Principles of Islamic Jurisprudence by MH kamali

The two are interrelated in that rukhsah can only

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Unformatted text preview: h if it is a substitute for wudu' when the weather is extremely cold. The point is that in rukhsah the individual must be able to take an alternative course of action. [49. Ghazali, Mustasfa, I, 62-63.] Rukhsah occurs to any of four varieties. Firstly, in the form of permitting a prohibited act on grounds of necessity, such as eating the flesh of a carcass, and drinking wine at the point of starvation or extreme thirst. Secondly, rukhsah may occur in the form of omitting a wajib when conformity to that wajib causes hardship, such as the concession granted to the traveler to shorten the quadruple salah, or not to observe the fasting of Ramadan. Thirdly, in the area of transactions, rukhsah occurs in the form of validating contracts which would normally be disallowed. For example, lease and hire (ijarah), advance sale (salam) and order for the manufacture of goods (istisna`) are all anomalous, as the object of contract therein is non-existent at the time of contract, but they have been exceptionally permitted in order to accommodate the public need for such transactions. And lastly, rukhsah occurs in the form of concessions to the Muslim ummah from certain rigorous laws which were imposed under previous revelations. For example, zakah to the extent of one-quarter of one's property, the impermissibility of salah outside a mosque, and the illegality of taking booty (i.e. ghanimah), which were imposed on people under previous religions, have been removed by the Shari'ah of Islam. Mabahith, pp. 106-112.] II.5 Valid, Irregular and Void (Sahih, Fasid, Batil) [50. Abu Zahrah, Usul, p. 50; Abu `Id, Principles of Islamic Jurisprudence ~ Kamali 294 These are Shari'ah values which describe and evaluate legal acts incurred by the mukallaf. To evaluate an act according to these criteria depends on whether or not the act in question fulfils the essential requirements (arkan) and conditions (shurut) that the Shari'ah has laid down for it, as well as to ensure that there exist no obstacles to hinder its proper conclusion. For example, salah is a shar'i act and is evaluated as valid when it fulfils all the essential requirements and conditions that the Shari'ah has provided in this regard. Conversely, salah becomes void when any of its essential requirements and conditions are lacking. Similarly, a contract is described as valid when it fulfils all of its necessary requirements, and where there is nothing to hinder its conclusion; otherwise it is void. When salah is performed according to its requirements, it fulfils the wajib, otherwise, the wajib remains unfulfilled. A valid contract gives rise to all of its legal consequences whereas a void contract fails to satisfy its legal purpose. The ulema are in agreement to the effect that acts of devotion (`ibadat) can either be valid or void, in the sense that there is no intermediate category in between. Legal acts are valid when they fulfill all the requirements pertaining to the essential requirements (arkan), causes, conditions and hindrances, and are voi...
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This note was uploaded on 04/13/2013 for the course ISLAM 101 taught by Professor Islam during the Spring '13 term at Harvey Mudd College.

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