Dictionary / Arabic - Turkish Terminology

RUKHSAH – رخصة

 

Literally: Permission. License. Facility. A certificate of permission. A permit. A license.

As a fiqh term: A dispensation by Allah in respect to the lightening of a religious duty. An exception to a general law granted to preserve life.

The ‘azîmah is the original rule, which everyone has to abide by and rukhsah is an ease and permission used temporarily and in a specific situation, which Sharî’ah legitimated in the secondary degree.

For example: Holding the sawm is a fardh for all muslims. The Rukhsah for sawm is what Islam legislated temporarily for a specific situation. Not holding sawm while travelling or when sick if there is a certain necessity-dharûrah (please refer to the compilation of “What is necessity-dharûrah?”)

For example: If someone is forced through death or losing one member of his to make a statement of kufr, it is to be made permissible by Sharî’ah and given rukhsah to ease his hardship, so long as his îmân remains firm in his heart.

In the âyah (4:160) of the Qur’an, it is declared that Allah made haram some halal things and actions for the Jewish community due to their dhulm and dhalâlah. It is understood from this event of making haram, Sharî’ah legislates the injunctions through the situation of the community. When dissipation and sins arise in the community, injunctions of the Sharî’ah become severe. Yes, it is a principle of Islam that in the time of fitnah or if there is a possibility of fitnah the way of rukhsah is to be closed and when the piety of the community gains strength, acting through rukhsah become permissible.

 

“The careless should not be indulged with rukhsahs, but determinedly and severely warned by ‘azîmah.” The Letters ( 553 )

 

“The rule of اِنَّ الضَّرُورَاتِ تُبِيحُ الْمَحْظُورَاتِ that is “Dharûrah makes halal, what is haram”. Thus, this rule is not universal. So long as dharûrah does not occur by way of haram, it is the cause to make haram halal. Otherwise, if something has become dharûrah due to misuse of  the will and for illicit reasons, it cannot make halal what is haram, this dharûrah may not be the basis of ordinances by rukhsah and may not constitute an excuse. For example, if through misuse of the will, someone makes himself drunk in a haram way, according to ‘ulamâ of the Sharî’ah, his actions act against him and he may not be accepted as excused. If he divorces his wife, the divorce is in force. And if he commits a crime, he receives the penalty. But if it is not through misuse of  the will, the divorce is not in force, neither does he receive any penalty. And, for example, even one who is addicted to alcohol to the degree of dharûrah may not say: "It is a dharûrah and halal for me."

Thus, at this time there are many matters which have reached the degree of dharûrah and have taken the form of a general calamity which make people addicted to them. Since they have emerged from misuse of the will, illicit inclinations and haram acts, they may not make halal what is haram through being the basis of ordinances by rukhsah. Whereas, since ahl al-ijtihâd of the present time make those dharûrahs the basis for the ordinances of Sharî’ah, their ijtihâd are earthly, they arise from the desires, philosophic, they cannot be sâmâwî and are not from the Sharî’ah. Whereas, if ma’nawî permission of Al-Khâliq is not existent, the disposal concerning the Ilahî ordinances of Al-Khâliq of the samâwât and the Earth and interference in the ‘ibâdah of His ‘abds  are rejected.” The Twenty-Seventh Word/The Third/The Fifth

 

On the basis of only absolute dharûrah, there is rukhsah within the Sharî’ah to prefer what is glass (such as this world and wealth) over what is clearly known as diamond (such as the âkhirah and îmân). Otherwise, to make this preference based on a minor need, a fancy or greed and slight fear, is a foolish ignorance and loss that is deserving of a slap.” Kastamonu Addendum (33)

 

“Then those dhâlims who occupy high places in the eyes of the world said: "Not once in twenty years have you worn our headgear; you have not uncovered your head in the presence of either the former court or the present courts; you have presented yourself in the former attire. Whereas seventeen million have taken to modern dress." So I replied: rather than wearing through a rukhsah of the Sharî’ah and under the constraint of the law, the dress, not of seventeen million or even seven million, but with their own consent and sincere acceptance of seven thousand European-smitten drunkards, I prefer to wear, in conformity with ‘azîmah of the Sharî’ah and taqwâ, the dress of seven thousand million.” The Rays ( 315 )

 

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