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Rukhsah IIMP PGKOM 060919 PRINCIPLES OF RUKHSAH IN ISLAM Che Anuar Che Mohamad Diploma Islamic Studies(Isyllabus Scotland) MBBS (IIUM), MSc(Dundee), PhD(Glasgow) LEARNING OBJECTIVES Describe the definition of rukhsah Discuss the concept of rukhsah Describe the different types of rukhsah Discuss the principles and guidelines of its application Introduction Rukhsah – important rule/concept in fiqh Linguistically – facility and gentleness Istilahi – a concept/rules on the exception to the original rule (azima) due to substantial and valid excuses eg. Sickness Based on the spirit of leniency and the removal of hardship General Evidences “Allah intends every facility for you; He does not want to put you to difficulties”. (2:185) “So fear Allah as much as you are able” (64:16) “The deen is ease, whoever make the deen too hard for himself will be overpowered, so direct yourselves to what is right, follow the middle course,…” (al-Bukhari: 39) “If I command you to do anything, do as much of it as you can.” (al-Bukhaari: 7288 & Muslim:1337) Specific Evidences “But if one is forced by necessity, without wilful disobedience, nor transgressing due limits,- then is he guiltless. For Allah is Oft- forgiving Most Merciful.”(2:173) “When ye travel through the earth, there is no blame on you if ye shorten your prayers, for fear the Unbelievers May attack you: For the Unbelievers are unto you open enemies.”(4:101) Narrated `Imran bin Husain: I had piles, so I asked the Prophet about the prayer. He said, "Pray while standing and if you (ﷺ) can't, pray while sitting and if you cannot do even that, then pray Lying on your side.” (al-Bukhari, V2: 1117) A narration says, “We used to travel with Messenger of Allah (pbuh) when among us were those shortening and those offering full prayers, but they did not object to one another.” (al-Daruqutni, V2: 189) The evidences indicate the permissibility of rukhsah a range of difficulties that justify rukhsah Different form of flexibles rules – Dharurah – Rukhsoh *Occasionally used interchangeably Concept and Ruling of Rukhsa The rule of rukhsoh is permissible (mubah) or optional to perform However could be Compulsory Wajib – eating dead animals out of dharurah Recommended (Mandub) – shortening prayer during travelling Permissible (Mubah) – examine patient of opposite gender Dislike (Makruh) – uttering the word of kufr out of force (Al Mu’tamad Fil Fiqh As Shafie) Rukhsah can be applied to eliminate difficulties not severe not in the extreme need Contrary to dharurah, rukhsah is practiced in need (haajah), necessity extreme situation Classification of Rukhsoh According to the rulings (compulsory, recommended etc) According to the level of facility (takhfif) According to the causes Classification of Rukhsah –according to causes Absolute necessity (Dharurah): use of forbidden thing to preserve the fundamental needs –life etc. Needs (Haajah): necessitates lessening, simplification and general relief Journeys (Safr): permitted to break the fast etc. Forgetfulness (Nisyan): such as eating during fasting Ignorance (Jahl): eg- ignorance about the impurity of certain food Compulsion (ikrah) : eg-being compelled to destroy another person’s property Limitations and defects (Naqs) Shortage of money and related factors for Hajj Bodily Defect/Disability: Sickness that permits tayammum etc. Mental incapacity or Insanity Childhood Frequently occurring situation (Umum al Balwa) - almost impossible to avoid. Guidelines to apply Rukhsah The existence of significant hardship –justify shifting from azima to rukhsah (variation) The reason/excuse for the rukhsah must be certain or close to certain. The reason for the application of the rukhsah has already occurred The person is fully aware of its pre-conditions and limitations as defined by the jurists - restrict himself to them Compelled to do so, i.e. does not find any other alternative and he firmly believes that doing so will save him from the harm. Not pervasively seek after the rukhsah i.e. to take from each mazhab whatever is permissible based on lust and jest permissible to choose opinion from other mazhab in state of dharurah and haajah Higher Value of Rukhsah The higher value of rukhsah in medical practice is to preserve both human’s physical and spiritual health - avoiding conflict between adherence to the sharia rules and treatment plan Is practising rukhsoh equate to less religious? “Indeed, Allah tabaraka wa ta’ala loves when rukhsah from Him is applied, just as He hates it when transgression is done” Ahmad (5832), Ibn Khuzaimah (903) and al-Tabarani in Mu’jam al-Awsat. “Indeed, Allah loves it when his rukhsah is applied, just as He loves it when His commandments are obeyed” “If a person is sick or is travelling, there is written for him (the reward) for the deeds he used to do when he was healthy or not travelling.” (al Bukhari) References Al-Dimasyqi, S. Ahmad . Azzu. Inayah (2003). Ar Rukhasul Fiqhiyyah Fi Dhau’i Al Kitab Wa Sunnah. Al-Mutairi, M. Z. (1995). Necessity in Islamic law. (PhD thesis) Al-Muwafaqat fi Usul al-Shari'a, & Ibrahim ibn Musa Abu Ishaq al-Shatibi. (2014). The reconciliation of the fundamentals of Islamic law. Garnet Publishing. Al-Syatibi, A. I. (2002). al-Muwafaqat fi Ushul al-Ahkam. Beirut: Maktabatul Assryya, tt. Al-Zuhayli, M. (2010). Al-Mu’tamad fi al-Fiqh al-Shafi’i. Damascus: Dar al-Qalam. ʻAwāyisha, Ḥ. (2001). Al-Mawsūʻah al-fiqhīyah al-muyassarah fī fiqh al-kitāb wa-al-Sunnah al-Muṭahharah. Bayrūt: Muʼassasat al-Rayyān. IRSYAD USUL AL-FIQH SERIES 36: RUKHSAH OR 'AZIMAH; WHICH ONE IS PRIORITIZED? Retrieved from https://muftiwp.gov.my/en/artikel/irsyad-usul-fiqh/3425-irsyad-usul-al-feqh-series-36-rukhsah-or-azimah- which-one-is-prioritized Mohamad, Che. Anuar. C., Roslan, R., Sharifudin, M. A., & Taib, M. N. A. (2015). A REVIEW ON THE APPLICATIONS OF RUKHSA IN MEDICAL PRACTICE. Safian, Yasmin. H. M. (2010). Necessity (Darura) in Islamic Law (Doctoral dissertation, PhD Thesis), Exeter, University of Exeter). Thank You Common surgical/ orthopaedic conditions lead to partial inability 1. surgical wound or fracture that - require cast or splint or wound dressing disagreement between the scholars to manage like a khuf i.e. wiped over the covered surface or be ignored The second opinion i.e. ignored, seems to be the stronger opinion and supported by both authentic evidences and some prominent scholars like Sheikh Muhammad Nasiruddin al-Albani (rahimahullah) all hadiths that relate the rulings of wiping over the jabirah are extremely weak thus couldn’t be accepted as valid opinion. (Al-Albani, Tamam ul Minnah) “by the texts of the Quran and Sunnah, anything that a person cannot do is waived for him. The opinion that require him a substitute for it would be a legislation, and a legislation may only be imposed by the Quran or Sunnah. There is no text in the Quran or Sunnah requiring substituting wiping on jabirah for the parts that cannot be washed. Therefore, this opinion is invalid.” Cast and wound dressing – The opinion of not wiping over jabirah but rather wash whatever accessible is more in harmony with the spirit of rukhsoh due to the illness and would facilitate the affected patient to perform wudhu’ and ghusl without significant hardship or damaging the jabirah – Or wound cover comprise of bandage (a woven cotton or synthetic material) and a more specialized inner dressing materials like adhesive film, alginate etc – not wiping over the jabirah, would ease the affected patients to achieve the state of cleanliness and subsequently allow them to to perform another act of worship like 5 times daily prayer without having to face significant difficulty – prevent the common problem of abandoning 5 times daily prayer among the patient as one of the common excuse given is their failure to achieve the state of cleanliness i.e. failure to perform wudhu’ or ghusl as adequately in accordance to the classical understanding of fiqh which not necessarily based on authentic and valid evidences. 2. Creation of abdominal stoma due to surgical conditions like colorectal cancer - Stoma : - artificial hole in the abdomen that directly connected the large intestine to the external bag - allow the faeces to leave and become collected in the bag. -patients experience difficulties to perform their religious duties (to perform wudhu’, ghusl and prayer) (Herek et al, 2003) -involuntary abandonment of prayers due to the believe that their prayer will not be accepted due to uncontrolled faecal flow (Cavdar, 1999). 2nd International Conference on the Qur’an and Sunnah (ICQS2) 13-14 March 2015 Stoma Kuala Lumpur, MALAYSIA Rukhsoh allow them to ignore the area of stoma during their ghusl or they could resort to perform tayammum instead of washing their body with water. The Sunnah indicates that it is permissible to join two prayers for a sick person for whom it is too difficult to offer every prayer at its own time. This is the view of the Maalikis and Hanbalis. Al-Nawawi said: This view is very strong. End quote. Al-Majmoo‘, 4/263 Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said: Every time there is hardship or difficulty, it is permissible to join the prayers, whether one is at home or travelling, because of sickness, rain, a strong cold wind, and so on. So if it is too difficult for a pregnant woman to offer every prayer at its own time, she may join the prayers. And if it is too difficult for a breastfeeding woman to offer each prayer at its own time, because her baby urinates on her and the like, then she may put the prayers together. End quote. Liqa’ al-Baab al-Maftooh, 201/4 Al-Nawawi (may Allaah have mercy on him) said: The ummah is unanimously agreed that whoever is unable to stand in an obligatory prayer may pray sitting, and he does not have to repeat it.
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