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Rule of Removal of Hardship

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The Rule of Removal of Hardship (Arabic:قاعدة نفى العسر و الحرج‌) is a jurisprudential rule meaning the absence of rulings that are difficult, burdensome, and impossible to fulfill. Jurists consider this well-known rule to be applicable to all chapters of jurisprudence, including acts of worship and transactions. This rule is supported by the Qur'an, Sunna, consensus (ijma'), and the practice of the wise (sirat al-ʿuqala'). This rule is regarded as a Divine favor and leniency (imtinan and irfaq) toward the Umma of the Prophet (s). It is inferred from this rule that Islamic Sharia is not rigorous or burdensome.

The rule of removal hardship has been influential in many areas of jurisprudence and has modified several rulings. Examples include the non-obligation of ghusl or wudu in extreme cold, permitting travelers and the sick to break their fast during Ramadan, and granting the wife the right of divorce when the continuation of marriage causes her extreme hardship. Murtada Mutahhari considers the existence of such rules as a cause for the modification of rulings and a sign of flexibility in Islamic laws.

Introduction

The rule know as "the removal of hardship" is one of the well-known and important jurisprudential rules applicable in all chapters of jurisprudence, including acts of worship and transactions.[1] The meaning of this rule is that in Islamic Sharia, no difficult or arduous ruling has been legislated for those obligated (mukallaf).[2] According to this rule, if the execution of a religious ruling causes intolerable difficulty for an individual, or if the performance of certain religious rulings in specific circumstances becomes distressing (haraj-awar), that obligation is exempted from the person's duty.[3]

Some have stated that this rule does not mean that the mere presence of hardship (mashaqqa) justifies the suspension of religious rulings;[4] rather, "haraj" refers to extreme difficulty.[5] Makarim Shirazi has stated that "usr" and "haraj" do not refer to every type of difficulty, as many obligations are inherently accompanied by some hardship. In his view, it refers to severe hardship that is normally intolerable.[6] It is said that the rule of removal of difficulty removes the "additional" hardship or difficulty that occurs beyond the standard difficulty inherent in an obligation.[7] Some argue that the application of this rule depends on its customary practice (ʿurfi) definition and wherever common sense (urf) considers a ruling to be distressing, this rule can be applied.[8]

Hardship that is beyond human capacity (fawq al-taqa), or hardship whose endurance would lead to the breakdown of social order or to harm to life, property, or reputation, is considered outside the scope of this specific rule. This is because "hardship beyond capacity" is discussed in theology and Principles of Fiqh, where imposing such a duty is deemed impossible and irrational.[9] The Rule of La Haraj (no difficulty) covers all rulings, including obligations and prohibitions,[10] as well as injunctive and declaratory rulings.[11] Some have also classified this rule as one of the practical principles (al-usul al-'amaliyya) rather than a piece of evidence (amara) or proof.[12]

The rule of removal of hardship is considered a Divine favor and an act of leniency toward the Umma of the Prophet (s).[13] It is inferred from this rule that Islamic Sharia is not rigorous[14] and contains no rulings that would bring distress or extreme difficulty to humans.[15] Murtada Mutahhari states that this rule and similar rules to it serve to regulate and adapt rulings, indicating flexibility in Islamic laws.[16]

Evidences

The rule of removal of hardship is supported by the Qur'an,[17] Sunna,[18] consensus,[19] and the practice of the wise.[20] One of the most important verses cited is Qur'an 22:78.[21] This verse is considered to oversee all Islamic laws.[22] It is said the verse means that whenever following a ruling places the person in difficulty that ruling is removed from their obligation.[23] Other verses include Qur'an 5:6,[24] Qur'an 2:185,[25] Qur'an 2:286,[26] and Qur'an 22:47.[27] It is stated that due to their absolute nature (itlaq), these verses encompass all Sharia rulings and Islamic regulations.[28] Sayyid Muhammad Musawi Bujnurdi (d. 2024-25) believed these verses clearly indicate that no distressing ruling has been legislated in Islam, and if a ruling leads to helplessness or extreme hardship, it is negated by these verses.[29]

Numerous traditions have been narrated that form the basis of this rule.[30] Mulla Ahmad Naraqi has listed many traditions regarding the negation of hardship in his book 'Awa'id al-ayyam,[31] which indicate the non-legislation of distressing rulings.[32] The famous prophetic hadith, "I was sent with the easy and lenient monotheistic religion,"[33] is one of the traditions serving as a basis for this rule.[34] In the interpretation of this tradition, it is said that if distressing rulings existed in the religion, it would not be consistent with what the Prophet (s) described the religion as; easy and lenient.[35]

Application

The Rule of Removal of Hardship has been influential in many areas of jurisprudence, modifying several rulings;[36] including:

  • Exemption of ghusl or wudu in extreme cold.[37]
  • Exemption of Hajj in distressing conditions even when one is financially able (istita'a).[38]
  • Exemption of Jihad for the disabled and those for whom jihad is extremely difficult.[39]
  • Exemption of identifying and following the most learned (a'lam) for someone for whom it causes hardship.[40]
  • Permissibility of Tayammum if there is harm involved in obtaining water, such as buying water for wudu at several times its price.[41]
  • Permissibility of breaking the fast in Ramadan for the sick,[42] the traveler,[43] the elderly,[44] and those suffering from extreme thirst.[45]
  • Permissibility of divorce for the wife by the Sharia judge if the continuation of marriage causes extreme hardship for the wife.[46] Also, if the husband is insane prior to the marriage contract, the wife has the option to annul (khiyar al-faskh) the marriage if the marriage entails severe hardship.[47]

Notes

  1. ↑ Bujnūrdī, Qawāʿid-i fiqhiyya, 1401 AH, vol. 1, p. 365; Fāḍil Lankarānī, Qāʿida-yi lā ḥaraj, 1385 Sh, p. 21.
  2. ↑ Dāʾirat al-Maʿārif al-Fiqh al-Islāmī, Farhang-i fiqh, 1395 Sh, vol. 6, p. 437; Muḥaqqiq Dāmād, Qawāʿid-i fiqh, 1406 AH, vol. 2, p. 92.
  3. ↑ Makārim Shīrāzī, al-Qawāʿid al-fiqhiyya, 1370 Sh, vol. 1, p. 195; Bujnūrdī, Qawāʿid-i fiqhiyya, 1401 AH, vol. 1, p. 368; Walāʾī, Farhang-i tashrīḥī-yi iṣṭilāḥāt-i uṣūl, 1393 Sh, p. 261.
  4. ↑ Fāḍil Lankarānī, Qāʿida-yi lā ḥaraj, 1385 Sh, p. 21.
  5. ↑ ʿAlīmurādī, "Qāʿida-yi nafy-i ʿusr wa ḥaraj", p. 144.
  6. ↑ Makārim Shīrāzī, al-Qawāʿid al-fiqhiyya, 1370 Sh, vol. 1, pp. 181-183.
  7. ↑ Fāḍil Lankarānī, Qāʿida-yi lā ḥaraj, 1385 Sh, pp. 127-128.
  8. ↑ Ḥaqq-gūyān, "Māhiyyat wa qalamraw-i qāʿida...", p. 54.
  9. ↑ Makārim Shīrāzī, al-Qawāʿid al-fiqhiyya, 1370 Sh, vol. 1, pp. 160-161.
  10. ↑ Fāḍil Lankarānī, Qāʿida-yi lā ḥaraj, 1385 Sh, p. 161; Bujnūrdī, al-Qawāʿid al-fiqhiyya, 1377 Sh, vol. 1, p. 257.
  11. ↑ Bujnūrdī, al-Qawāʿid al-fiqhiyya, 1377 Sh, vol. 1, p. 255; ʿAlīmurādī, "Qāʿida-yi nafy-i ʿusr wa ḥaraj", p. 150.
  12. ↑ Fāḍil Lankarānī, Qāʿida-yi lā ḥaraj, 1385 Sh, p. 24.
  13. ↑ Ḥaqq-gūyān, "Māhiyyat wa qalamraw-i qāʿida...", p. 44.
  14. ↑ Fāḍil Lankarānī, Qāʿida-yi lā ḥaraj, 1385 Sh, p. 21.
  15. ↑ ʿAlīmurādī, "Qāʿida-yi nafy-i ʿusr wa ḥaraj", p. 151.
  16. ↑ Mutahharī, Majmūʿih-yi āthār, 1389 Sh, vol. 21, p. 335.
  17. ↑ Fāḍil Lankarānī, Qāʿida-yi lā ḥaraj, 1385 Sh, p. 32.
  18. ↑ Bujnūrdī, al-Qawāʿid al-fiqhiyya, 1377 Sh, vol. 1, p. 250.
  19. ↑ Bujnūrdī, Qawāʿid-i fiqhiyya, 1401 AH, vol. 1, p. 368.
  20. ↑ Muḥaqqiq Dāmād, Qawāʿid-i fiqh, 1406 AH, vol. 2, p. 89.
  21. ↑ Muḥaqqiq Dāmād, Qawāʿid-i fiqh, 1406 AH, vol. 2, p. 82; Bujnūrdī, al-Qawāʿid al-fiqhiyya, 1377 Sh, vol. 1, p. 249; Husaynī Shīrāzī, al-Fiqh: al-Qawāʿid al-fiqhiyya, 1414 AH, p. 83.
  22. ↑ Muḥaqqiq Dāmād, Qawāʿid-i fiqh, 1406 AH, vol. 2, p. 82.
  23. ↑ Muḥaqqiq Dāmād, Qawāʿid-i fiqh, 1406 AH, vol. 2, p. 82.
  24. ↑ Husaynī Shīrāzī, al-Fiqh: al-Qawāʿid al-fiqhiyya, 1414 AH, p. 83.
  25. ↑ Fāḍil Lankarānī, Qāʿida-yi lā ḥaraj, 1385 Sh, p. 77.
  26. ↑ Fāḍil Lankarānī, Qāʿida-yi lā ḥaraj, 1385 Sh, p. 81.
  27. ↑ Fāḍil Lankarānī, Qāʿida-yi lā ḥaraj, 1385 Sh, p. 32.
  28. ↑ Muḥaqqiq Dāmād, Qawāʿid-i fiqh, 1406 AH, vol. 2, p. 83.
  29. ↑ Bujnūrdī, Qawāʿid-i fiqhiyya, 1401 AH, vol. 1, p. 366.
  30. ↑ Muḥaqqiq Dāmād, Qawāʿid-i fiqh, 1406 AH, vol. 2, p. 84; Husaynī Shīrāzī, al-Fiqh: al-Qawāʿid al-fiqhiyya, 1414 AH, p. 84.
  31. ↑ Narāqī, ʿAwāʾid al-ayyām, 1375 Sh, pp. 174-181.
  32. ↑ Bujnūrdī, Qawāʿid-i fiqhiyya, 1401 AH, vol. 1, p. 368.
  33. ↑ Majlisī, Biḥār al-anwār, 1368 Sh, vol. 69, p. 234.
  34. ↑ Muḥaqqiq Dāmād, Qawāʿid-i fiqh, 1406 AH, vol. 2, p. 87.
  35. ↑ Muḥaqqiq Dāmād, Qawāʿid-i fiqh, 1406 AH, vol. 2, p. 87.
  36. ↑ Sajjādī Amīn, "Tabyīn-i mabānī-yi fiqhī...", p. 33.
  37. ↑ Bujnūrdī, Qawāʿid-i fiqhiyya, 1401 AH, vol. 1, p. 376; Bujnūrdī, al-Qawāʿid al-fiqhiyya, 1377 Sh, vol. 1, p. 256.
  38. ↑ Bujnūrdī, Qawāʿid-i fiqhiyya, 1401 AH, vol. 1, p. 377.
  39. ↑ Shāhīn-fard, "Gustarih-yi mafhūmī-yi qāʿida...", p. 54.
  40. ↑ Jannātī, Adwār-i fiqh wa kayfiyyat-i bayān-i ān, 1374 Sh, p. 361.
  41. ↑ Shāhīn-fard, "Gustarih-yi mafhūmī-yi qāʿida...", p. 50.
  42. ↑ Ṭabāṭabāyī Ḥāʾirī, Riyāḍ al-masāʾil, 1418 AH, vol. 5, p. 485.
  43. ↑ Muḥaqqiq Dāmād, Qawāʿid-i fiqh, 1406 AH, vol. 2, p. 83.
  44. ↑ Mishkīnī, Iṣṭilāḥāt al-uṣūl, 1371 Sh, p. 213.
  45. ↑ Shāhīn-fard, "Gustarih-yi mafhūmī-yi qāʿida...", p. 52.
  46. ↑ Bujnūrdī, Qawāʿid-i fiqhiyya, 1401 AH, vol. 1, p. 374; Ḥaqq-gūyān, "Māhiyyat wa qalamraw-i qāʿida...", p. 51.
  47. ↑ Makārim Shīrāzī, Kitāb al-nikāḥ, 1424 AH, vol. 5, p. 94.

References

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