format_quote Originally Posted by
azc
1: Would you quote this permission from adilla e shariah...?
2: Concerning fiqh aqliat, what the muqees alaih (quranic verse or hadith or consensus of sahaba :ra: ) is for this permission..?
How is it possible that the ruling of Allah could vary from place to place?
One scholarly answer is found in the Islamic legal concept of darura or "vital interest" that sometimes affects the shari'a rulings otherwise normally in force. Although the fundamental basis of Islamic law is that it is valid for all times and places, Allah Most High, in His divine wisdom, stipulates in Surat al-Hajj that "He has not placed any hardship upon you in religion" (Qur'an 22:78).
Now, the beginning of this verse is an exhortation to fight as hard as one should in jihad, which will normally result in the death of some of the combatants, a considerable hardship, but necessary to protect the religion and interests of the community as a whole. So the verse does not mean there will be no hardship in the religion at all, but rather lifts the hardship of things which are beyond the Muslims strength, which, if they were continually to bear them, would result in harm to vital interests such as their religion, persons, or property.
This means that for Muslims living as minorities, as well as for others, exceptional shari'a rulings may sometimes be effected when not to effect such exceptions from the normal rulings would vitiate a darura or "vital interest". Among the interests usually enumerated as vital in the science of usul al-fiqh or "bases of jurisprudence" are five: one's religion (din), person (nafs), having Among the interests usually enumerated as vital in the science of usul al-fiqh or "bases of jurisprudence" are five: one's religion (din), person (nafs), having offspring (nasl), property (mal), or reason (aql). The effect of shari'a rulings upon these vital interests in particular circumstances could conceivably differ in lands of Muslim minorities from those of Muslim majorities.
http://www.masud.co.uk/ISLAM/nuh/fiqh.htm