ضوابط العمل بالرخصة والعزيمة

PARAMETERS FOR THE APPLICATION OF LEGAL CONCESSION (RUKHSA) AND STRICT ORDINANCES (AZIMA)

Abstract

This research explores the concept of Rukhsa ( Legal Concession) and Azima (strict ordinances) as tow pivotal principles of Islamic legal theory (Usul al Fiqah) that demonstrate the inherent ease and flexibility of Shariah in accommodating the circumstances of legally accountable persons (Mukallafin). Azima is defined as the original legal ruling and the general basis of religious obligation, whereas Rukhsa represents an exceptional ruling legislated to provide mitigation for the Mukallaf  due to a temporary excuse.

Furthermore, the study discusses the legal status of acting upon a concession versus adhering to the strict ordinance, presenting various scholarly perspectives on the matter. It concludes that the preference varies according to specific contexts and individuals; consequently, acting upon a Rukhsa may be categorized as obligatory (Wajib), recommended (Mustahabb), or permissible (Mubah), contingent upon the strength or weakness of the excuse. Finally, the research provides several jurisprudential examples to elucidate these concepts and their practical applications.