What Is Rukhsah?
Understanding of Rukhshah
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We often hear this sentence, especially when discussing the fiqh chapter of worship. Then what is the essence of Rukhsah?
The following is an excerpt from the description of the Rukhsah which we concluded from the book Taisir Ilmi Ushul al-Fiqh, Shaykh Abdullah bin Yusuf al-Juada'i.
Rukhsah [الرُّخصةُ] in a language means light and easy. While Rukhsah in terms is
اسمٌ لِما شُرعَ متعلِّقًا بالعوارضِ خارجًا في وصفِهِ عن أصلهِ بالعُذْرِ
The term for something that is stated in relation to conditions outside its original nature due to the existence of udzur.
To understand the definition above, you can consider the following example,
"Jama' Prayer because safar udzur or rain"
Jama' something that is prescribed in Islam, when certain conditions occur.
The original nature of prayer is done at the specified time. However, when it is Jama', the prayer may be done outside of time, either prioritized like Jama' taqdim, or delayed like Jama' ta'khir.
While safar and rain are udzur which are the reasons for issuing the rules of prayer from their original nature.
Another example,
"Qashar Dhuhr prayers for travelers"
Qashar includes the term shar'i, which is permitted when certain conditions, namely safar.
The original nature of Dhuhr prayer is done by 4 rak'ahs. However, for reasons of safar, this prayer is done in two rakaah, so that it is done outside its original nature.
While safar is udzur who allows to do qashar.
Rukhsah vs Azimah
Opponents of rukhshah are azimah [العزيمَة].Because he is the opposite, Azim means the original law of the Shari'a that Allah gave to Mukallaf.
Whereas Rukhsah means conditions that come out of law as long as they are due to udzur.
This means that there is a Rukhsah caused by udzur. Therefore, the rukhshah will last as long as there is still udzur. On the contrary, Rukhsah is considered to be absent when udzur no longer exists.
The Causes of Rukhsah
Rukhshah in Islamic law returns to 7 reasons:[1] The weak condition of a creature
This is the reason for the abortion of the obligation of shari'a (taklif) for small children and crazy people. This condition is also the reason for the alleviation of the obligation to carry out shari'a (taklif) for women, so that they are not required to be Jumah prayer, Jamaah prayers, or jihad.
[2] Pain
It is the reason that it is permitted not to fast during Ramadan, to take a sitting position when obligatory prayers, or to use a drug whose original law is forbidden (Haram), because there is no other choice.
[3] Safar
It is the reason that he is allowed not to fast when Ramadan, qashar 4 rakaah prayers, not the mandate for jumah prayer, as well as the additional time limit for wiping khuf when ablution (Wudh).
[4] Forgot
Is the cause of disappears of sin and the punishment of the afterlife when a servant makes a mistake. Likewise, this is the reason for the validity of one's worship (such as fasting or prayer), despite breaking. For example, forgetting to eat when fasting. Or forget the initial tasyahud when praying. If this was done deliberately, of course fasting and prayer were canceled.
[5] Stupid (الجـهل)
The condition of not knowing (stupid) as long as it happens is not due to negligence (do not want to learn), can be the cause of the disappeared of sin and punishment in the afterlife when a servant makes a mistake.
People who commit usury(Riba') contracts because they do not know, the assets they get while not knowing, he may use. Will still, once he knows, he can't use it anymore.
A mujtahid who is wrong in doing ijtihad, he still gets a reward, while his mistakes are forgiven. He got his udzur because he didn't know the truth, after trying to find it.
[6] Coercion (الإكراهُ)
It is the reason for allowing him to violate the rules imposed on the servant, in order to avoid threats that endanger him.
The person who is forced to drink khamr, if not beaten on the head, may drink it.
Likewise, coercion aborts the law of undesirable actions. For example, a husband is forced to divorce his wife, so the divorce he has dropped is considered invalid.
[7] General and widespread conditions, which are difficult to avoid (عُمُومُ البلْوَى)
Unwanted circumstances, which are difficult to avoid, because they are almost everywhere, can be an excuse to be forgiven (tolerated).
People who experience salicul baul, always urinate, are allowed to do prayers, even though in the midst of prayer out drops of urine.
Ikhtilat (mixed-use) between men and women in origin is prohibited. But when it is impossible to avoid it when tawaf, then this condition is tolerated.
Almost all transactions carried out by humans must have gharar (unclear conditions). So that gharar is unavoidable, tolerated.
Types of Rukhsah
There are 3 types of rukhshah:[1] It is permissible for something that is Haram because of dharurat
In this case the rules apply,
الضَّرُوراتُ تُبيحُ المحظُوراتِ
An emergency allows something that is prohibited
For example, it is permissible to consume/eat carcasses or blood or haram food due to an emergency.
Allah says,
إنما حرم عليكم الميتة والدم ولحم الخنزير وما أهل به لغير الله فمن اضطر غير باغ ولا عاد فلا إثم عليه إن الله غفور رحيم
"He has only forbidden to you dead animals, blood, the flesh of swine, and that which has been dedicated to other than Allah. But whoever is forced [by necessity], neither desiring [it] nor transgressing [its limit], there is no sin upon him. Indeed, Allah is Forgiving and Merciful."
[2] He is allowed to leave the mandatory
The Prophet sallallaahu 'alaihi wa sallam said,
وإذا أمرْتُكُم بأمرٍ فَأْتُوا منهُ ما استَطعتُمْ
If I tell you to do something, do as you can. (Muttafaq 'alaih).
Stand when prayer is obligatory, the law is Rukun in prayer (salah). But for people who have udzur, they can do it while sitting because they cannot afford it.
Legal fasting for Ramadan is mandatory. But for travellers or people who are sick, may not fast because of udzur, but the fast must be qadha outside of Ramadan.
Allah says,
فَمَنْ كَانَ مِنْكُمْ مَرِيضًا أَوْ عَلَى سَفَرٍ فَعِدَّةٌ مِنْ أَيَّامٍ أُخَرَ
The month of Ramadhan [is that] in which was revealed the Qur'an, a guidance for the people and clear proofs of guidance and criterion. So whoever sights [the new moon of] the month, let him fast it; and whoever is ill or on a journey - then an equal number of other days. Allah intends for you ease and does not intend for you hardship and [wants] for you to complete the period and to glorify Allah for that [to] which He has guided you; and perhaps you will be grateful.
[3] The partial contract was enforced even though some of the conditions could not be fulfilled due to udzur or because it could not be avoided.
For example, buying and selling salam or istishna contracts, the law is permitted. Even though when this contract is made, the object does not yet exist, so it is counted as buying and selling ma'dums (items that do not yet exist).
So ... hopefully useful
Allahu a’lam.
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