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Al-Waadih Fee Usool ul-Fiqh by Muhammad Hussein Abdullah

The Following Of Ar-rukhas (special Exempting Permission)

Ar-Rukhas: It is the Jam’u (plural) of Rukhsah and the Rukhsah is that which has been legislated from the Ahkaam Ash-Shar’iyah as a Takhfeef (lightening) of the ‘Azeemah (commanded action before special permission) due to an ‘Udhr (legitimate legal excuse) whilst the Hukm of the ‘Azeemah remains (in place). The fasting in Ramadan is an ‘Azeemah whilst the breaking of the fast of the sick person or traveller is a Rukhsah. Washing the body part or limb in the Wudoo’ is an ‘Azeemah whilst wiping over the injured or broken limb is a Rukhsah and so on… What is not intended in this discussion ‘The following of Rukhas’, is the performing of the Rukhsah without the ‘Azeemah, where all that is intended from the Rukhas is the taking of the lightest Ahkaam in respect to Takleef. This is where the Mukallaf adopts the Hukm that he views to be lighter than another in respect to commitment. So for instance he adopts that the touching of the woman does not invalidate the Wudoo’ whilst putting aside the Hukm that states that touching the woman does break the Wudoo, and he adopts the Hukm of combining between prayers in a short journey which some of the ‘Ulamaa considered to apply to the person just going outside of the boundaries of the town or village that he resides in, whilst he leaves the Hukm that considers travel to be that which equals 81 km or more.

The following of the Rukhas in the above description relates to the Muqallid taking from the Madhaahib the lightest Ahkaam for the purpose of abiding by them without giving any consideration to the strength of the Daleel or the level of the knowledge of the Mujtahid or even restricting himself to a single Madh’hab.

Reference: Al-Waadih Fee Usool ul-Fiqh - Muhammad Hussein Abdullah

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