Analysis of the Legal Decree of Allowance and Determination
Journal Title: فقه و اصول - Year 2013, Vol 45, Issue 92
Abstract
If, in special circumstances, a decree that had already not been permissible becomes permissible due to facilitation for the religiously accountable (mukallif), that legal decree is called allowance (rukhṣat), such as the permission to eat carcass for the one compelled by necessity (muḍṭar). However, the general legal decree that is devised for the religiously accountable in general in conventional circumstances is called determination (‘azīmat), such as the unlawfulness of a menstruating woman to perform prayer, the unlawfulness of expropriating others’ properties, and the obligatoriness of prayer and fasting for the religiously accountable in general. As for some of the primary decree that are suspended for the religiously accountable on the basis of the evidences of no constriction, no harm and desperate necessity and secondary ruling is legislated, the question arises as to whether these secondary decrees on the religiously accountable is rukhṣat or ‘azīmat. Also, in cases where it is rukhṣat, the relation of permissibility (ibāḥa) to rukhṣat is open to discussion. In this article, while explaining rukhṣat and azīmat, the legal nature of these two and the relation of rukhṣat to ibāḥa, and some instances of the application of these two terms are analyzed and examined along with explaining the jurists’ opinions concerning some of the legal precepts and rules.
Authors and Affiliations
AsadullāH LuṭFī
Keywords
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- EP ID EP183835
- DOI 10.22067/fiqh.v0i0.8761
- Views 129
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