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Islamic Legal Maxim 3 - Al-Mashaqah Tajlibi Al-Taise Er
Islamic Legal Maxim 3 - Al-Mashaqah Tajlibi Al-Taise Er
Islamic Legal Maxim 3 - Al-Mashaqah Tajlibi Al-Taise Er
AL-MASHAQAH TAJLIBI
AL-TAISEER (DIFFICULTY
BEGETS EASE)
By:
Muhammad Jidda Tom G1315283
Siti Noor Allyanafaiza Alirahim G1310240
Contents
Introduction.
II. Commencement & history of Legal Maxims.
III. Concept of Hardship Begets Ease.
IV. Types of hardship.
V. Origin base of Hardship Begets Ease.
VI. Some important books on Qawaid Qulliyah.
VII. Sources of Shariah Maxims.
VIII.Implication of Shariah Maxims on modern financial
transactions.
IX. Rules of necessity.
X. Types of easement in hardship.
XI. Reasons & circumstances of ease.
XII. Conclusion & recommendation.
I.
Introduction
The
Cont.
- According to Islamic jurisprudence, its
application is true in most, not all cases. Below
are some definitions:
1) A qa'idah refers to a rule which is generally,
but not always, applicable. This rule governs most
cases which fall under it, so the fiqhi injunction of
those cases might be established through it.
2) It is a rule which embraces most situations,
and is true to majority of cases which fall under
it.
Cont.
In Majjalla al-Ahkam Al-Adliyyah the author
explains the benefits and need of maxims, also it
advantages, these are some of his view:
1) Legal maxims are reliable and agreed upon rules,
knowing them in order to be more aware of the method
of how jurist employ them to derived injunctions is a
must.
Cont.
5) Maxims are significant, if one wants to compile
various sciences of Islamic jurisprudence and to
transform them into law.
6) There are many, minor and subtle issues which are
illusive, it is hard to retain them in memory. If one can
learn maxims plus their sources and proofs, one will be
able to apply them in a lot of situation.
7) After understanding maxims well, one can
comparatively easily understand everyday issues of
shari'ah and one can behave in their light.
8) A conformist (muqallid), even if not a fiqh, who pays
attention to maxims, is granted light and insight which
reveal to him the arguments of shari'ah. But a person not
well acquainted with them has no right to issue a legal
Cont.
For example:
In Qur'an it says the women of deceased
husbands shall wait for four months and ten days.
During this period, they cannot marry.
)
"Such of you as die and leave behind them wives,
they (the wives) shall wait, keeping themselves
apart, four months and ten days"
Cont.
Cont.
Some
Types of Hardship
Cont.
From the Sunnah:
- Narrated by Anas may Allah be pleased with
him said; the prophet (PBUH) said: facilitated
and dont distress, promised good and dont
emigrate.
Usul al-karkhi.
Ta'sis al-Nazr.
Al-Ashbah wal-Naza'ir.
Mujalla al- Ahkam al-Adliyyah.
Al- Fawa'id al-Bahiyyah fi al-qawa'id alFiqhiyyah.
Anwar al-Buruq fil Anwar al-Furuq.
Al-Qawa'id.
Qawa'id al-Ahqam fi Masalih al-Anam.
Al-Ashbah wal-Naza'ir.
Cont.
Qawaid was classed into various
groups:
1) Usuli qawaid.
2)
Qalamy qawaid.
3)
Lughawy qawaid.
4)
Fiqhi qawaid.
Cont.
Cont.
Cont.
Cont.
Rules of Necessity
Cont.
Types of easement in
hardship
1.
2.
3.
Cont.
4. Ease of Heading: Which occurs mostly in Arafat
at the time of hajj in which the Muslims joined the
two solat in one of the time, Asar been joined with
Zuhur in its first time that is what means of taqdim.
5. Ease of Delay: Usually that happens in case of
fasting for a sick person which is suffering from an
illness that he cannot make the fast because of its
seriousness and could effects his body in general,
due to this hardship is been ease for the patient to
break the fast and later pay it back.
Cont.
6. Ease of Permission: This can be put in
practice when a person is in critical illness or
scarcity of anything halal that could be taken,
and he then missed it at the time. The shari'ah
maxims of hardship pulls ease allows and
permits him to take like alcohol or pork meat
according to his hunger and taste only.
7. Ease of Mutation or Variation: The
shari'ah maxims in this part will be very
important because the Muslims will be for
instance, in a battle of field where the time of
pray approaches them, so it is easy for them to
Cont.
Cont.
2) Disease or Serious Illness: As we
know sickness is anything removing
human beings from his limit health
extent. For that it is one of the
circumstances that begets difficulty.
Conditions considered by Islamic jurist in
sickness:
A severe disease.
Leads self-destruction.
Damage some part of the body.
Cont.
3) Compulsion or coercion: This is the term were
by a person will be in a serious situation, where he
will be forced doing anything against his wish, this
happens to some of the companions of the prophet
(SAW) like Ammar bin Yaseer with his family all, and
also Bilal bin Rabah.
4) Forgetfulness or Omission: In this term the
shari'ah aspect looks at the person status were by
he is not able to think or remember of what he
wants to do at the time of necessity. For example
when he forget the prayer he is omitted to do it at
the time he remembers immediately and this is
used in all Ibadat. And mostly this could be a
mistake also that is why it stated in hadith; prophet
Cont.
5) Ignorance or Unawareness: This simply
means the lack of knowledge of legal
provisions all or some of them. And this could
be a huge situation whereby you doing
something on lack of knowledge which strictly
affect all your life activities and makes it void.
For this, scholars of Islamic law put some rules
for lack of knowledge can be an excuse that
hardship can pull ease. These conditions are:
Cont.
Cont.
6) Universal Hardship: Simply means finding
the human hardship and avoiding the thing to
guard him. For instance, as in acceptance of
prayer with the presence of impurity. It happens in
the prophet (SAW) time whereby animal like cats,
dogs, urinate in the Masjid and they pray like that
without purifying it. But sometimes they spray
water on it to be purified.
7) Decrease or Imperfection: Can be easily
defined as going after the completeness of the
thing. It comprises three things for a matured
person: mind, freedom, masculinity, and all these
three can easily pull ease when there is hardship
Conclusions &
Recommendation
Cont.
Cont.