Hardship begets facility

المشقة تجلب التيسير

– Hardship begets facility –

Quranic Evidence:

وما جعل عليكم في الدين من حرج

“He has placed no hardship upon you in your religion”

يُرِيدُ اللَّـهُ بِكُمُ الْيُسْرَ وَلَا يُرِيدُ بِكُمُ الْعُسْرَ

“Allah intends ease for you, and He does not intend hardship for you”

لا يكلف الله نفسا إلا وسعها

“Allah does not burden any soul with more than it can bear”

Sunnah Evidence:

“إن الدين يسر ولن يشادَّ الدينَ أحدٌ إلا غلبه فسددوا وقاربوا وأبشروا واستعينوا بالغدوة والروحة وشيء من الدلجة”

“Verily the Religion is ease and one can never overburden himself with Religion except it will overcome him so act appropriately by perfection and (or) approximation and give good tidings and seek help (the strength) by (obedience to Allah in) the morning(s) and evening(s) and something from the end of the night.” (Sahih al-Bukhari: hadith no. 39, Sunan an-Nasa’i: hadith no. 5049)

Brief Explanation of Maxim:

• Hardship impeding the obedience to Allah and His Messenger (ﷺ) should be relieved and eased.
• What is meant by the maxim is that when the observation of an obligation or prohibition causes excessive hardship, options are provided to relieve the difficulty in the form of concession (rukhsah).
• According to scholars, hardships are of two types.

1. Firstly, the hardship that permanently accompanies acts of worship, such as the hardship associated with performing ablution during winter.
2. Secondly, the hardship that does not accompany the acts of worship most of the time, which are divided into three categories:
3. Exorbitant hardship, entailing possible loss of life or a limb or its function, which undoubtedly begets concession.
4. Minor hardship, such as trivial discomforts, which is not considered for concession.
5. Hardship that lies between the two aforementioned categories. The concession for this case will depend on the shariah scholar’s assessment of the matter on hand.

Shariah scholars have identified seven reasons for concessions:

1. Coercion (ikrah mulji’/ ikrah ghayr mulji’)

Ikrah mulji’ is duress by physical harm to kill or to mutilate or to injure. While ikrah ghayr mulji’ is less harmful than the aforementioned.

1. Forgetfulness
2. Incognisance

It is the state of not knowing the shariah rulings.

1. Widespread affliction that affects virtually everyone and is, thus, difficult to avoid (umum al-balwa)
2. Travelling
3. Sickness and disease
4. Deficiency of legal obligation (naqs)

Such as the obligation of fasting for children.

Conditions for Maxim:

Facility and easing must:

• Commensurate with the extent of the hardship in carrying out what Allah desires from the mahkum alaihi (mukallaf).
• The hardship should be real, not anticipated or imagined.
• The facility should not violate fundamental shariah principles, such as protecting people’s rights.

Other Main Highlights:

Shariah scholars have also identified the kind of facilities provided by shariah for easing hardship:

1. Isqat: The obligation is dropped as long as the indication persists. For example, people with physical disabilities is exempted from jihad.
2. Tanqis: The obligation’s constituent is reduced. For example, four rak’ah prayers become two for travellers.
3. Ibdal: The obligation’s ruling is substituted. For example, wudu’ is substituted with tayyammum if water is unavailable.
4. Taqdim or Ta’khir: The obligation timing is shifted. For example, A traveller during Ramadan can break their fast, and fast another day in its place.
5. Taghyir: The obligation format is changed. For example, a person who cannot stand in prayer is allowed to sit.

Tarkhis: The obligation is eased. For example, consuming haram foods if one is on the brink of starvation and no other halal alternative available.

Applications to Daily Life:

1. Permissibility of concluding wholesale trade by viewing a sample of goods as representative for all (bai’ an-namudhaj).
2. Permissibility of concluding trade contract under duress.
3. A pregnant woman can be exempted from fasting during the Ramadan month if she believes that fasting will cause her undue hardship and affect her wellbeing or the wellbeing of her foetus.

Disclaimer

There is more to this legal maxim than what is being shared here. The content here serves as an introduction to the science of legal maxims, where scholars use to apply a maxim to certain activities, actions and issues. Do refer to relevant treatises for more elaborate details.

References

1. Atiyyah ’Adlan, Atiyyah Ramadhan. (n.d.). Mawsu’ah Al-Qawa’id Al-Fiqhiyyah Al-Munadhamah Lil-Mu’amalat Al-Maaliyyah Al-Islamiyyah wa Dawruha Fi Tawjih An-Nadhm Al-Mu’asirah. Darul Iman Al-Iskandariyyah.
2. Hatim Busammah, Dr. (2018). Madkhal Ila Dirasat Ilm Al-Qawa’id Al-Fiqhiyyah (1st ed., Vol. 1). Darul Ihsan.