Legal permission in the light of principles of sharia
Abstract
Islam is a way of life that promotes ease and not difficulty. There are numerous Aayaat and Ahadith that attests to this.The Quran reads:“Allah does not charge a soul except its capacity”(Baqarah:286).Thus the Prophet Muhammad (sal allah alihi wsalam) said:“Surely the Deen (of Islam) is easy”(Bukhaari).If a person is unable to carry out what the Sharee‘ah (Islamic Law) expects of him/her, due to illness, injury,traveling, ignorance, or even old age, then the law grants a concession. There are certain principles based on Qur’aan and Sunan. That promotes the easiness and leniency of Islam and its Sharee’ah. One such principle is as follows: “Difficulty warrants ease’’The above principle means that if difficulty exists then the law grants easiness in the form of a concession. An example of this principle is, if a person is on travel the Sharee‘ah allows that person to shorten his/her prayers or if the same person is fasting, he/she is allowed to break fast. The allowance is given mainly because the law recognizes the hardships/difficulties in travel and therefore wants to facilitate ease in worship. Concessions (rukhsah) in Islam are allowed to lighten ‘ibaadaat (acts of worship), mu‘aamalaat (transactional relationships), and other matters.Zarurah (necessity) and Hajah (need) is also the Maqasid al-Shariah protection tools in Islamic law. Salam, Istisna, Muzarbah etc contracts were considered permitted to remove the hardships from people.
Kashif Bilal, Dr.Muhammad Ijaz. (2020) رخصت ِشرعی۔ قواعدِفقہیہ کی روشنی میں, Al-Qalam, Volume 25, Issue 1.
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