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Legal concessions: Their reality and legality
Under category :
Legal Concessions
4767
2007/11/29
2024/12/18
legal concessions: their reality and legality:
amongst the manifestations of the mercy of our noble prophet, peace and blessings be upon him, regarding the matter of legislation are the concessions he prescribed to those who have legal excuses at applying the rulings of the religion.
concession is intended to make things easy and alleviate hardship for the worshipers in their actions when they have specific excuses and unable to do them although the reason of prohibiting still exists, or it is allowed in spite of its prohibition[1] such as eating the dead animal at the intense necessity and excusing the traveler from fasting. this is the real meaning of concession, comparing to commandments.
islam has prescribed concessions to alleviate hardship that can lead in many cases to hardness and difficulty due to the lack of the basic means. alleviating hardship is one of the main objectives and principles of the religion. legislator did not impose obligations on people to make them suffer or make things difficult for them. this was proved by the noble quran, honorable sunnah and scholarly consensus. amongst the proofs of the quran is the saying of allaah the almighty:
{allaah does not intend to make difficulty for you, but he intends to purify you.}[al-maa’idah: 6]
also, quran gave an example for the concessions in the saying of allaah the almighty: {but whoever is forced by severe hunger with no inclination to sin - then indeed, allah is forgiving and merciful.} [al-maa’idah: 3]
amongst this is: breaking fast during travelling at the days of ramadan and shortening the obligatory prayer during travelling i.e.: in the prayer consisting of four rak’ahs (units of prayer), only two are prayed during travelling, wiping over khuff (leather socks) in ablution, performing tayymmum (dry ablution) by dust when water cannot be found or if one is sick as it is mentioned in the saying of allaah the almighty:
{and if you are ill or on a journey or one of you comes from the place of relieving himself or you have contacted women and find no water, then seek clean earth and wipe over your faces and your hands [with it]. indeed, allah is ever pardoning and forgiving.}[an-nisaa’: 43]
regarding the legal concessions, the prophet, peace and blessings be upon him, said: “indeed, allaah likes that his concessions are observed just as he hates that sins be committed.”[2] in another variant narration, he, peace and blessings be upon him, said: “just as he loves that you put his commandments into practice.”[3]
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[1]al-ghazaali: al-mustasfa p. 194.
[2] reported by ahmad from ibn ‘umar, no 5600, ibn hibaan, shu‘aib al-arna’oot said its chain of narrators is strong and al-albaani deemed it saheeh (authentic) in al-irwaa’ (564).
[3] reported in al-mu‘jam al-awsat by at-tabaraani no, 8263, saheeh ibn hibaan and its chain of narrators is strong, and al-albaani deemed it saheeh in at-targheeb wa at-targheeb (1060).
