The Evolution of Fiqh(1.4.1 The Removal of Difficulty)

The system of Islaam has been revealed for man’s

benefit. It provides him with guidance in all walks of life in

order to ensure for him a righteous lifestyle within a just

society committed to the service of God. Islamic laws are not

meant to be a burden, creating difficulties for man in order for

him to grow spiritually, as some systems may claim, They are

designed to facilitate mankind’s individual and societal needs.

As such, among the pillars on which Islaam is based is the

removal of unnecessary difficulties wherever possible.

Evidence to support the fact that Islamic law is based on the

concept of removal of difficulty can be found throughout the

Qur’aan. The following verses from the Qur’aan are only a

few examples:

“Allaah does not burden a soul with more

than it can bear.”Soorah al-Baqarah (2): 286.

“Allaah wishes for you ease and He does not

wish difficulty for you.”Soorah al-Baqarah (2): 185.

“He did not make any difficulty for you in

the religion.”Soorah al-Hajj (22): 78

“Allaah wishes to lighten the burden for you,

for man was created weak.”Soorah an-Nisaa (4): 28.

Because of this principle, Allaah has enacted along with the

divine laws a variety of legal concessions, like the permission

to break fast, and shorten and join prayers during travel. More

over, the consumption of prohibited substances (e.g., pork and

alcohol) in cases of dire necessity was also permitted.

“But if anyone is forced by hunger, with no

inclination to transgression, Allaah is indeed

Oft-forgiving, Most Merciful.”Soorah al-Maa’idah (5): 4

The Prophet (s.w.), who was the prime example of

how Islamic law was to be implemented, was himself

described as always choosing the easier path whenever a

choice was given to him between two possible paths, as long

as the easier path was not sinful. (al-Bukhaaree ;Sahih  Muslim)

 He was also reported to

have said to some of his followers on the occasion of their

dispatchment/ departure as governors of Yemen, “Make things

easy (for the people) and do not make them difficult.”
( al-Bukhaaree ;Sahih Muslim)

Islamic legal scholars unanimously consider this

concept an indisputable fundamental principle followed by

God in the enactment of laws. Consequently, in their

implementation of the divine laws, they have deduced many

secondary laws on this basis.

Taareekh at-Tashree’ al-Islaamee, pp. 19-20 and al-Madkhal, pp. 85-89.