Assignment Individual Qawaid Fiqiyyah

SESSION 2022/2023 A212
QAWAID FIQHIYYAH FOR BUSINESS (B)

BIMS2093
INDIVIDUAL ASSIGNMENT:
AL-MASYAQQAH TAJLIB AL-TAISIR

SUBMITTED TO:
DR. FAUZIAH BINTI MOHD NOOR

PREPARED BY:
NURUL IFFAH BINTI BADROLHISHAM

(280852)

TABLE OF CONTENT PAGES
NO CONTENT 3
1.0 Introduction 4-5
2.0 The relevant legal maxim that related to al-Masyaqqah tajlib al-
6-7
Taisir 8
3.0 The Application of the Legal Maxim or Qawaid al Fiqhiyyah.
4.0 Conclusion

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1.0 Introduction

Legal maxims or qawaid fiqiyyah are general rules which can be applied in various cases that come
under common rulings such as muamalat, munakahat and evidence. The maxim is one of the
general rules which can applies to all its particulars. In qawaid fiqiyyah have five major maxims
that are al-Umur bi maqasidiha, al-Yaqin La yazulu bi al-Syak, al-Masyaqqah tajlib al-Taisir, al-
Darurah yuzal, al‘Adah muhakkamah.

One of the legal maxims is al-Masyaqqah tajlib al-Taisir is the third method of kulliyyah kubra’.
The definition of al-Masyaqqah tajlib al-Taisir is hardship begets ease. The meaning of Masyaqqah
is hardship where legal obligation to be lifted while the Taisir means facility or “rukhsah”. Thus,
the complete definition of necessity to lighten the burden and to disregard rules in exceptional
circumstances if it will cause hardship. Based on Imam Ash- Shatibiy stated that eliminating
hardship is proven true by many decisive propositions in the Shari’ah. In this method or qai’dah
include all “rukhsah” that consider to avoid things that go beyond the limits and it is constrained
by the aims of easing human suffering that are sanctioned by Shariah. From that, we can know
that, the main aim of this legal maxim is give lighten from hardship that burden someone by the
“rukhsah”.

In the Al-Quran, Allah said in Surah Al-Baqarah verse 185:

The month of Ramadan is (the month) in which the Qur'an was revealed, as a guidance for mankind
and explanations of that guidance and the distinction (between the true and the false). Therefore,
whoever of you is in that month, then fast. And whoever is ill or on a journey (he does not fast),
then (it is obligatory to replace it), as many days as he left, on other days. God wants ease for you,
and does not want hardship for you. You shall suffice the number and glorify Allah for His
guidance given to you, that you may be grateful.

From this verse, we can know that Allah S.W.T give “rukhsah” to the person that have hardship
to complete their ibadah or any hardship situation. Therefore, this qa’idah Allah S.W.T want to
removed or reduce the hardship by any types of hardship such as tolerable hardship, intolerable
hardship and medium hardship.

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2.0 The relevant legal maxim that related to al-Masyaqqah tajlib al-Taisir

Al-Masyaqqah tajlib al-Taisir have the branches that related to this legal maxim. The first and the
second qa’idah is “Idha daq al-amr itasa, wa idha itasa, daq” that means when a matter tightens, it
will widen and vice versa. This branches of qa’iadah means in any situation or whatever place of
muslims or individual that encounter unexpected obstacles that avoid them from carrying out
certain Shariah commands, the sharia system will simplify the hardship that face by individual.
Next part of this qa’idah, defined that if any hardship that happen end, the matter should return to
normal or Hukm Al-Asl is original decision. For example, if any person going travel by flight but
they can perform prayer although they do not know where the Qiblah or they did not able to stand
up. This situation shows, how the hardship that they face at the time, they also can perform prayer
but if the hardship is remove, they need to back in normal situation.
The third qa’idah of the Al-Masyaqqah tajlib al-Taisir branches is “Ad-darurat tubih al-mahzurat”
that means the necessity renders prohibited matters permissible. This is because in this qa’idah
state that anything that legally forbidden, it becomes valid because of the necessities or darurah.
Based on this qa’idah involved three level of darurah which are the first level is darurah which
makes what is haram become valid. For example, when the person in starvation and fear with death
if he does not eat, so he can eat anything include haram food such as pig meat because to save their
life based on maqasid syariah. The second level of darurah is as a consequence because it does not
legitimize the illegitimate. This is because if someone was told to utter blasphemy or words of
disbelief, he can say that as long as their hearts are full of faith. The person that do that is not sinful
but the action is remain haram because in the level of darurah if the person can avoid it, it may be
better for the person. The third level of darurah is darurah that does not legitimize what is
illegitimate. For example, if someone killing a sinless or infallible blood relative, acting violently
toward parents and committing zina is sinful. This include the action that have their done is haram,
the person that do also sinful and the victim must be compensated.

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Next, the fourth qa’idah that related to the legal maxim is “Ad-dârurah tuqadar be qadariha or ma
ubih le darurah yuqadar be qadariha” that means necessities have limits that should not be
exceeded. Thus, when the necessities have been blocked, the rukhsah should be limit at that time
for the person cannot go beyond that time. For example, when someone in the critical situation or
condition that main objective is to save his life but at the place did not have any halal food to eat.
So, need to eat the haram food but cannot exceed in taking the haram food but just want to save
his life.
In the fifth qa’idah is “Ma jaz le, udhr batal be zawalih” means should something become legal by
a valid excuse, it becomes illegal when the excuse ends. For example, the person wants to ablution
but no water at the time. So, they use tayammum to replace water but when they can find water
the tayammum will be cancel.
The sixth qa’idah is “Al-hajah tanzil manzil ad-darurah, ammah aw khassah” means general or
particular need, can develop into necessity. This is because needs are lesser than darurah based on
the Sharia that divide the human needs into three categories which are ‘darurah’, ‘hajah’ and
‘kamaliyat’. When, the general need befalls someone or anybody, it become darurah to be remove
for everyone. For example, shariah allowed the witness or judge to see a woman face even though
she certainly knows that this causes her to have very strong sexual desires. So, from this, the
general need is become darurah that need to be removed to avoid it from hardship.
The seventh qa’idah that related to Al-Masyaqqah tajlib al-Taisir is “Al-idtirar la yubtil haqq al-
ghair” that define as the rights of individuals are not being consumed out of necessity. In this
qa’idah explain about the human cannot seize other right and cannot remove harm by drawing
another harm. For example, if have the person that hungry, they need to eat the other person food
but when the starvation is removed, the person that eat other person’s food obliged to pay back to
food owner the value of food.

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3.0 The Application of the Legal Maxim or Qawaid al Fiqhiyyah.
The application of the legal maxim of Al-Masyaqqah tajlib al-Taisir in issue that arise in business
is about the uses of riba in muamalat. As we know that riba will be burden everyone in transactions,
so we need to remove the hardship that cause by riba. In Islam Allah S.W.T already prohibited
riba in Al-Quran in surah Al-Baqarah verse 275: “Those who consume interest will stand on
Judgment Day like those driven to madness by Satan’s touch. That is because they say, “Trade is
no different than interest.” But Allah has permitted trading and forbidden interest. Whoever
refrains after having received warning from their Lord may keep their previous gains, and their
case is left to Allah. As for those who persist, it is they who will be the residents of the Fire. They
will be there forever”. So, any transactions that involve with sale and purchase or making loan
must be avoid by riba because it can burden the person to paid.
Therefore, Al-Masyaqqah tajlib al-Taisir applied in this situation to removed the hardship and give
convenience to all muslims and human especially in the transactions. This is because when the
seller put the price with the extra charge, it will make customer cannot afford to pay because the
price is higher than original price. Thus, this legal maxim that make the rule based on the Al-Quran
and hadis will be applied to reduce the hardship that burden people by give the good solution.
Beside that, the sixth qa’idah of the Al-Masyaqqah tajlib al-Taisir is general or particular need,
can develop into necessity use in the application in finance. For example, in Islamic finance one
of the contracts that have is ijarah contract that is rent contract. In the ijarah contract, the person
that have more asset but did not use it, they give to other person by using the ijarah contract. So,
the person that in hardship to get something can use the ijarah contract to get the things. Therefore,
the legal maxim is to reduce or avoid hardship to the people by doing ijarah contract for them get
the general need to become necessity.

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Next, application in fiqh ibadat is when the person goes travelling and have difficult to perform
prayer during the trip. So, in these branches of Al-Masyaqqah tajlib al-Taisir that is under the fifth
qa’idah is should something become legal by a valid excuse, it becomes illegal when the excuse
ends. So, from that we can know that the legal maxim is apply to this situation to make them easy
to perform prayer when travelling by doing jama’ and qasar that is collect and shorten the prayer
in one time. But, when the trip is end, they cannot to perform prayer in jama’ and qasar because
they don’t any hardship anymore.

For other situation in fiqh ibadah that apply same branches of this legal maxim is when the person
that want to take ablution but at their place or area don’t have any water. So, the legal maxim of
the fifth qa’idah under Al-Masyaqqah tajlib al-Taisir is use to remove the hardship by allowing
the person to do tayammum for prayer. But, when the water is already there, tayammum is
automatically ending and they need to use water to take ablution for prayer.

The third application of this legal maxim that related to medical is apply the branches of Al-
Masyaqqah tajlib al-Taisir is “Ad-darurat tubih al-mahzurat”. In the medical situation that in
darurah condition can make the necessity renders prohibited matters permissible. This is because
in the process of making medicine have to use drugs that allowed by doctors and fulfilled required
the Islamic legal maxim. The medicine that process use the drugs will only cure the disease. So,
this situation is in the darurah because only this medicine needs to use to cure the disease.
Therefore, the legal maxim of “Ad-darurat tubih al-mahzurat” is apply in this situation to be use
to reduce the hardship that burden someone by allow the prohibited matters to use for cure the
disease.

Lastly, in the legal maxim of necessities have limits that should not be exceeded is use in the
application to save life that important in maqasid shariah. If someone face the situation that
someone is starving but the other person has more food or drink that exceed their needs. But the
person refuses to give the food to person that starving and the hungry person can take the food or
drinks by force and need repay it back after this. This legal maxim is applied to help or reduce the
harm if the person did not eat by take if the food with force. Thus, the hungry person that already
full need to pay the value of food.

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4.0 Conclusion
In conclusion, we can know that how difficult we have to face the problem in the life, Allah S.W.T
make the easier way to remove it by this legal maxim that is Al-Masyaqqah tajlib al-Taisir. The
qa’idah in qawaid fiqiyyah is want to make everyone easy to perform the ibadat and the daily
routine by avoid the harm and hardship. As we know that, Islam does not burden human beings
with something that they cannot afford to do and something that can burden them with things that
are out of their habit. Islam gives relief to its ummah according to the ability of each of their
ummah.
Next, masyaqqah or difficulties that are the cause of relief and simplification is masyaqqah that is
beyond the ability of human beings, can even harm a person and prevent him from doing the
commandments of Allah. Therefore, ease or relief should take into account the ability of his people
in doing something is the main purpose to follow the law of Allah. This is because, under the legal
maxim of Al-Masyaqqah tajlib al-Taisir have the many branches that will help to removed or avoid
hardship or harm based on the situation. Thus, the Al-Masyaqqah tajlib al-Taisir is one of the ways
that make hardship begets ease by follow Al-quran and Hadis.

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5.0 References
Eja Armaz Hardi. (Januari,2018). Kaidah Al- Masyaqqah Tajlibu At-Taisir Dalam Ekonomi.

Retrieved from, https://www.researchgate.net/publication/342976868_KAIDAH_AL-
MASYAQQAH_TAJLIBU_AT-TAISIR_DALAM_EKONOMI_ISLAM
Asst. Prof. Dr Ghazali Jaapar. (n.d). Islamic Legal Maxims (Qawa’id Fiqiyyah). Retrieved from
https://islamicbankers.files.wordpress.com/2015/09/ilm-mashaqqah-al-yaqin-1.pdf
Desy Ery K dan Nurul Shiyam Aprila. (n.d). Al- Masyaqqah Tajlibu At-Taisir. Retrieved from
https://www.academia.edu/9567577/Al_Masyaqqoh_Tajlibut_taysir_Kesulitan_Melahirk
an_Kemudahan_
Mualimin Mochammad Sahid, Fettane Amar, Ahmad Syukran Baharuddin. (October,2020).
Aplikasi kaedah-kaedah fiqh dalam isu-isu semasa pandemik covid-19. Retrieved from
file:///C:/Users/SCS/Downloads/65-Article%20Text-172-1-10-20201228.pdf
Muhammad Shettima, Dr. Hamma Adam Biu and Muhammad Al-Amin Deribe. (2016). THE
RELEVANCE OF ISLAMIC LEGAL MAXIMS IN DETERMINING SOME
CONTEMPORARY LEGAL ISSUES
Siti Fariza, Hasanah, Irwan, Azman A.R. (n.d). APLIKASI KAEDAH FIQH AL-DARURAH
TUQADDAR BIQADARIHA DALAM AGIHAN ZAKAT UNTUK MANGSA
BANJIR.
Luqman Tarmizi. (27 Mei 2019). IRSYAD USUL AL-FEQH SIRI KE- 36: RUKHSAH ATAU
‘AZIMAH YANG LEBIH AFDHAL? Retrieved from
https://muftiwp.gov.my/artikel/irsyad-usul-fiqh/3425-irsyad-usul-al-feqh-siri-ke-36-
rukhsah-atau-azimah-yang-lebih-afdhal
Muhammad Syukri Nazari. (18 Januari 2021). Masyaqqah tajlibu taisir. Retrieved from
https://prezi.com/p/-pmdjtkkomsf/masyaqqah-tajlibu-taidir/

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A. (2021, May 5). Tinggal solat Jumaat ketika PKP - Jabatan Mufti Negeri Sembilan.
Jabatan Mufti Negeri Sembilan - Jabatan Mufti Negeri Sembilan. Retrieved June 3, 2022,
from https://muftins.gov.my/2021/05/05/tinggal-solat-jumaat-ketika-pkp/

Ahmad Khoirudin. (n.d). Ushul Fiqh al masyaqqah at tajlib at taysir. Retrieved from
https://www.scribd.com/doc/144955664/Ushul-Fiqh-al-masyaqqah-at-tajlib-at-taysir

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