Rules on Rukhsah: On Following Shari‘ah Concessions
A. Yes it’s true, but with conditions and caveats. Let me explain:
The Holy Qur’an says: يُرِيدُ اللَّهُ بِكُمْ الْيُسْرَ وَلاَ يُرِيدُ بِكُمْ الْعُسْرَ – ‘Allah desires ease for you; He does not desire for you hardship.’ [2:185]
One celebrated hadith says: يَسِّروا وَلا تُعَسِّرُوا وَبَشِّروا وَلا تُنَفِّروا – ‘Make things easy for people and do not make things difficult; give them glad tidings, do not drive them away.’1
Thus while the principle of ease (taysir) is rooted in revealed texts, we must ensure it does not turn into one of adulteration; especially in today’s egotistical and desacralised world.
From the earliest days of Islam, a core aspect of a mufti’s remit was not only to inform the unqualified masses of the Islamic ruling on any given issue, so as to help them keep their feet firmly upon the path of piety and worship of God. It was also to extend a lifeline in extenuating circumstances; especially to those weak in faith cast adrift in the stormy seas of sin and disobedience. Sufyan al-Thawri said: ‘In our view, knowledge entails [issuing] legal concessions (rukhsah). As for being strict, anyone can do that.’2
‘Azimah refers to a “strict” religious ruling – a ruling in its original form, without any attendant reason or circumstance that could soften its original force. By contrast, rukhsah is a “concession” in the law; an exception to the rule. It is a concessionary ruling brought about by mitigating circumstances, so as to bring about ease in difficult situations.3
The Prophet ﷺ said: إِنَّ اللهَ يُحِبُّ أَنْ تُؤْتَى رُخَصُهُ كَمَا يُحِبُّ أَنْ تُؤْتَى عَزَائِمُهُ – ‘Allah loves that His concessions are taken, just as He loves His stringent rulings are obeyed.’4
Thus ‘azimahs are norms: rukhsahs are exceptions when there are justifiable needs to warrant them. Moreover, a shari‘ah-legislated rukhsah, or relaxation of the law, is based on strictly following certain obligatory guidelines; which include:5
[i] The opinion that brings about the ease must be a valid fiqh opinion; not an anamolous (shadhdh) one.
[ii] The rukhsah should ward of a genuine hardship, be it to the individual or society.
[iii] Deciding if a rukhsah needs taking must be determined by one known to be juristically qualified as well as known for their religious piety, integrity and adherence to revealed truths.
[iv] Following rukhsahs must not become a habitual practice; a device to skirt around the usually legislated ‘azimah or more ‘stringent’ normative ruling.
[v] Such a rukhsah must never lead to the forbidden type of talfiq (lit. ‘piecing together’), where the picking and choosing; the mixing and matching, of madhhabs contravenes an established ijma‘, or leads to innovating a totally new ruling that is neither confirmed by any madhhab or mujtahid.
Legalistic aspects aside, there is also the spirit of the law to consider when dealing with rukhsahs. For a rukhsah is there to facilitate ease and allow obedience to flourish under exceptionally difficult circumstances. Its goal is to make things easier in order for faith to still thrive; not for piety to spiral downwards or slackness towards sins normalised. An individual must, therefore, balance between their spiritual growth, which arises as a result of battling against one’s ego or desires in order to obey Allah; and between being overwhelmed with hardship due to not taking a shari‘ah-sanctioned concession. As Shaykh Abdal Hakim Murad has contended: ‘The truly-taken rukhsa makes you grow a little; the falsely-taken rukhsa makes you shrink rapidly.’6
Let’s conclude with these words of sayyiduna ‘Ali, radia’Llahu ‘anhu: الْفَقِيهُ مَنْ لَمْ يُقَنِّطِ النَّاسَ مِنْ رَحْمَةِ اللهِ وَلَمْ يُرَخِّصْ لَهُمْ فِي مَعَاصِي اللهِ – ‘The faqih is not the one to cause people to despair of Allah’s mercy, nor the one to give them licence to sin.’7
1. Al-Bukhari, no.69; Muslim, no.1734.
2. Cited in Ibn ‘Abd al-Barr, Jami‘ Bayan al-‘Ilm wa Fadlihi (Saudi Arabia: Dar Ibn al-Jawzi, 1994), no.1467.
3. Consult: Kamali, Principles of Islamic Jurisprudence (Cambridge: Islamic Texts Society, 2006), 436-38.
4. Ahmad, Musnad, no.5866. It was graded sahih in al-Albani, Irwa al-Ghalil fi Takhrij Ahadith Manar al-Sabil (Beirut: al-Maktab al-Islami, 1979), 3:13, no.564.
5. See: al-Bassam, Tawdih al-Ahkam (Riyadh: Dar al-Mayman, 1430H), 2:571-72.
6. Contentions, 14/9 at: http://masud.co.uk/ISLAM/ahm/contentions14.htm
7. Cited in al-Qurtubi, Kitab al-Tadhkirah (Riyadh: Maktabah Dar al-Minhaj, 1425H), 800.