Jalī al-Naşş

Jalī al-Naşş fī Amākin al-Rukhaş

Clear Textual Evidence Concerning Situations for Exemption (from Legal Restrictions)

Certain prohibited things become permissible at certain times and in certain conditions; this does not mean that every prohibited thing becomes permissible at some time or the other, nor does it mean that in every situation, there can be found an excuse or another for an exemption. So, what are the general guidelines concerning exemptions? This short epistle describes rulings concerning exemptions and concessions in sharīáh based on fundamental principles, of which are:

a) To abstain from evil is more important than obtaining benefit from something.

b) Upon necessity, prohibited things become permissible.

c) If one has to choose between two negatives, it is better to choose the lesser evil.

d) To prevent injury, damage and harm is of prime importance.

e) Disaster and crisis call for alleviation; also stated as: That which is cause for constriction, shall give way for accommodation.

f) That which is forbidden to take, is forbidden to give.

g) Deeds are according to their intentions.

Furthermore, the reasons for exemption fall in the following five categories:

1) Necessity

2) Need

3) Benefit

4) Accessory or Adornment

5) Superfluousness

After explaining all these terms, Alahazrat gives examples to illustrate how these factors have a bearing on legal rulings. This is a handy reference and a concise guide for muftis on this subject.