidents in cars or airplanes.
Physical Labor & Sports	Potential for acute injury or long-term musculoskeletal strain.

 

The Law provides a wide space for permissibility (Mubah), allowing humans to navigate these risks using their own agency and local context. The Sharia provides a space for human agency and focuses on prohibiting things where the harm clearly outweighs the benefit. Furthermore, it is difficult to define an arbitrary "cutoff" percentage (such as 1% or 2%) that would justify a universal prohibition.

 

Social and Humanitarian Dimensions

The permissibility of marrying relatives accounts for the complex reality of human life and social needs:

• Geographical Necessity: Many tribes and communities live in isolated areas where internal marriage is a practical necessity for survival and social cohesion.
• Humanitarian Protection: A man may marry his orphaned or widowed cousin to provide for her, protect her children, and preserve her dignity—a social benefit that often outweighs the slight statistical risk of genetic disease.
• Emotional Regulation: Natural attractions can develop between relatives who grow up in the same social circles. By allowing marriage, Islam provides a halal outlet for these emotions, preventing the potential for forbidden relationships. 

 

Permissibility is Not an Obligation

It is crucial to distinguish between permissibility (Ibaha) and obligation (Ijab). While Islam allows marriage between relatives, it does not mandate it. In fact, several prominent figures in Islamic history encouraged "marrying far" to strengthen the lineage.

• Imam Al-Shafi'i noted that families who only marry within themselves might produce "weak" or "unintelligent" offspring.
• Umar ibn Al-Khattab famously advised a family that had become physically weak to marry outside their kin to avoid "fading away".

 

Modern Science as a Tool, Not a Replacement for Law

Today, pre-marital genetic screening allows couples to understand their specific risks. Islam’s original ruling of permissibility remains a general rule for all times and places, and it does not change based on temporary technological shifts. However, Islam encourages seeking knowledge and taking precautions. Couples can use modern medicine to make informed decisions without the need for the law to prohibit what was originally made lawful.

 

Strengthening the Foundation of Faith

For students of science, the ultimate goal should be to build a firm foundation of faith that is not shaken by every new question or study. When one has a solid certainty in the overarching truths of Islam, specific "ambiguous" issues are referred back to "clear" principles. Rather than science becoming a source of doubt, it should be a means to realize the depth and wisdom of Divine legislation in balancing human needs with natural laws.

 

 The prevalence of congenital anomalies in the offspring of first cousin marriages has been estimated to be 1.7–2.8% higher than the background population risk, mostly attributable to autosomal recessive diseases [ https://www.nature.com/articles/gim2011137]