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Philosophy and Fundamentals of Sharī’ah for Islamic Finance
SHA0011

3. Hardship Begets Facility

Basis is from the Qur’ān:

Allāh SWT says:
“And Allāh SWT has imposed no difficulties on you in religion.”
(al-Ḥajj 22:78)

General meaning of the Maxim:

The maxim combines two different words. The first of which is
mashaqqah which connotes hardship and the second is taysīr which
means simplicity or facility. When combined together, it simply
means hardship brings easy or hardship begets facility. From Sharī’ah
point of view, this maxim points out that any rules causing hardship
in its implementation will be resorted by alternative and way out in
order to overcome the difficulties and hardships.

Applications of the Maxim:

a. If a person has not been able to pray in standing position due
to the pain, he is tolerated to pray with sitting-down or lying
down position.

b. Another application is that the doctor is allowed to see the
needed part of patient’s body for medical purposes.

c. Sharī’ah also gives a certain concession to those who are on a
journey to break their fasting in Ramaḍān, leaving Friday
prayer and exercising qasr and jama‘ in prayers.

4. Harm is to Put an End
Basis is the saying of the Prophet SAW meaning:

“Damage and retaliation by damage is not allowed.”
(Ṣaḥīḥ Muslim)

General meaning of the maxim:
Technically, harm (ḍarar) is defined as anything that impedes the
achievement of legitimated public benefit (maṣlaḥah), either this
benefit is for public themselves or others, due to infringement, arbitrarily
or neglecting. From this definition, anything that breaks maṣlaḥah
will cause the harm to the ummah so that should be removed. The
harm in this maxim consists of general and specific harm and also
before or after its occurrence.